Karnataka High Court
Devaraj And Ors vs The State Of Karnataka And Anr on 13 December, 2023
Author: K Natarajan
Bench: K Natarajan
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NC: 2023:KHC-K:9199
CRL.A No. 200328 of 2023
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 13TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE K NATARAJAN
CRIMINAL APPEAL NO. 200328 OF 2023 (U/S 14
(A))
BETWEEN:
1. DEVARAJ
S/O BASAPPA @ BASANNA BAGALWAD,
AGE: 22 YEARS,
OCC: AGRICULTURE,
R/O WARD NO. 26,
SUKALPET,
SINDHANUR TOWN,
DISTRICT: RAICHUR-584128.
Digitally
signed by
KHAJAAMEEN 2. SHIVARAJ @ SHIVAKUMAR
L MALAGHAN
S/O DURGAPPA,
Location: High
Court Of AGE: 18 YEARS,
Karnataka OCC: STUDENT,
R/O NEAR DURGAMMA TEMPLE,
SUKALPET,
SINDHANUR TOWN,
TALUKA: SINDHANUR,
DISTRICT: RAICHUR-584128.
3. MANJUNATHA
S/O BHIRAPPA,
AGE: 24 YEARS,
OCC: AGRICULTURE,
R/O WARD NO. 27,
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NC: 2023:KHC-K:9199
CRL.A No. 200328 of 2023
SUKALPET,
SINDHANUR TOWN,
TALUKA: SINDHANUR,
DISTRICT: RAICHUR-584128.
4. MUTHURAJ
S/O SHIVANNA @ SHIVAPPA,
AGE:17 YEARS,
OCC: STUDENT,
R/O WARD NO. 28,
SUKALPET, SINDHANUR,
TALUKA: SINDHANUR,
DISTRICT: RAICHUR-584128.
...APPELLANTS
(BY SRI. SHIVANAND V. PATTANASHETTI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THROUGH POLICE SINDHANUR
TOW POLICE STATION,
TALUKA: SINDHANUR,
DISTRICT: RAICHUR-584101,
REPTD. BY ADDL. SPP,
HIGH COURT OF KARNATAKA,
KALABURAGI BENCH-585102.
2. SUDHAKAR
S/O LANKEPPA,
AGE: 20 YEARS,
OCC: STUDENT,
R/O WARD NO. 26,
AMBEDKAR NAGAR,
SINDHANUR,
TALUKA: SINDHANUR,
DISTRICT: RAICHUR-584101.
...RESPONDENTS
(BY SRI. JAMADAR SHAHABUDDIN, HCGP FOR R1;
NOTICE TO R-2 SERVED)
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NC: 2023:KHC-K:9199
CRL.A No. 200328 of 2023
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14(A)
OF SC/ST (POA) ACT, PRAYING TO SET ASIDE THE IMPUGNED
ORDER DATED 07.11.2023 PASSED IN CRL.MISC.NO. 976/2023
BY I ADDL. DISTRICT AND SESSIONS JUDGE, RAICHUR,
PLEASED TO GRANT THE ANTICIPATORY BAIL TO THE
APPELLANTS/ ACCUSED NO.1 TO 4 AND DIRECT THE
SINDHANUR TOWN POLICE TO RELEASE THE APPELLANTS/
ACCUSED NO.1 TO 4 ON BAIL IN THE EVENT OF THEIR ARREST
IN SINDHANUR TOWN PS CRIME NO. 140/2023 FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 148, 323,
324, 354, 504, 506 R/W 149 OF IPC AND SECTIONS
3(1)(R)(S), 3(1)(W)(II), 3(2)(VA), 3(1)(E) OF SC/ST
PREVENTION OF ATROCITIES AMENDMENT ACT, 2015.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the appellant-accused Nos.1 to 4 under Section 14(A)(2) of SC/ST (Prevention of Atrocities) Act (hereinafter referred to as 'Special Act') for setting aside the order dated 07.11.2023 passed by the I Additional District and Sessions Judge, Raichur in Criminal Misc. No.976/2023 and to grant anticipatory bail.
2. Heard the learned counsel for the appellants and the learned High Court Government Pleader for respondent State. Respondent No.2 appeared in person before the Court and filed written objections.
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3. The case of prosecution is that on the complaint of respondent No.2 filed on 04.10.2023, the police registered FIR in Crime No.140/2023 for the offences punishable under Sections 143, 147, 148, 323, 324, 354, 504, 506 read with Section 149 of IPC and Sections 3(1)(r)(s), 3(1)(w)(ii), 3(2)(va), 3(1)(e) of the SC/ST (Prevention of Atrocities) Amendment Act, 2015. It is alleged by respondent No.2 that, on 03.10.2023, himself and his mother came to know that the appellants-accused Nos.1 to 4 and accused No.5 said to be made the father of the complainant to drink alcohol and playing cards, they asked him to dance in the half naked in the public road. After knowing the same, the complainant, his mother and his brothers, went to the spot questioning the same. The appellants also said to be abused them in filthy language in the public view and torn the cloth of his mother and outraged her modesty and asked her to dance half naked like her husband. When some two persons came for their rescue, the appellants also abused them in filthy language. After registering the FIR, the police are making hectic efforts to arrest the appellants. Therefore, they approached the Sessions Judge for bail, which came to be rejected. Hence, they are before this Court. -5-
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4. Learned counsel for the appellants has contended that the Section 3 of the Special Act is not attracted as omnibus allegations/general allegations are made against all the appellants. There is no specific allegation against any of the accused persons. Accused No.5 is already granted bail by the Sessions Judge. The bar under Section 18A of the Special Act is not attracted. Hence, prayed for granting the anticipatory bail to the appellants.
5. Per contra, learned High Court Government Pleader has seriously objected the appeal and contended that there is a bar under Section 18 and 18A of the Special Act to consider the case of the appellants-accused. Hence, prayed for dismissing the appeal.
6. Respondent No.2 has appeared before the Court and filed objections stating that the appellants are the influential persons and they have already threatened the respondent-No.2 and family members with dire consequences not to lodge any complaint against them. Hence, he has approached the Superintendent of Police and with the escort of the police, came -6- NC: 2023:KHC-K:9199 CRL.A No. 200328 of 2023 to the Court and filed this objections. Hence, prayed for rejecting the appeal.
7. Having heard the arguments of learned counsel for the parties, perused the records.
8. The records reveal that there is a common allegation against all the appellants for taking the name of the caste and abusing the complainant and his family members in filthy language. When the mother of the complainant went to rescue her injured husband i.e. the victim, the appellants said to be making fun of her husband and made him to fully drink and asked him to dance half naked in the public road. This appellants also said to be abused her by taking caste name and outraged the modesty of her by removing her cloth and asked her to dance half naked like her husband. Then the complainant rescued his mother. Two persons said to be Shravana Kumar and Manjunath came to their rescue, the appellants also said to be assaulted them and abused them in filthy language. They said to be assaulted the complainant, due to which he sustained the fracture of teeth. -7-
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9. On perusal of the complaint, the complaint is very serious in nature. The police are making investigation and they may require the appellants-accused for custodial interrogation. There is a bar under Section 18 and 18A of the Special Act for granting the anticipatory bail. There is a clear case that the appellants have committed the offence under the Special Act of outraging the modesty of the woman and asking her to dance half naked in the public by tearing her cloth. It is inhuman conduct by the appellants, which cannot be tolerated. The matter is under investigation. The appellants are said to be the influential persons and they are threatening the complainant and family members not to lodge any complaint. Considering the same, in my view, the appellants are not entitled for the grant of anticipatory bail.
10. However, appellant No.4-Muthuraj said to be a student, is aged about 17 years, as per the school certificate produced by the learned High Court Government Pleader which is collected by the investigation officer. Considering the same, I am of the view that the appellant No.4 is entitled for the anticipatory bail.
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11. Accordingly, I pass the following:
ORDER
(a) The appeal filed by appellant-accused Nos.1 to 3 is hereby dismissed. They shall surrender before the investigation officer and seek regular bail.
(b) The appeal filed by appellant-accused No.4 is hereby allowed.
The respondent - Police are directed to release the appellant-accused No.4 on bail in the event of his arrest in Crime No.140/2023 registered by Sindhanur Police Station, Raichur District, for the offences under Sections 143, 147, 148, 323, 324, 354, 504, 506 read with Section 149 of IPC and Sections 3(1)(r)(s), 3(1)(w)(ii), 3(2)(va), 3(1)(e) of the SC/ST (Prevention of Atrocities) Amendment Act, 2015, subject to the following conditions:
(i) Appellant No.4 shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Investigating Officer;-9-
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(ii) He shall surrender within 15 days from the date of receipt of certified copy of this order;
(iii) He shall not indulge in similar offences strictly;
(iv) He shall not directly or indirectly tamper with any of the prosecution witnesses;
(v) He shall appear before the Investigating Officer as and when called for the purpose of investigation.
(v) He shall be deemed to be in custody for the purpose of recovery under Section 27 of the Indian Evidence Act.
Sd/-
JUDGE CS CT:SI List No.: 1 Sl No.: 3