Karnataka High Court
The State Of Karnataka vs Nagappa @ Nagaraja And Anr on 1 July, 2025
Author: V Srishananda
Bench: V Srishananda
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CRL.RP No. 200079 of 2021
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 01ST DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE V SRISHANANDA
CRIMINAL REVISION PETITION No.200079 OF 2021
(397(Cr.PC)/438(BNSS))
BETWEEN:
THE STATE OF KARNATAKA,
THROUGH DY.S.P,
LINGASUGUR POLICE SUB-DIVISION,
DIST. RAICHUR.
...PETITIONER
(BY SMT. ARATI PATIL ,HCGP)
AND:
1. NAGAPPA @ NAGARAJA S/O ERAPPA SARAWADA,
Digitally signed AGE:37 YEARS, OCC: TRAFFIC INSPECTOR,
by RENUKA KSRTC DEPOT, LINGASUGUR,
Location: HIGH R/O. S.K NAGAR, TALIKOTE,
COURT OF
KARNATAKA DIST. VIJAYAPUR.
2. RAGHAVENDRA S/O ERANNA BADIGER PATTAR,
AGE:MAJOR, OCC: ASST TRAFFIC INSPECTOR,
KSRTC DEPOT, LINGASUGUR,
R/O. JOGUNDABHAVI,
TQ. SURAPUR, DIST. YADGIRI-585237.
...RESPONDENTS
(BY SRI. SACHIN MAHAJAN, ADVOCATE)
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CRL.RP No. 200079 of 2021
HC-KAR
THIS CRL.RP IS FILED U/S 397 R/W 401 OF CR.P.C
PRAYING TO ALLOW THIS REVISION PETITION BY SETTING
ASIDE THE IMPUGNED JUDGMENT AND ORDER DATED
18.02.2021 PASSED BY THE SPECIAL COURT FOR ATROCITY
OFFENCES AND I ADDL. DIST.AND SESSIONS JUDGE, RAICHUR
DISTRICT, RAICHUR IN SPL.CASE (ATROCITY) No.251/2019.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE V SRISHANANDA
ORAL ORDER
(PER: HON'BLE MR. JUSTICE V SRISHANANDA)
Heard Smt.Arati Patil, learned High Court Government
Pleader for the revision petitioner and Sri Sachin Mahajan,
learned counsel for the respondents.
2. The present petition is filed by the State challenging the
order of discharge passed in Special Case (Atrocity)
No.251/2019 dated 18th February 2021 on the file of the I Addl.
District and Sessions Judge, Raichur.
3. Facts of the case in brief which are utmost necessary for
disposal of the present revision petition are as under:
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Smt.Amaramma, wife of deceased Topanna lodged a
complaint with Lingasguru Police which was registered in Crime
No.344/2018 for commission of the offences punishable under
Sections 504, 306 r/w 341 of the Indian Penal Code and
Sections 3(1)(r)(s) and 3(2)(v) of the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989.
4. Gist of the complaint averments reveal that husband of
the complainant committed suicide on account of the insult
caused to him in the public view.
5. After thorough investigation, police filed the charge sheet.
Accused entered appearance after obtaining the bail, filed an
application under Section 227 of the Code of Criminal
Procedure seeking for discharge from the matter.
6. The prosecution opposed the application by filing detailed
written objections.
7. After hearing the arguments of both sides and analysing
the materials placed on record by the prosecution, learned Trial
Judge allowed the discharge application, inter alia holding in
paragraph Nos.10 to 16 and 19, as under:
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"10. Bearing in mind above cardinal legal principles, this
court has to appreciate the above materials which placed
by the prosecution with support of above alligation. PM
report of deceased shows that learned doctor has opined
that death of Topanna was resulted due to respiratory
failure as a result of consumption of substance containing
as that of organo phosphorous compound based on the
hospital records and Topanna died in the hospital on
15.9.2018 while taking treatment for consumption of
poison. Other medical records show that deceased was
shifted to S. Nijalingappa medical college, Bagalkot on
3.9.2018 and he was also taken treatment at General
Hospital Lingasugur. Inquest panchanama, PM report and
statement of relatives of deceased Topanna prima facie
establish that Topanna died on 15.9.2018 while taking
treatment in the hospital and he was admitted to hospital
on 3.9.2018 for treatment with history of consumption of
poison. Thus, death of Topanna on the material date, time
and place as alleged by the prosecution abundantly
established.
11. It is the version of prosecution that due to alleged act
of these accused, Topanna consumed poison and died.
First informer/CW-1 Amaramma in her first information
statement which lodged on 16.9.2018 has stated that
both accused being superior officers of her husband in
Lingasugur KSRTC depot harassed her husband for 51
days demanding Rs.20,000 for retention of her husband
in Lingasugur KSRTC depot and they have abused and
insulted her husband with his caste as a bastard son of
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Lamani prostitute on 3.9.2018 at 1 a.m. in depot of
Lingasugur, as a result of which, her husband consumed
poison. She has specifically stated in her FIS to the effect
that " ಾಂಕ 3-9-2018 ರಂದು ಮ ಾಹ 1 ಗಂ ೆ ೆ ಾನು ಮ ೆಯ ಾಗ
ನನ ಗಂಡ ೋಪಣ ನು ಾ ಾನು ಬ! ೕದ "ೆಲಸ"ೆ%ಂದು
ಬಂ ದು& ಅವರು )ನ ೆ *ಂಧನೂ, ೆ ಾ-ನ.ಫ0 ಆ2 ೆ )ೕನು ಅ ೆ 3ೋಗು ಅಂತ
ಾಗ5ಾಜ ಮತು7 5ಾಷ9ೆಂದ- ಪ ಾ7ರ ಇಬ;ರು ಅ<"ಾ,ಗಳ> 3ೇ? ಾಗ ಾನು
@ಷವನು ಕು ರು ೆ7ೕ ೆ ಅಂತ A?*ದ ಕೂಡBೇ... ". It is important to
note that CW-1 in her FIS at preceding para added that
""ಾರಣ ನನ ಗಂಡ)ಂದ 5000 ರೂ. ಹಣ ಪCೆದು ಆತ) ೆ "ೆಲಸ "ೊಡ ೇ
ಇಂದು Dಾ ಾEೆ Dಾ ಅಂತ ಸ ಾFಸುತ7 )ೕನು ಲ ಾG ಸೂEೆ ಮಗ ೇ ಅಂತ
ಮತು7 )ೕನು ಹಣ "ೊಡ ದ&5ೆ 1 ವಸ )ನ 3ೆಂಡAಯನು ನಮ ೆ ಕ?ಸು "ೊಡು
ಅಂ ಾ ೌಜನIJ ಾ ದ&,ಂದ ". Thus, above first information
which made after lapse of nearly 12 days from the alleged
incident shows different version on the alleged act of
atrocity of these accused against her husband. CW-1 in
her further statement on 18.9.2018 has stated that on
3.9.2018 at 1 p.m. her son CW-2 Vinod Kumar informed
her that her husband, who telephoned to her elder
brother CW-4 Khemanna informed that her husband
consumed poison and thereafter she rushed to Lingasugur
government hospital etc. Thus, first informer has given
different version on receipt of Information from her
husband regarding alleged act of atrocity by these
accused.
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12. CW-2 Vinod Kumar has stated in his statement
recorded on 16.9.2018 that these accused had harassed
his father demanding Rs.20.000 for his retention at
Lingasugur KSRTC depot and on 3.9.2018 at 1 p.m. when
himself and his mother CW-1 had been in the house, his
father telephoned to his mother and told that he has been
transferred to Sindhanur depot, as a result of which, he
consumed poison. Again, CW-2 in his further statement
dated 18.9.2018 had stated that on 3.9.2018 at 1.30
p.m., his in-law CW-4 Khemappa told him that his father
telephoned to CW-4 and told that he had consumed
poison and he shared said fact with his mother.
13. CW-3 Pravin Kumar, who is another son of deceased
Topanna has given statement in the same line of CW-1
and 2. CW-1 to 3 in their statements and further
statements have not whispered the commission of alleged
act of atrocity by these accused against deceased
Topanna. CW-4 Khemanna had stated before IO in his
statement recorded on 16.9.2018 that he has been
working as driver cum conductor in KSRTC depot at
Lingasugur since 9 years and CW-3 telephoned at
afternoon of 3.9.2018 that his father consumed poison in
the depot. He had further stated that he learnt that
Topanna consumed poison at 11 a.m. on the same day
due to abuse of these accused with his caste. CW-4 in his
further statement on 18.9.2018 stated that deceased
telephoned him on 3.9.2018 at 1.30 p.m. and told him
that he consumed poison in depot and he has to look-
after his children and he shared said fact to CW-2. He has
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further stated regarding lodging of complaint by his sister
Amaramma. These witnesses CW-1 to 4 are not eye
witnesses to the alleged act of atrocity by these accused
against deceased Topanna. Besides, they have given
different versions on the receipt of alleged incident which
said to have taken place in the depot of accused.
14. CW-5 Lalappa, who is relative of deceased Topanna
had stated with IO that when he had been in his house at
Manchari Tanda on 3.9.2018 at 1.15 p.m. Topanna called
to his mobile and told him that he consumed poison as
these accused are not relieving him despite of transfer
and they abused him as a bastard son of Lamani
prostitute. CW-6 to 10, who are employees of Lingasugur
KSRTC depot have stated that on 3.9.2018 at 1 p.m.,
Topanna was quarrelling with officers, questioning his
transfer to another depot and they smelt poison smell
from the mouth of Topanna. These witnesses have not
whispered anything on the alleged act of atrocity by these
accused against deceased.
15. Thus, there is no iota of material against these
accused that these accused abused Topanna with his
caste by calling him as a bastard son of Lamani prostitute.
If at all, deceased was humiliated and insulted from the
alleged act of atrocity by these accused, either deceased
Topanna or his wife and children could have reported the
said act with the jurisdictional police immediately after
the alleged incident. As per observation of the doctor in
the medical records, deceased was oriented at the time of
admission to the hospital. Records produced by the
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prosecution show that deceased was irregular in discharge
of his duty and he was punished on several occasions
after disciplinary inquiry and he was also served articles
of charge for his unauthorized absence and misconduct
from 13.7.2018 to 27.7.2018 and he has been transferred
to Sindhanur depot through order dated 23.7.2018. He
was also ordered to relieve from his duty at Lingasugur
depot. CW-13, who is Depot Manager has reiterated the
above facts on the undeserved conduct of deceased.
Above employees of Lingasugur depot, who alleged to
have witnessed the act of accused have not whispered
anything on the alleged act of atrocity by these accused
against deceased. Thus, there are no materials to show
the overt positive act of these accused proximate to time
of occurrence which drove deceased to consume poison.
16. Our Hon'ble High Court in a decision reported in ILR
2016 KAR 1490 in case of Doddathayamma and another
Vs. State of Karnataka was pleased to hold that act of
abetment involves a mental process of instigating a
person or intentional aiding that person in doing of a thing
and more active role can be described as instigating or
aiding, doing of a thing is required before a person can be
said to be abetting commission of an offence U/Sec.306 of
IPC. In the case on hand, there are no material
whatsoever to show the active role of these accused that
they have intentionally instigated or abused deceased for
commission of act consumption of poison.
19. On careful examination of materials available on
record, though it is prima facie evident that death of
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Topanna was resulted on the above reason, but there are
no materials whatsoever to show that these accused
either abetted or instigated deceased Topanna to
consume poison. There is no material to show the mens-
rea or intentional alleged act of atrocity of these accused
to drive the deceased to commit suicide. Insofar as, act of
atrocity punishable under the above noted provision is
concerned, there is no material whatsoever on behalf of
the prosecution. Statements of CW-1 to 5 do not establish
that deceased was abused and insulted with his caste in
the public view by these accused. In so far as offence
U/Sec.504 of IPC is concerned, there is no material
whatsoever to frame charge against these accused. Thus,
the materials which placed by prosecution are insufficient
to presume commission of above offences alleged by the
prosecution. In the result, these accused deserve for
discharge from the present case. Accordingly, this point is
answered in affirmative."
8. The said Order is under challenge in this revision petition
on the following grounds:
"That, the impugned order of discharge passed by the
Court below is contrary to the facts, law and materials
on record and as such the same is liable to be set
aside.
That, the reasons assigned by the Court below while
allowing the application filed by the Accused U/Sec.227
of Cr.P.C and thereby discharging them for the alleged
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offences are illegal and erroneous and as such the
same is liable to be set aside.
The Court below has not properly appreciated the
materials placed by the prosecution.
Admittedly the trial has not been commenced and
looking to the sensibility of the offences rather looking
into technicality, the Court below ought to have
appreciated in the crucial manner. At the time of
framing charges the Court below ought not to have
allowed the application and ought not to have
discharged the accused/Respondents herein in this
peculiar circumstances.
It submitted that, fair chance could have been given to
the prosecution to prove its case instead of discharging
them of the alleged offences. The allegations against
the accused have to be proved only after a full-fledged
trial and not at the stage of framing charges.
Therefore, allowing the application and consequently
discharging the accused from the alleged offences has
caused substantial miscarriage of justice to the case of
prosecution as well as the complainant.
In the instant case, the accused fully knowingly that
the husband of complainant belongs to the SC
community has abused him as "Lamani Sule Magane
Ninu Hana Kodadiddare ondu divasa ninna
Hendatiyannu Namage Kalisi Kodu" but the Court below
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without appreciating the materials, has mechanically
passed an illegal order of discharge.
That, the Court below has allowed the application and
discharged the accused/Respondents herein only on the
ground that there is delay in filing the complaint. The
court below has ignored the guidelines issued by the
Hon'ble Apex court that mere delay in lodging the
complaint will not take away the entire prosecution
case. The court below has not appreciated the
materials placed on record that the deceased who is
the husband of the complainant was admitted in the
hospital and fighting for his survival and the
complainant in anticipation that he would survive has
attended his husband in giving treatment and
therefore, the delay has caused in filing the complaint.
Therefore the court below has erred in following the
guidelines issued by the Hon'ble Apex Court with
regard to the delay in filing of the complaint.
The Court below has failed to appreciate that the CW-6
to 10 are the eye witnesses and the deceased Topanna
who has suffered mental torture at the hands of
accused No.1 and 2 and accordingly has consumed
poison and committed suicide which has been clearly
stated by CW-6 to 10 before the Investigating Officer
but the learned Sessions Judge without appreciating
the same has blindly allowed the application and
discharged the accused/Respondents herein which is an
illegal order.
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It is also relevant to submit that, Doctor who has
conducted the Post Mortem examination on the body of
the deceased has specifically opined that the death was
due to poison and therefore at the stage of framing of
charge the court below ought not to have discharged
the accused/Respondents herein without giving any
opportunity to the prosecution to prove its case during
trial."
9. Smt. Arati Patil, learned High Court Government Pleader
reiterating the grounds urged in the revision petition contended
that the discussion made by the learned Trial Judge while
considering the discharge application is in the form of mini trial
which was not supposed to be carried out, resulting in
miscarriage of justice and sought for allowing the revision
petition.
10. Per contra, Sri Sachin Mahajan, learned counsel
appearing for the accused persons/respondents supports the
impugned Order by contending that at no stretch of imagination
any one of the ingredients of the alleged offences have been
established by the charge sheet materials which has been
rightly appreciated by the learned Trial Judge in allowing the
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application filed by the accused and sought for dismissal of the
revision petition.
11. Having heard the arguments of both sides, this Court
perused the material on record meticulously.
12. On such perusal of the material on record, the suicidal
death of the husband of the complainant is not in dispute.
13. But the material collected by the investigation agency in
the form of witnesses has been dealt in extenso by the learned
Trial Judge while passing the impugned Order.
14. No doubt the learned Trial Judge was not required to
bestow its attention to each and every aspect of the statements
of the witnesses by holding a mini trial.
15. Nevertheless, to ascertain whether any prima facie
materials are found against the accused persons so as to order
them to stand for the trial was the intention of the learned Trial
Judge while carrying out such an exercise of analysing the
statements made by each and every witness.
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16. Therefore, the procedure adopted by the learned Trial
Judge while disposing of the discharge application cannot be
faulted.
17. So also the result reached by the learned Trial Judge
cannot be faulted with the detailed discussion that has been
carried out.
18. Further, if any other further material is available or
collected by the Investigation Agency, it is always open for the
Agency to file supplementary/additional charge sheet inasmuch
as an order of discharge would not amount to an order of
acquittal.
19. Reserving such liberty for the prosecution, following order
is passed:
ORDER
Criminal Revision Petition is dismissed.
Sd/-
(V SRISHANANDA)
JUDGE
kcm
CT:PK
