Karnataka High Court
Bhimaraya @ Dongli Bhima S/O ... vs The State Of Karnataka And Anr on 1 September, 2021
Equivalent citations: AIRONLINE 2021 KAR 2865
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 1ST DAY OF SEPTEMBER, 2021
BEFORE
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL APPEAL NO.200157 OF 2021
BETWEEN:
BHIMARAYA @ DONGLI BHIMA
S/O. BHIMASHAPPA AMBIGERA
AGE: 35 YEARS,
OCC : AGRICULTURE
R/O. NEAR BURANSAB DARGA
KOLIWADA YADGIRI
TQ & DIST: YADGIRI.
... APPELLANT
(BY SRI. RAJESH DODDAMANI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
YADGIRI TOWN POLICE STATION
REPRESENTED BY ADDITIONAL
STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
KALABURAGI BENCH-585 102.
2. BHIMRAYA
S/O. S/O. NAGAPPA BENKANAL
AGE: 29 YEARS, OCC: BUSINESS,
R/O. KOLIWADA YADGIRI
TQ & DIST: YADGIRI.
... RESPONDENTS
(BY SRI. MALLIKARJUN SAHUKAR, HCGP)
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THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14-A(2)
OF CRIMINAL PROCEDURE CODE PRAYING TO SET ASIDE THE
ORDER DATED 29.06.2021 PASSED BY THE SESSIONS JUDGE,
YADGIRI IN CRL. MISC. NO.266/2021 AND CONSEQUENTLY
DIRECT THE RESPONDENT POLICE TO RELEASE THE
APPELLANT/ACCUSED NO.3 IN THE EVENT OF HIS ARREST IN
CRIME NO.44/2021 OF YADGIR TOWN POLICE STATION, FOR
OFFENCES PUNISHABLE UNDER SECTIONS 341, 323, 504, 506
READ WITH 34 OF IPC AND SECTIONS 3(1)(r) (s), 3(2)(v-a) OF
SC/ST (PA) ACT, 1989.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard the learned counsel for the appellant and the learned High Court Government Pleader for respondent- State and perused the material on record.
Respondent No.2 has been served, but unrepresented.
2. Appellant is arraigned as accused No.3 in Crime No.44/2021 of Yadgir Town Police Station, 3 registered for offences punishable under Sections 341, 323, 504, 506 read with 34 of IPC and Sections 3(1)(r), 3(1)(s) and Section 3(2)(v-a) of SC/ST (POA) Act, 1989 ('SC/ST Act' for short). On completion of investigation, charge sheet has been filed against Accused Nos.1 to 3.
3. Brief facts of the case are that, CW4 Ramanna was working as a Tractor Driver under Accused No.1. He left the job since accused No.1 was not paying him salary regularly. Thereafter he started working as a Hamali at Gunj, Yadgir. Accused No.1 was under the impression that the first informant Sri. Bhimaraya (CW1) was responsible for CW4 to quit the job. Hence, he was nurturing ill-will against CW1 and CW4. On 04.04.2021 at about 10.30 p.m., when CW1 was proceeding on his motor cycle near Sydapura Hotel, accused Nos.1 to 3 stopped him and picked up quarrel with him. Thereafter, CW1 went to his house. On 05.04.2021 at about 8.30 a.m., when CW1 and CW4 were proceeding to their house, accused Nos.1 to 3 wrongfully restrained them and abused them taking the 4 name of their caste as "lay vaddara soolemagane". Further, accused Nos.1 and 2 assaulted them by hands and accused No.3 kicked them. Thereafter they threatened them with dire consequences and went away.
4. It is the contention of the learned counsel for appellant that the entire allegations are false and appellant is falsely implicated, making reckless allegations. He contends that there is an inordinate delay in lodging the complaint. He submits that omnibus allegations are made against all the accused that they have abused the complainant in filthy language taking the name of caste. He contends that injury sustained by CW1 and CW4 are simple in nature. It is his further contention that the provisions of SC/ST (PA) Act are not attracted and therefore there is no bar for granting of anticipatory bail to the appellant.
5. Learned High Court Government Pleader has contended that the accused persons have abused CW1 and 5 CW4 insulting their caste as "vaddara soolemagane". Therefore, he contends that the provisions of SC/ST (PA) Act are applicable and therefore, the appellant is not entitled to the relief sought in the appeal. He submits that there are eye witnesses to the incident in question and therefore, the court below has rightly rejected the prayer of the appellant and accordingly seeks to reject the appeal.
6. The incident is alleged to have taken place on 05.04.2021 at about 8.30 p.m., complaint is lodged on 06.04.2021 at about 5.30 p.m., The motive is attributed against accused No.1.
7. It is alleged that all the accused picked up quarrel with CW1 and 4, abused them as "vaddara soolemagane" and assaulted with hands and kicked them. It is not specifically stated that this appellant abused either CW1 or CW4 taking the name of the caste. On the other hand, omnibus allegations are made. It is difficult to accept at this stage that all the accused used the same 6 word and together abused the victim as alleged by them. It is not the case of prosecution that on the ground that the victims belong to scheduled caste, the accused persons have picked up quarrel and abused them as alleged. The court below has failed to consider these aspects. At this stage, it cannot be said that a prima facie case has been made against the appellant. Appellants No.1 and 2 are already enlarged on bail. Investigation is completed and charge sheet has been filed. In that view of the matter, by imposing conditions, the relief sought by the appellant can be granted. Accordingly, the following :
ORDER Appeal is allowed.
Order dated 29.06.2021 passed by the Court of the Sessions Judge at Yadgiri in Crl.Misc. No.266/2021 is set aside. Appellant/accused No.3 shall be released in the event of his arrest in Crime No.44/2021 of Yadgir Town Police Station, pending on the file of the Court of Sessions 7 Judge, Yadgiri in Spl. C. No.38/2021, subject to following conditions :
(i) Appellant/Accused No.3 shall appear before the jurisdictional court within a period of ten days from the date of receipt of a copy of this order and shall execute a personal bond in a sum of `1,00,000/-
(Rupees One Lakh only) with a surety for likesum to the satisfaction of the learned Sessions judge.
(ii) He shall furnish proof of his residential address and ID proof and shall inform the court if there is change in the address.
(iii) He shall not tamper the prosecution witnesses/evidence either directly or indirectly.
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(iv) He shall not leave the jurisdiction of the trial court without prior permission of the learned Sessions Judge.
(v) He shall not involve in any criminal activities.
(vi) He shall appear before the trial court on every date of hearing without fail.
Sd/-
JUDGE snc