Karnataka High Court
Kupendra vs The State Of Karnataka And Anr on 9 October, 2023
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NC: 2023:KHC-K:8069
CRL.A No. 200279 of 2023
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 9TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
CRIMINAL APPEAL NO.200279 OF 2023
BETWEEN:
KUPENDRA
S/O ERAPPA BADIGER
AGED 27 YEARS
OCCUPATION: AGRICULTURE
R/O RANJANAGI, TALUK: JEWARGI
DISTRICT: KALABURAGI.
...APPELLANT
(BY SRI ARUN CHOUDAPURKAR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THROUGH NELOGI POLICE STATION
TALUK JEWARGI
Digitally signed REPRESENTED BY ADDL. S.P.P.
by SHILPA R
TENIHALLI HIGH COURT OF KARNATAKA
Location: HIGH KALABURAGI BENCH-585 107.
COURT OF
KARNATAKA 2. BHAVANISINGH
S/O DENU PAWAR
AGED 65 YEARS
OCCUPATION: AGRICULTURE
R/O RANJANAGI, TALUK: JEWARGI
DISTRICT: KALABURAGI.
...RESPONDENTS
(BY SRI J. SHAHABUDDIN, H.C.G.P., FOR R-1, &
NOTICE TO R-2 IS HELD SUFFICIENT VIDE ORDER
DATED 21-9-2023)
***
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NC: 2023:KHC-K:8069
CRL.A No. 200279 of 2023
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14A(2) OF
THE SC/ST (POA) ACT PRAYING TO SET ASIDE THE ORDER DATED
2.9.2023 PASSED BY THE II ADDITIONAL DISTRICT AND SESSIONS
JUDGE AT KALABURAGI IN CRL.MISC. NO.1458/2023, AND ETC.
THIS CRIMINAL APPEAL IS COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
JUDGMENT
The appellant/accused has filed this appeal under Section 14A(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'SC/ST (POA) Act') praying to set aside the order dated 2-9-2023 in Criminal Miscellaneous No.1458 of 2023 passed by the II Additional District and Sessions Judge, Kalaburagi, and further to direct respondent No.1- Nelogi Police Station to enlarge him on bail in the event of his arrest in Crime No.105 of 2023 registered for the offences punishable under Sections 355, 504 and 506 of the Indian Penal Code, 1860 (for short, 'IPC') and under Section 3(1)(r) of the SC/ST (POA) Act. -3-
NC: 2023:KHC-K:8069 CRL.A No. 200279 of 2023
2. Heard the arguments of the learned counsel for the appellant and the learned High Court Government Pleader for respondent No.1-State.
3. The brief facts of the prosecution case are that, on 7-8-2023 at about 2:30 p.m., the complainant had been to Vaishnavi Hotel situated at Jeratagi Main Road to have tea, at that time, the accused came there and abused the complainant in filthy language by taking up his brother's name, Raghunath Pawar, and when the complainant asked him as to why he is abusing his brother, the accused abused him in filthy language by taking up his caste name and assaulted him on his head with chappal, at that time, one Sadanand came and pacified the quarrel. Hence, the complainant lodged a complaint to respondent No.1-Police and in turn, respondent No.1-Police registered a case against the accused. Apprehending arrest at the hands of respondent No.1-Police, the accused has filed this appeal seeking anticipatory bail.
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NC: 2023:KHC-K:8069 CRL.A No. 200279 of 2023
4. Learned counsel for the appellant has contended that the appellant is innocent and he has not committed any offences as alleged by the complainant; he is a law abiding citizen having no criminal antecedents and ready to abide by any of the conditions to be imposed by this Court. Thus, he prayed for allowing the appeal.
5. Learned High Court Government Pleader for respondent No.1-State has contended that there is prima- facie material against the appellant. He is involved in the offence punishable under Sections 355, 504, 506 of IPC and Section 3(1)(r) of SC/ST (POA) Act. Hence, he prayed for dismissal of the appeal.
6. On careful perusal of the material available on record, it appears that on 07.08.2023 the appellant took quarrel with complainant, abused the brother of complainant in filthy language, intentionally insulted him by touching his caste and made criminal intimidation to -5- NC: 2023:KHC-K:8069 CRL.A No. 200279 of 2023 eliminate him and also assaulted him with Chappal. As per the case of prosecution, appellant assaulted complainant with chappal in public place and abused him in filthy langue by touching his caste. It appears that except the provision of Section 3(i)(r) of SC/ST (POA) Act, the rest of offences are triable by the Court of JMFC and thus the offences are not punishable with death or imprisonment for life.
7. The Hon'ble Supreme Court in the case of PRATHVI RAJ CHAUHAN v. UNION OF INDIA reported in (2020) 4 SCC 727 has held that, if there is no prima- facie material to attract the ingredients of SC/ST (POA) Act, pre-arrest can be granted. In the instant case, at this juncture, no prima-facie material is made out and as per the material available on record, there is rivalry between the complainant's family and appellant in respect of not taking thumb impression of complainant for issue of Ration -6- NC: 2023:KHC-K:8069 CRL.A No. 200279 of 2023 Card to be issued by the Food and Civil Supply Department. Hence, the appellant is entitled for bail.
8. Further, looking into any angle, the trial Court has not properly appreciated the material available on record, hence, it requires interference. It is well established principle of law that while considering the bail application, the Court has to consider the nature of offence, circumstances in which the offence is committed, position and the status of the petitioner, likelihood of accused fleeing away from justice, tampering of witnesses, character and antecedent of the accused. Further, the law is well settled that, while disposing off the bail petitions, the Court need not scan the prosecution papers and hold a mini trial. Keeping these factors in mind and on careful perusal of the entire material placed on record, this Court is of the opinion that the petitioner is entitled to grant of bail.
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NC: 2023:KHC-K:8069 CRL.A No. 200279 of 2023
9. Accordingly, the Court pass the following:
ORDER The appeal is allowed.
The appellant is ordered to be enlarged on bail in the event of his arrest in Crime No.105/2023 registered by the respondent - Police for the offences punishable under Sections 355, 504 and 506 of IPC and Section 3(1)(r) of the SC/ST(POA) Act, subject to the following conditions:
i. Appellant shall execute a personal bond in a sum of Rs.1,00,000/- (Rupees One lakh only) with a surety for the likesum to the satisfaction of Investigating Officer/Station House Officer;
ii. Appellant shall surrender himself before the Investigating Officer/Station House Officer within ten days from the date of receipt of a certified copy of this order;
iii. Appellant shall not tamper with the prosecution witnesses directly or indirectly; -8-
NC: 2023:KHC-K:8069 CRL.A No. 200279 of 2023 iv. Appellant shall appear before the trial Court on all dates of hearing, and v. Appellant shall mark his attendance before the Investigating Officer/Station House Officer on 1st and 16th of every month between 10:00 a.m., and 5:00 p.m., for a period of six months or till filing of the charge-sheet, whichever is earlier.
Sd/-
JUDGE KVK (Paragraph Nos.1 to 3) SBS (Paragraph Nos.4 to till end) List No.: 1 Sl No.: 1