Karnataka High Court
Hanumanth S/O Bhimasen Walikar vs The State Of Karnataka on 28 October, 2024
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CRL.A No. 100507 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 28TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MS. JUSTICE J.M.KHAZI
CRIMINAL APPEAL NO.100507 OF 2024
(U/S 14 A(2) of SC and ST ACT)
BETWEEN:
HANUMANTH S/O. BHIMASEN WALIKAR,
AGE. 29 YEARS, OCC. AGRICULTURE,
R/O. KALLAKAVATAGI, TA. TIKOTA,
DIST. VIJAYAPURA-586114.
...APPELLANT
(BY SRI SRINAND A.PACHHAPURE, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
THROUGH SAVALAGI POLICE STATION,
NOW REP. BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA, DHARWAD
BENCH, AT DHARWAD-580011.
2. SRI MACCHINDRA S/O. SANTAPPA ZANDE,
AGE. 51 YEARS, OCC. FARMER,
R/O. KALLAKAVATAGI, TAL. TIKOTA,
DIST. VIJAYAPURA-586114.
Digitally signed by ...RESPONDENTS
MOHANKUMAR B (BY SRI.ABHISHEK MALIPATIL, HCGP for R1)
SHELAR
Location: HIGH SRI A.L. SANDRIMANI, ADVOCATE FOR R2)
COURT OF
KARNATAKA
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14A(2) OF
SC/ST (POA) ACT, 1989 SEEKING TO SET ASIDE THE ORDER
DATED 12.09.2024 PASSED BY THE COURT OF II ADDL. DISTRICT
AND SESSIONS JUDGE, BAGALKOTE IN SAVALAGI P.S. CRIME
NO.77/2024 AND GRANT BAIL TO THE APPELLANT/ACCUSED NO.3 IN
SAVALAGI P.S. CRIME NO.77/2024 ON THE FILE OF II ADDL.
DISTRICT AND SESSIONS JUDGE, BAGALKOTE REGISTERED FOR
THE OFFENCES P/U/SEC. 306 OF IPC AND SECTIONS 3(2)(V-A) OF
THE SC AND ST (PREVENTION OF ATROCITIES) AMENDMENT ACT,
2015, IN THE INTEREST OF JUSTICE.
THIS CRIMINAL APPEAL, COMING ON FOR DICTATING
JUDGMENT, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
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CRL.A No. 100507 of 2024
CORAM: THE HON'BLE MS. JUSTICE J.M.KHAZI
ORAL JUDGMENT
(PER: THE HON'BLE MS. JUSTICE J.M.KHAZI)
Appellant who is arraigned as accused No.3 has
filed this appeal under Section 14A(2) of the Scheduled
Castes and Scheduled Tribe (Prevention of Atrocities) Act,
2015 ('the Act' for short), seeking regular bail for the
offences punishable under Section 306 IPC and Section
3(2)(va) the Act.
2. In support of the appeal, the appellant has
contended that he has no nexus with the offence and has
been falsely implicated. The deceased was missing from
25.01.2024, and his body was found on 28.01.2024. The
complaint came to be filed on 13.07.2024 i.e., after lapse
of seven months. No proper explanation is forthcoming for
the delay and its benefit ought to have been given to the
appellant. At this stage, there is no prima facie material
and the allegations made in the complaint are required to
be proved at the trial. Appellant had given hand loan of
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Rs.49,999/- Rs.40,000/-, Rs.50,000/-, Rs.45,000/-,
Rs.5000/- and Rs.50,000/- to the deceased through
PhonePe on different dates. The cheque issued by
deceased towards repayment of the same is returned and
therefore, appellant has filed a private complaint against
the deceased. Therefore, question of harassing or
instigating the deceased for repayment would not arise. In
fact, appellant also belongs to Scheduled Tribe category.
Therefore, the provisions of Act are not attracted against
him. So far as the offence under Section 306 IPC is
concerned, there is no material to connect him to the
suicide committed by the deceased. Deceased has availed
loan from several persons in the village and all of them
were insisting on him to repay the same. Out of frustration
and stress, the deceased might have committed suicide.
However, appellant has nothing to do with the same. He
was arrested on 27.08.2024. Since then he is in judicial
custody. He is ready and willing to abide by any conditions
that may be imposed and offer substantial surety to the
satisfaction of the trial court and pray to allow the petition.
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3. Learned HCGP submitted oral objections stating
that one Machindra Zande filed a complaint stating that as
his son Sachin was not having any proper work, about
three years back he along with his wife Deepa and child
shifted to Savalagi and running a hotel by name,
Annapurneshwari Khanawali near bus stand and was
staying in a rented house. On 25.01.2024 at 9.30 p.m.,
his wife Deepa called the complainant over phone and
informed that Sachin has not returned home and his cell
phone is switched off. On the next day complainant, his
wife, Kalavati, son-in-law, Rajkumar, Chandrakant and
Ramesh searched for him everywhere. In this regard on
07.01.2024, Deepa has filed a missing complaint. On
28.01.2024 at 10.00 a.m., one Tanaji Vitthal Jadhav
informed that a dead body is hanging from a tree in the
forest area and a motorcycle is also found near it. When
they went to the spot, they realised that the body is that
of his son Sachin. In this regard, a report is given, based
on which UDR No.4/24 is registered.
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3.1 When things stood thus, while complainant and
others were checking the videos in the cell phone of the
deceased Sachin, on 25.01.2024, deceased has recorded a
video giving statement that Jakkappa Walikar, Banu
Sunandkar Hanumantha Walikar and Santosh
Ganganamalli have filed cases against him regarding the
money matter and made him to move around the courts
and as such, he was insulted. Even though he shifted to
Savalagi and running the hotel, their harassment has not
stopped. Therefore, he is ending his life. He has also
stated that he was assaulted and abused referring to his
caste. In this regard, deceased Sachin has filed complaint
with Kota police and enraged by this, the harassment has
also increased. In the light of the dying declaration given
by the deceased, his father has filed the complaint.
3.2 Based on the complaint, investigation is taken
up. Appellant is arrested and remanded to judicial
custody. The allegations are very grave. In the event of
granting bail, the appellant threaten or temper with the
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witnesses. He may also abscond and thereby delay and
defeat the investigation and trial and pray to reject the
appeal.
4. Heard the arguments and perused the record.
5. One of the grounds urged by the appellant in
support of the appeal is that he belongs to Scheduled
Tribe and therefore, the provision of the Act is not
applicable. To evidence this fact, appellant has produced
the caste certificate issued by the Revenue Department.
6. The specific allegations against the accused
persons including the appellant are that deceased Sachin
had borrowed loan from various persons and by initiating
criminal proceedings against him, he was insulted and
harassed and unable to bear the harassment, he has
committed suicide and thereby the appellant and others
have abetted him to commit suicide. The incident in
question in which the deceased committed suicide took
place on 25.01.2024. At the first instance, missing
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complaint was filed and after the dead body was
discovered, a UDR case was registered. However, on
13.07.2024, the father of the deceased filed complaint
stating that while he and other family members were
watching the videos containing in the cell phone of the
deceased, they came across a videograph recorded by the
deceased before committing suicide, where he has blamed
all the accused person, including the appellant for forcing
him to commit suicide. He was also abused referring to his
caste. Therefore, the complaint came to be filed leading to
the arrest of present appellant.
7. The maximum punishment that may be
imposed for the offence punishable under Section 306 IPC
is imprisonment which may extend to 10 years and shall
also be liable to fine. The appellant is arrested on
27.08.2024, and since then he is in judicial custody.
Having regard to the nature of the allegations made in the
complaint, by now it would be reasonable to expect that
substantial portion of the investigation is completed.
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Therefore, this court is of the considered opinion that it is
a fit case to grant bail to the appellant. Of course, there is
apprehension on the part of the prosecution that the
appellant may threaten or temper with the witnesses. He
may also abscond and thereby delay the proceedings. It
may be overcome by imposing stringent conditions, and
accordingly, the following;
ORDER
Appeal is allowed.
The impugned order dated 12.09.2024
passed by the II Additional District and Sessions
Judge, Bagalkote in Savalagi P.S.Cr.No.77/2024
is set aside.
Appellant/accused No.3 is released on bail
in Crime No.77/2024 of Savalagi Police Station
on the file of the II Additional District and
Sessions Judge, Bagalkote for the offence
punishable under Sections 306 of IPC and
Section 3(2)(va) of the Scheduled Castes and
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Scheduled Tribe (Prevention of Atrocities) Act,
2015 subject to following:
CONDITIONS
a) The appellant/accused No.3 shall execute a
personal bond in a sum of Rs.50,000/- with
two sureties for the like-sum.
b) He shall make himself available for the
purpose of investigation as and when
required and he shall co-operate with the
investigation.
c) He shall furnish his residential address
proof and shall inform the investigating
officer/Court if there is any change in the
address.
d) He shall not threaten or tamper with the
prosecution witnesses either directly or
indirectly.
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e) He shall not indulge in any criminal
activities.
f) He shall be regular in attending the Court
proceedings.
Sd/-
(J.M.KHAZI)
JUDGE
MBS, CT: UMD
