Karnataka High Court
Basappa vs The State Of Karnataka And Anr on 23 January, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2025:KHC-K:432
CRL.A No. 200349 of 2024
C/W CRL.A No. 200350 of 2024
CRL.A No. 200352 of 2024
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 23RD DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL APPEAL NO.200349 OF 2024 (U/S 14 (A)(2))
C/W
CRIMINAL APPEAL NO.200350 OF 2024 (U/S 14 (A)(2))
CRIMINAL APPEAL NO.200352 OF 2024 (U/S 14 (A)(2))
IN CRL.A.NO.200349/2024:
BETWEEN:
MAYAPPA S/O KENCHAPPA HOSATTI,
AGE: 68 YEARS, OCC: AGRICULTURE,
R/O. PADAGANUR TQ. DEVARA HIPPARAGI,
DIST. VIJAYAPUR-586101.
...APPELLANT
Digitally signed (BY SRI SHIVANAND V. PATTANASHETTI, ADVOCATE)
by SHILPA R
TENIHALLI AND:
Location: HIGH
COURT OF 1. THE STATE OF KARNATAKA THROUGH
KARNATAKA R/BY ADDL. SPP KALABURAGI BENCH,
(THROUGH PSI, DEVARA HIPPAGARI
POLICE STATION, DIST VIJAYAPURA-586101).
2. ASHOK S/O SIDDAPPA KHADRI,
AGED ABOUT 41 YEARS, OCC: PRIVATE DIRVER,
R/O. PADAGANUR TQ. DEVARA HIPPARAGI,
DIST. VIJAYAPURA-586101.
...RESPONDENTS
(BY SMT. MAYA T.R., HCGP FOR R1
SRI D.P. AMBEKAR, ADVOCATE FOR R2)
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CRL.A No. 200349 of 2024
C/W CRL.A No. 200350 of 2024
CRL.A No. 200352 of 2024
THIS CRL.A IS FILED U/SEC. 14 (A) (2) SC/ST (POA)
ACT, PRAYING TO, I) THAT, THE HON'BLE COURT MAY BE
PLEASED TO SET ASIDE THE IMPUGNED ORDER DATED 20-12-
2024 PASSED IN CRL.MISC NO. 1798/2024 BY II ADDITIONAL
DISTRICT AND SESSIONS AND SPECIAL JUDGE, VIJAYAPURA.
II) THAT, FOR THE REASONS ABOVE AMONGST OTHERS, IT IS
HUMBLY PRAYED THAT, THE HON'BLE COURT BE PLEASED TO
GRANT THE ANTICIPATORY BAIL TO THE APPELLANT/ACCUSED
NO.2 AND DIRECT THE DEVARA HIPPARAGI POLICE TO
RELEASE THE APPELLANT/ACCUSED NO.2 ON BAIL IN THE
EVENT OF HIS ARREST IN DEVARA HIPPARAGI PS CRIME
NO.132/2024 PENDING ON THE FILE OF II ADDITIONAL
DISTRICT AND SESSIONS JUDGE SPECIAL JUDGE, VIJAYAPURA
FOR THE OFFENCES PUNISHABLE U/SEC. 118-(2), 133, 109,
352, 351 3(5) OF BNS ACT 2023 AND SEC. 3(1)(r), 3(1)(s),
3(2)(Va) OF SC/ST PA ACT, 2015.
IN CRL.A.NO.200350/2024:
BETWEEN:
BASAPPA S/O MAYAPPA HOSATTI,
AGE: 40 YEARS, OCC: AGRICULTURE,
R/O. PADAGANUR, TQ. DEVARA HIPPARAGI,
DIST. VIJAYAPUR- 586101.
...APPELLANT
(BY SRI SHIVANAND V. PATTANASHETTI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA THROUGH
R/ BY ADDL. SPP KALABURAGI BENCH,
(THROUGH PSI, DEVARA HIPPAGARI
POLICE STATION, DIST VIJAYAPURA 586101)
2. ASHOK S/O SIDDAPPA KHADRI,
AGED ABOUT 41 YEARS, OCC: PRIVATE DRIVER,
R/O. PADAGANUR TQ. DEVARA HIPPARAGI,
DIST VIJAYAPURA 586101)
...RESPONDENTS
(BY SMT. MAYA T.R., HCGP FOR R1
SRI D.P. AMBEKAR, ADVOCATE FOR R2)
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CRL.A No. 200349 of 2024
C/W CRL.A No. 200350 of 2024
CRL.A No. 200352 of 2024
THIS CRL.A IS FILED U/SEC. 14-A (2) OF SC/ST (POA)
ACT, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED
20.12.2024 PASSED IN CRL.MISC.NO.1858/2024 BY II
ADDITIONAL DISTRICT AND SESSIONS AND SPECIAL JUDGE,
VIJAYAPURA. II) THAT FOR THE REASONS STATED ABOVE IT IS
HUMBLY PRAYED THAT THE HON'BLE COURT BE PLEASED TO
GRANT THE REGULAR BAIL TO THE APPELLANT / ACCUSED
NO.1 IN DEVARA HIPPARAGI PS CRIME NO.132/2024 PENDING
ON THE FILE OF II ADDITIONAL DISTRICT AND SESSIONS AND
SPECIAL JUDGE, VIJAYAPURA FOR THE OFFENCE PUNISHABLE
U/SECS. 118(2), 133, 109, 352, 351, 3(5) OF BNS ACT 2023
AND SEC. 3(1)(r), 3(1)(s), 3(2) (Va) OF SC/ST PA ACT 2015.
IN CRL.A.NO.200352/2024:
BETWEEN:
AKASH @ YALLAPPA
S/O SHARANABASU @ BOLU RATTAL
AGE: 17 YEARS, OCC: STUDENT,
R/O. PADAGANUR TQ. DEVARA HIPPARAGI,
DIST.VIJAYAPUR
REPRESENTED BY GUARDIAN (FATHER) OF THE
PETITIONER SHARANABASU @ BOLU
S/O MAYAPPA RATTAL,
R/O. PADAGANUR, TQ. DEVARA HIPPARAGI,
DIST. VIJAYAPUR-586101.
...APPELLANT
(BY SRI SHIVANAND V. PATTANASHETTI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA THROUGH
R/BY ADDL. SPP KALABURAGI BENCH
(THROUGH PSI, DEVARA HIPPARAGI
POLICE STATION DIST. VIJAYAPURA 586101)
2. ASHOK S/O SIDDAPPA KHADRI,
AGED ABOUT 41 YEARS, OCC: PRIVATE DRIVER,
R/O. PADAGANUR TQ. DEVARA HIPPAGARI,
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CRL.A No. 200349 of 2024
C/W CRL.A No. 200350 of 2024
CRL.A No. 200352 of 2024
DIST. VIJAYAPURA-586101.
...RESPONDENTS
(BY SMT. MAYA T.R., HCGP FOR R1
SRI D.P. AMBEKAR, ADVOCATE FOR R2)
THIS CRL.A IS FILED U/SEC. 14(A)(2) OF SC/ST (PA)
ACT, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED
20.12.2024 PASSED IN CRL.MISC.NO.1801/2024 BY II
ADDITIONAL DISTRICT AND SESSIONS AND SPECIAL JUDGE,
VIJAYAPURA. II) THAT, FOR THE REASONS STATED ABOVE
AMONGST OTHERS, IT IS HUMBLY PRAYED THAT, THE HON'BLE
COURT BE PLEASED TO GRANT THE ANTICIPATORY BAIL TO
THE APPELLANT/ ACCUSED NO.3 AND DIRECT THE DEVARA
HIPPARAGI POLICE TO RELEASE THE APPELLANT/ ACCUSED
NO.3 ON BAIL IN THE EVENT OF HIS ARREST IN DEVARA
HIPPARAGI PS CRIME NO.132/2024 PENDING ON THE FILE OF
II ADDITIONAL DISTRICT AND SESSIONS AND SPECIAL
JUDGE, VIJAYAPURA FOR THE OFFENCES PUNISHABLE U/SECS.
118-(1), 133, 109, 352, 351(2), 3(5) OF BNS ACT, 2023, SEC.
3(1)(r), 3(1)(s), 3(2), (va) OF SC/ST PA ACT, 2015.
THESE APPEALS COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
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CRL.A No. 200349 of 2024
C/W CRL.A No. 200350 of 2024
CRL.A No. 200352 of 2024
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)
Accused Nos.1 to 3 in Crime No.132/2024 registered
by Devara Hipparagi Police Station, Vijayapur for the
offences punishable under Sections 118(2), 133, 109, 352,
351, 3(5) of BNS, 2023 and Sections 3(1)(r), 3(1)(s) and
3(2)(va) of Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Amendment Act, 2015 (for short
'the Act of 2015'), are before this Court in these three
appeals filed under Section 14-A(2) of the Act of 2015,
assailing the order dated 20.12.2024 passed in
Crl.Misc.No.1858/2024, Crl.Misc.No.1798/2024 and
Crl.Misc.No.1801/2024 by the Court of II Additional
District and Sessions Judge and Special Judge, Vijayapur.
2. Heard learned counsel for the parties.
3. FIR in Crime No.132/2024 was registered by
Devara Hipparagi Police Station, Vijayapur for the
aforesaid offences as against the appellants herein on the
basis of the first information dated 25.11.2024 received
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from respondent No.2 herein, who is the father of the
injured Kiran, aged about 16 years. In the said case,
accused No.1 was arrested on 06.12.2024. The bail
application filed by him before the jurisdictional Sessions
Court in Crl.Misc.No.1858/2024 was rejected on
20.12.2024. Therefore, he is before this Court in Criminal
Appeal No.200350/2024. Apprehending their arrest in the
said case, accused Nos.2 and 3 had filed
Crl.Misc.Nos.1798/2024 and Crl.Misc.No.1801/2024 before
the Court of II Additional District and Sessions Judge and
Special Judge, Vijayapur and the said petitions were also
dismissed on 20.12.2024. Therefore, accused No.2 is
before this Court in Criminal Appeal No.200349/2024 and
accused No.3 is before this Court in Criminal Appeal
No.200352/2024.
4. Learned counsel for the appellants having
reiterated the grounds urged in the appeal memorandum
submits that the allegation of assaulting injured Kiran on
his head with an iron rod is only as against accused No.1,
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who is already arrested. Accused Nos.2 and 3 have
allegedly assaulted injured Kiran and Premkumar with
chappal and stones. The injured persons have not
suffered any grievous injuries in the incident in question.
He submits that omnibus allegations are made against all
the accused with regard to abusing the victim referring to
their caste and no specific allegation is made as against
any one of the accused and therefore, the bar under
Section 18 of the Act of 2015 cannot be made applicable.
He submits that appellants do not have any criminal
antecedents and accused No.3 is a student, aged about 17
years. He submits that appellants are ready and willing to
cooperate with the police for the purpose of investigation.
Accordingly, he prays to allow the appeals.
5. Per contra, learned High Court Government
Pleader appearing for respondent No.1 and learned
counsel appearing for respondent No.2 have opposed the
prayer made in the appeals. They submit that in view of
the bar under Section 18 of the Act of 20158, the prayer
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made by accused Nos.2 and 3 for grant of anticipatory bail
cannot be entertained. They also submit that the
appellants have not made both the victims as party to the
appeals as required under Section 15 of the Act of 2015.
They further submit that the injured Kiran has suffered
grievous injury on his head and accordingly, they pray to
dismiss the appeals.
6. Perusal of the FIR would go to show that the
first informant is the father of the victim Kiran, who is a
student, aged abut 16 years. The other victim Premkumar
is said to be a friend of said Kiran. In the first information,
nowhere it is stated that Premkumar also belongs to
Scheduled Caste or Scheduled Tribe community. Though
learned counsel for respondent No.2 has filed statement of
objection opposing the prayer made in the appeals, even
in the statement of objection, it is not contended that
victim Premkumar also belongs to Scheduled Caste or
Scheduled Tribe community and therefore, injured
Premkumar cannot be considered as a victim within the
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meaning of Section 2(1)(ec) of the Act of 2015, which
reads as follows:
"2(1)(ec) - "victim" means any individual
who falls within the definition of the "Scheduled
Castes and Scheduled Tribes" under clause (c) of
sub-section (1) of section 2, and who has
suffered or experienced physical, mental,
psychological, emotional or monetary harm or
harm to his property as a result of the
commission of any offence under this Act and
includes his relatives, legal guardian and legal
heirs;"
7. In the first information submitted by the father
of the victim Kiran, it is stated that Kiran was being teased
by his friend accused No.3 referring to his caste and on
24.11.2024 when Kiran had gone to bring milk from the
milk store near the bus-stand in their village, accused
No.3 allegedly informed him that accused Nos.1 and 2 had
summoned Kiran. Accordingly, Kiran had accompanied
accused No.3 - Akash to the place where accused Nos.1
and 2 were sitting. Accused Nos.1 and 2 allegedly abused
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Kiran referring to his caste after seeing him and accused
No.1 thereafter allegedly assaulted Kiran with an iron rod
on his head and caused blood oozing injury. When
Premkumar tried to interfere, accused No.1 assaulted him
on his leg with an iron road. Accused No.2, who is the
father of accused No.1 allegedly assaulted Kiran on his
back with his chappal and accused No.3 assaulted Kiran
with a stone. Thereafter, all the accused persons allegedly
abused Kiran and others, who had gathered there to pacify
the fight, referring to their caste and went away from the
spot. Accused No.1 is said to be the maternal uncle of
accused No.3 and accused No.2 is the father of accused
No.1. The allegation of assaulting Kiran with an iron road
on his head is only as against accused No.1, who is in
custody. Accused No.1 is arrested on 06.12.2024 and is in
custody for the last more than one month. Undisputedly,
he has no other criminal antecedents. Accused Nos.2 and
3 allegedly had assaulted Kiran with chappal and stones
respectively. Even as per the FIR, blood oozing injury was
caused to Kiran only as a result of assault made by
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accused No.1. In the FIR registered on the basis of the
first information submitted by respondent No.2, only
offence punishable under Section 118(1) of BNS, 2023 is
invoked and the offence punishable under Section 118(2)
of BNS, 2023, which is corresponding to Section 326 of
IPC is not invoked. Therefore, it is apparent that the
injured have suffered only simple injuries in the incident in
question.
8. Learned High Court Government Pleader has
submitted that injured Premkumar has suffered only
simple injuries in the incident in question. The photograph
of injured Kiran produced by learned counsel for
respondent No.2 along with his statement of objection
would also prima facie go to show that he has suffered
only simple injury on his head. Even otherwise, accused
No.1 who has caused the said injury is in custody for the
last more than one month. Perusal of the first information
would go to show that there is no specific allegation as
against any one of the accused about they abusing the
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victim Kiran or the other persons belonging to the said
community who had gathered to pacify the fight by
referring to their caste. Therefore, I am of the opinion
that the bar under Section 18 of the Act of 2015 cannot be
strictly made applicable in the present case for considering
the anticipatory bail application of accused Nos.2 and 3.
Accused No.2 is aged about 68 years and he is said to be
the father of accused No.1 and grandfather of accused
No.3. Accused No.3 is a student, aged about 17 years.
Under the circumstances, I am of the opinion that the
prayer made by the appellants/accused Nos.1 to 3 in these
three appeals needs to be granted. Accordingly, following
order is passed:
ORDER
The appeals are allowed.
The impugned orders passed by the Court of II
Additional District and Sessions Judge and Special Judge,
Vijayapur dated 20.12.2024 in Crl.Misc.No.1858/2024,
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Crl.Misc.Nos.1798/2024 and Crl.Misc.No.1801/2024 is set
aside.
The appellant/accused No.1 is directed to be
enlarged on bail in Crime No.132/2024 of Devara
Hipparagi Police Station, Vijayapur, registered for the
offences punishable under Sections 118(2), 133, 109, 352,
351, 3(5) of BNS, 2023 and Sections 3(1)(r), 3(1)(s) and
3(2)(va) of Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Amendment Act, 2015, pending
before the Court of II Additional District and Sessions
Judge and Special Judge, Vijayapur, subject to the
following conditions:
a) Appellant shall execute personal bond for a sum
of Rs.1,00,000/- with two sureties for the
likesum, to the satisfaction of the jurisdictional
Court.
b) Appellant shall appear regularly on all the dates
of hearing before the Trial Court unless the Trial
Court exempts her appearance for valid reasons.
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c) Appellant shall not directly or indirectly threaten
or tamper with the prosecution witnesses.
d) Appellant shall not involve in similar offences in
future.
The respondent - Police or any other police in the
State of Karnataka are directed to release the
appellants/accused Nos.2 and 3 in the event of their
arrest in Crime No.132/2024 registered by Devara
Hipparagi Police Station, Vijayapur, for the offences
punishable under Sections 118(2), 133, 109, 352, 351,
3(5) of BNS, 2023 and Sections 3(1)(r), 3(1)(s) and
3(2)(va) of Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Amendment Act, 2015, pending
before the Court of II Additional District and Sessions
Judge and Special Judge, Vijayapur, subject to the
following conditions:
1. Appellants shall appear before the
Investigating Officer within 15 days from the
date of receipt of certified copy of this order and
shall execute a personal bond for a sum of
Rs.50,000/- each with two sureties for the
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likesum to the satisfaction of the investigating
officer.
2. Appellants shall regularly appear before the
Trial Court without fail unless exempted by the
Trial Court for valid reasons.
3. Appellants shall not tamper with the
prosecution witnesses and they shall co-operate
with the police for investigation and appear
before them whenever called upon.
4. Appellants shall not involve in similar
offences in future.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
SRT
CT:PK
