Karnataka High Court
Manjunath S/O Beerappa Deshabhandari vs The State Of Karnataka on 21 February, 2025
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2025:KHC-D:3568
CRL.A No. 100047 of 2025
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 21ST DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL APPEAL NO. 100047 OF 2025 (U/S 14 A(2) of SC and ST ACT)
BETWEEN:
MANJUNATH
S/O. BEERAPPA DESHABHANDARI
AGE. 35 YEARS, OCC. BUSINESSMAN,
R/O. NAVAGRAMMA, DIVAGI, KUMTA,
UTTARA KANNADA-581359.
...APPELLANT
(BY SMT. POOJA RAJSHEKAR SAVADATTI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
(KUMTA POLICE STATION),
R/BY THE STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, DHARWAD-580011.
2. SMT. SHOBHA PRABHAKAR MUKRI
AGE. 33 YEARS, OCC. HOUSEHOLD,
Digitally signed by B
K
MAHENDRAKUMAR
R/O. CHANDAVAR, TQ. HONNAVAR,
BK
MAHENDRAKUMAR
Location: HIGH
COURT OF
KARNATAKA
NOW AT DIVAGI, KUMTA,
DHARWAD BENCH
Date: 2025.02.22
11:47:46 +0530
UTTARA KANNADA-581359.
3. SMT. PUSHPA MANJUNATH MUKRI
AGE. 27 YEARS, OCC. HOUSEWIFE,
R/O. KELAGINAMANI, DIVAGI, KUMTA,
UTTARA KANNADA-581359.
...RESPONDENTS
(BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1;
NOTICE TO R2 AND R3 ARE SERVED)
THIS CRIMINAL APPEAL IS FILED U/S 14 A (2) OF SC AND ST
(POA) AMENDMENT ACT, 2015, SEEKING TO SET ASIDE THE
IMPUGNED ORDER IN CRL.MISC CASE NO.468/2024, DATED
08.01.2024, ON THE FILE OF II ADDL. DISTRICT AND SESSIONS
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NC: 2025:KHC-D:3568
CRL.A No. 100047 of 2025
JUDGE, UTTARA KANNADA, KARWAR AND CONSEQUENTLY
ALLOW THE BAIL APPLICATION FILED BY APPELLANT U/S 14 A (2)
OF SC AND ST (POA) AMENDMENT ACT, 2015, AND A DIRECTION
BE ISSUED TO THE KUMTA POLICE STATION TO ENLARGE THE
PRESENT APPELLANT ON BAIL, WHO IS ARRAYED AS ACCUSED
NO.1, ON BAIL IN THE EVENT OF THEIR ARREST IN CONNECTION
WITH KUMTA P.S. CRIME NO.244/2024, FOR THE OFFENCE
PUNISHABLE U/S 420 OF IPC AND U/S 3(2)(Va), 3(2)(Vii) OF SC/ST
(PREVENTION OF ATROCITIES) ACT.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
ORAL JUDGMENT
1. The appellant/Accused No.1, who is facing
investigation for offences punishable under Section 420 of the IPC
and Sections 3(2)(va) and 3(2)(vii) of the SC and ST (Prevention of
Atrocities) Act, has approached this Court seeking anticipatory bail.
2. The prosecution alleges that Accused No.1, fully aware
that the complainant's sister had received a compensation amount
of ₹1,50,000/- from the Social Welfare Department, colluded with
Accused No.2, who was working in the Social Welfare Department
in Kumta, and received a sum of ₹25,000/- via PhonePe and
₹38,823/- in cash, totaling ₹63,823/-. It is alleged that the accused
misrepresented that a portion of the compensation amount had to
be remitted to the government and issued false and fabricated
challans.
3. To substantiate the allegations, the complainant has
produced screenshots of the PhonePe transaction and remittance
NC: 2025:KHC-D:3568
challans. The accused has also provided receipts claiming that the
amount was remitted to the government.
4. Heard the learned counsel for the appellant and the
learned Additional Government Advocate for the respondent -
State.
5. Admittedly, there is no specific allegation against
Accused No.1 for offences punishable under the SC and ST
(Prevention of Atrocities) Act. The primary allegation is that
Accused No.1 induced the complainant to part with a portion of the
compensation amount under the pretext of remitting it to the
government. The appellant contends that the alleged payments
were made by the complainant's husband, who has not filed any
complaint.
6. In light of the circumstances, the appellant has
established a prima facie case for being granted bail in the event of
his arrest.
Accordingly, I pass the following:
ORDER
a) The appeal is allowed.
b) The impugned order dated 08.01.2025 passed by the II
Addl. District and Sessions Judge, Uttar Kannada, Karwar, in
Crl.M.No.468/2024 is hereby set aside. The Kumata Police Station
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is hereby directed to release the appellant on bail in the event of
his arrest in Crime No.244/2024, subject to following conditions:
i. Appellant/accused shall furnish indemnity bond for a
sum of Rs.1 lakh with one surety for the likesum to the
satisfaction of the jurisdictional Court.
ii. He shall appear before the Investigating officer within a
period of 15 days and execute bail bond and offer
surety.
iii. He shall make himself available for the purpose of
investigation as and when required and he shall co-
operate with the investigation.
iv. He shall furnish his residential address proof and shall
inform the investigating officer/Court if there is any
change in the address.
v. He shall mark his attendance at the jurisdictional Police
station once in 15 days till filing of the charge sheet.
vi. He shall not tamper with the prosecution witnesses
either directly or indirectly.
vii. He shall be regular in attending the court proceedings.
Sd/-
(HEMANT CHANDANGOUDAR)
JUDGE
TIN
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