Karnataka High Court
M Shivanna S/O Late Karibasappa vs The State Of Karnataka on 6 July, 2023
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NC: 2023:KHC-D:6812
CRL.A No. 100238 of 2023
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 6TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE ANIL B KATTI
CRIMINAL APPEAL NO. 100238 OF 2023
BETWEEN:
M. SHIVANNA, S/O LATE KARIBASAPPA,
AGE. 39 YEARS, OCC. AGRICULTURIST,
R/O. KALAPUR VILLAGE, KOTTURU TALUK,
VIJAYANAGARA DISTRICT, PINCODE-583134.
...APPELLANT
(BY SRI. BASAVANA GOUD T, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
BY SUB-INSPECTOR OF POLICE,
KOTTURU POLICE STATION, KOTTURU,
VIJAYANAGARA DISTRICT,
Digitally
RPTD BY STATE PUBLIC PROSECUTOR,
signed by J
MAMATHA
HIGH COURT OF KARNATAKA
J
MAMATHA Date: DHARWAD-580011.
2023.07.10
18:28:55
+0530
2. HULUGAPPA S/O LATE RAMAPPA,
AGED 42 YEARS,
R/O. KALAPUR VILLAGE, KOTTURU TALUK,
VIJAYANAGAR DISTRICT,
PIN CODE-583134.
...RESPONDENTS
(BY SRI. PRAVEEN UPPAR, HCGP FOR R1
R2 SERVED)
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NC: 2023:KHC-D:6812
CRL.A No. 100238 of 2023
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14 A (2) OF
SC AND ST (POA) ACT, 1989 SEEKING TO GRANT AN ANTICIPATORY
BAIL TO THE APPELLANT WHO IS ACCUSED NO.19 IN SPL CASE
NO.225/2023 IN THE EVENT OF HIS ARREST, BY SETTING ASIDE
THE JUDGMENT AND ORDER DATED 20.04.2023, PASSED BY THE I
ADDITIONAL DISTRICT AND SESSIONS JUDGE, BALLARI IN CRL.
MISC. NO.260/2023, ONLY WITH RESPECT TO THE APPELLANT IS
CONCERNED FOR OFFENCES PUNISHABLE U/S 143, 147, 148, 149,
448, 324, 354, 427, 504, 506 OF IPC., AND UNDER SECTION 3(1)(r),
3(1)(s), 3(w)-(ii) 3(2)(v-a) OF THE SC AND ST (PREVENTION OF
ATROCITIES) ACT, 1989, IN CRIME NO. 10/2023 REGISTERED BY
THE KOTTURU POLICE STATION, (CHARGE SHEET NO.29/2023, SPL.
CASE NO.225/2023, PENDING ON THE FILE OF THE I ADDITIONAL
DISTRICT AND SESSIONS JUDGE BALLARI.
THIS CRIMINAL APPEAL, COMING ON FOR ORDERS, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Appellant/accused No.19 feeling aggrieved by rejection of Anticipatory Bail application filed under Section 438 of Cr.P.C. on the file I Addl. District and Sessions Judge, Ballari in Crl.Misc.No.260/2023, dated 20.4.2023, preferred this appeal.
2. Parties to the appeal are referred with their ranks as assigned in the trial Court for the sake of convenience.
3. The factual matrix leading to the case of prosecution can be stated in nutshell to the effect that on 28.1.2023 at 4.30 p.m. thousands of vehicle commuters staged a rally in their motorcycles, cars etc., with kesari colour flag embedded with the emblem of lord Shiva and were proceeding -3- NC: 2023:KHC-D:6812 CRL.A No. 100238 of 2023 towards Kottur town via Kalapur village cross. At that time, some miscreants from the said rally entered Kalapur village equipped with stones and clubs and started pelting stones and caused damage to houses and vehicles. On account of pelting stones, the daughter of complainant, who was sleeping in the house sustained injuries on her both knees. On these allegations made in the complaint, case was registered in Kottur police station crime No.10/2023 for the offences punishable under Sections 143, 147, 148, 149, 448, 324, 354, 427, 504, 506 of IPC and under Sections 3(1)(r), 3(1)(s), 3(w)(ii), 3(2)(v-a) of the SC and ST (Prevention of Atrocities) Amendment Act (for short the Act). On the aforementioned allegations made in the complaint, the investigating officer on completion of investigation filed charge sheet.
4. The appellant has approached the trial Court for grant of Anticipatory bail in Crl.Misc.No.26/2023 on the file of I Addl. District and Sessions Judge, Ballari. The trial Court by its order dated 20.4.2023 rejected the Anticipatory bail petition of the present appellant and granted bail to other petitioners. The same has been challenged by the appellant in the present appeal.
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5. Learned HCGP filed objections contending that there are sufficient material evidence against the appellant. The trial Court after recording the submission of the complainant and being unsatisfied with overt act of appellant/accused No.19 has rightly rejected the Anticipatory bail application of appellant. There is legal bar in terms of Section 18 of the Act to maintain Anticipatory bail petition filed in terms of Section 438 of Cr.P.C. Therefore, prayed for dismissal of the appeal.
6. Heard the arguments of both sides.
7. On perusal of complaint allegations and documents produced by learned counsel for appellant, it would go to show that on 28.1.2023 at 4.30 p.m. thousands of vehicle commuters staged a rally in their motorcycles, cars etc., with kesari colour flag embedded with the emblem of lord Shiva and were proceeding towards Kottur town via Kalapur village cross. The said group started pelting stones and caused damage to the vehicles and properties of villagers. Due to pelting of stones, daughter of complainant suffered injuries. When group of persons in rally started pelting stones, it is difficult to find out who has pelted stones on the sleeping daughter of -5- NC: 2023:KHC-D:6812 CRL.A No. 100238 of 2023 complainant, which caused injuries to both legs, further damage to the vehicle and door of the house of complainant. Therefore, the trial Court by relying on the judgment of Honb'le Apex Court in Prathvi Raj Chauhan V/s. Union of India and others, reported in (2020) 4 SCC 727 has held that in the absence of there being prima facie case, attracting penal action in terms of Section 3(2)(v-a) of the SC and ST Act held that bar contemplated under Section 18 of the Act will not come in the way of considering Anticipatory bail petition filed by the present appellant and others in Crl.Mis.No.260/2023. In fact, the question of Section 3(2)(v-a) of the SC and ST would come into play only when schedule offences are proved and the same has to be considered while imposing sentence. The trial Court on the basis of submission of complainant, who appeared in response to notice that he has personally seen the appellant/accused No.19 named M.Shivanna S/o Late Karibasappa has dropped big size stone on the leg of his daughter, damaged his auto rickshwa with stones and also broken the front door of their house with stones and on recording of such submission of the complainant, Anticipatory bail application of appellant came to be rejected. -6-
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8. On going through the material produced by appellant, further statement of complainant, wife of the complainant and injured daughter, it would go to show that they have generally stated, due to pelting of stones, the daughter of complainant sustained injuries, so also the vehicle and door of the house was damaged. Similarly 164 of Cr.P.C statement of victim and sister of complainant is also on the same line and they have never stated in their statement that appellant/accused No.19 has dropped big size stone on the leg of the daughter of complainant, due to which she sustained injuries. There is no any material evidence to substantiate the statement of injured complainant recorded by the trial Court as observed in paragraph of 4 of it's order. Indisputably, FIR is registered against unknown persons. Whether appellant/accused No.19 is one amongst group members, who pelted stones and caused damage to door of the house and vehicle of the complainant, so also caused injuries to daughter of the complainant, is a matter of trial. The apprehension of the learned HCGP can be met by imposing proper conditions. Consequently, proceed to pass the following: -7-
NC: 2023:KHC-D:6812 CRL.A No. 100238 of 2023 ORDER Appeal filed by appellant/accused No.19 is hereby allowed.
The order of the trial Court on the file I Addl. District and Sessions Judge, Ballari in Crl.Misc.No.260/2023, dated 20.4.2023, rejecting the Anticipatory bail petition of appellant/accused No.19 is hereby set aside.
The appellant/accused No.19 in the event of his arrest, is directed to be released on bail, on executing personal bond for a sum of Rs.1,00,000/- with one surety for like-sum amount subject to following conditions:
i) Appellant/accused No.19 shall appear before the trial Court on every date of hearing, unless otherwise exempted by the Court for valid reasons.
ii) Appellant/accused No.19 shall not leave the jurisdiction of the trial Court without prior permission of trial Court.
iii) Appellant/accused No.19 shall produce address proof document of himself and that of his surety.-8-
NC: 2023:KHC-D:6812 CRL.A No. 100238 of 2023
iv) Appellant/accused No.19 shall appear before the investigating officer, if called for the propose of investigation.
(Sd/-) JUDGE VB List No.: 1 Sl No.: 7