Karnataka High Court
Sri K C Chikkaramaiah vs State By Tarikere Police on 23 February, 2023
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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CRL.A No. 2050 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL NO. 2050 OF 2022
BETWEEN:
1. SRI. K.C CHIKKARAMAIAH,
S/O. LATE CHIKKATHAMMEGOWDA,
AGED ABOUT 76 YEARS,
2. SRI. RAVISHANKAR,
S/O. K.C CHIKKARAMAIAH,
AGED ABOUT 52 YEARS,
3. SRI. JAYAPRAKASH @ PRAKASH,
K.C CHIKKARAMAIAH,
AGED ABOUT 43 YEARS.
PETITIONER NO. 1 TO 3 RESIDENT OF
KHB NO. 88/A, NEAR UPPER HUTHA,
Digitally signed GOLDEN JUBILEE COLONY,
by SANDHYA S BHADRAVATHI,
Location: HIGH SHIVAMOGGA DISTRICT - 577 301.
COURT OF
KARNATAKA
...APPELLANTS
(BY SRI. K.R SUBHASH, ADVOCATE)
AND:
1. STATE BY TARIKERE POLICE,
CHIKKAMAGALURU DISTRICT,
REPRESENTED BY SPP,
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CRL.A No. 2050 of 2022
HIGH COURT OF KARNATAKA,
BENGALURU - 560 001.
2. SRI. RAMU,
S/O. LATE HANUMANTHAIAH,
M.C HALLI,
TARIKERE TALUK,
CHIKKAMAGALURU DISTRICT - 577 228.
...RESPONDENTS
(BY SRI. S. VISWA MURTHY, HCGP FOR R1;
R2 IS SERVED AND UNREPRESENTED)
THIS CRL.A IS FILED U/S.14(A)(2) OF SC/ST (POA) ACT
PRAYING TO SET ASIDE THE ORDER DATED 03.09.2021 IN
CRIMINAL MISC.NO.569/2021 AND MAY BE PLEASED TO
DIRECT THE RESPONDENT NO.2 POLICE TO ENLARGE THE
APPELLANTS ON BAIL IN SPL.CASE NO.157/2021
(CR.NO.113/2021) FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 324, 323, 352, 504, 506, 34 OF IPC AND
SEC.3(1)(r),3(1)(s),3(2),(5a) OF SC/ST (POA) ACT PENDING
ON THE FILE OF THE I ADDL.DISTRICT AND SESSIONS JUDGE
AT CHIKKAMAGALURU.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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CRL.A No. 2050 of 2022
JUDGMENT
1. The accused No.1 to 3 have filed this appeal praying to set aside the Order dated 03.09.2021 passed in Crl.Misc. No.569/2021 by learned I Addl. Sessions and Spl. Judge, Chikkamagaluru, wherein anticipatory bail petition filed by the appellants in respect of Crime No.113/2021 of Tarikere Town Police Station registered for the offences punishable under Sections 324, 323, 352, 504, 506 read with Section 34 of IPC and Section 3(1)(r), 3(1)(s), 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, came to be rejected.
2. Heard learned counsel for the appellants and learned HCGP for respondent No.1. In spite of service of notice, respondent No.2 has remained absent and unrepresented.
3. The case of the prosecution is that on 10.05.2021, at about 10.00 a.m. when respondent - complainant was working in a land bearing Sy. No.1 of M.C. Halli, the accused persons who are adjacent land owners suddenly trespassed into his land, abused him in filthy language by taking name of his caste -4- CRL.A No. 2050 of 2022 and assaulted him with a club on his back and thigh. When the complainant questioned their act, the accused persons told that the said land belongs to them. When the complainant told that the said land belongs to him, the accused persons assaulted the complainant by hands on his cheek and back. Then the accused persons gagged cloth into the mouth of the complainant by saying if he is left alive, it would be problem to them and left their dog and there is a dog bite on the left hand and left leg of the complainant.
4. The said complaint came to be registered in Tarikere Town Police Station Crime No. 113/2021 against these appellants - accused Nos.1 to 3 for offence under Sections 324, 323, 352, 504, 506 read with Section 34 of IPC and Section 3(1)(r), 3(1)(s), 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
5. The police after completing the investigation filed the charge-sheet against these appellants - accused No.1 to 3 for offences under Sections 447, 323, 324, 504, 506, 34 of IPC read with Section 3(1)(r), 3(1)(s), 3(2)(va) of Scheduled -5- CRL.A No. 2050 of 2022 Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
6. The appellants / accused No.1 to 3, apprehending their arrest, filed Crl.Misc. No.569/2021 seeking anticipatory bail and the same came to be rejected by I Addl. Sessions and Spl. Judge, Chikkamagaluru by Order dated 03.09.2021. The said Order is challenged in this appeal.
7. Learned counsel for the appellants would contend that a false complaint came to be lodged against the appellants as there is a civil dispute pending in O.S. No.107/2018, filed by wife of accused No.1, and accused No.2 against elder sister of respondent No.2 and elder sister's son of respondent No.2. He contends that the averments of the complaint do not reveal presence of any other third party on the spot at the time of incident and therefore offence under Section Section 3(1)(r), 3(1)(s), 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, is not attracted. As the charge- sheet is filed, the appellants are not required for custodial interrogation. The offences alleged against the appellants are not punishable with death or imprisonment for life. With this, -6- CRL.A No. 2050 of 2022 he prayed to allow the appeal and grant anticipatory bail to the appellants.
8. Per contra, learned High Court Government Pleader would contend that charge-sheet came to be filed on 11.08.2021 and these appellants were shown as absconding in the charge- sheet. The Trial Court issued non bailable warrant against them and therefore they are not entitled for anticipatory bail. There is a prima facie case against the appellants for the offences alleged against them. There is a bar under Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Considering all these aspects, learned I Addl. Sessions and Spl. Judge, Chikkamagaluru, has passed the impugned order which does not call for any interference. With this, he prayed to dismiss the appeal.
9. Having heard learned counsel for the appellants and learned HCGP, this Court has gone through the impugned order, FIR, complaint and charge-sheet reports. The copy of the plaint of O.S. No.107/2018 produced by the learned counsel for the appellants reveal that a civil dispute is pending between the family members of the accused and sister and -7- CRL.A No. 2050 of 2022 sister's son of respondent No.2 in respect of a landed property bearing old Survey No.1 and new Survey No.72 of M.C. Halli village. The said disputed land in the suit is situated adjacent to the land of these appellants.
10. As per the averments of the complaint, all the accused Nos.1 to 3 who are appellants herein trespassed into the land of the complainant and abused him by taking his caste name and assaulted him and left their dog to bite him and it bit him.
11. The allegation of abusing the complainant taking his caste name using filthy language is an omnibus allegation. There is no specific allegation against each of the appellants / accused Nos. 1 to 3. At this stage it cannot be said that all the accused persons used the same words at the same time. The very aspects show that there is no prima facie case against each of the appellants for the offence under Section 3(1)(r), 3(1)(s), 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
12. In the facts and circumstances of the case, the appellants have made out grounds for setting aside the impugned order -8- CRL.A No. 2050 of 2022 and granting anticipatory bail to them with conditions. Hence, I proceed to pass the following:
ORDER The appeal is allowed.
The impugned Order dated 03.09.2021 passed in Crl. Misc. No.569/2021 by I Addl. Sessions and Spl. Judge, Chikkamagaluru, is set aside. Consequently, the petition filed by the appellants / accused under Section 438 Cr.P.C. stands allowed and they are ordered to be released on bail in the event of their arrest in Spl. Case No.157/2021 (Crime No. 113/2021) before the Trial Court, subject to the following conditions:
(i) The appellants / accused Nos.1 to 3 shall execute a personal bond for Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court.
(ii) The appellants / accused Nos.1 to 3 shall voluntarily appear before the Trial Court within 15 -9- CRL.A No. 2050 of 2022 days from this day and execute bail bond and furnish surety.
(iii) The appellants / accused Nos.1 to 3 shall not tamper the prosecution witnesses.
(iv) The appellants / accused Nos.1 to 3 shall appear before the Trial Court on all dates of hearing and co-operate in speedy disposal of the case.
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JUDGE sac*