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2020 DIGILAW 2117 (KAR)

Shivalingappa v. State Of Karnataka

2020-10-22

MOHAMMAD NAWAZ

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JUDGMENT Mohammad Nawaz, J. - This petition is fi led under Section 438 of Cr.P.C. seeking to enlarge the petitioners on anticipatory bai lin Crime No.67/2020 of Kalaghatagi Police Station, registered for the offences punishable under Sections 323, 341, 504, 506 r/w 34 ofiPC and under Section 3(1)(r), 3(1) (s) of the SC and ST (Prevention of Atrocities) Act, 1989. 2. Heard the learned counsel for the petitioners and the learned HCGP for the respondent-State and learned counsel appearing for respondent No.2-complainant. 3. As per the complaint averments, on 5/6/2020 at about 12.30pm, complainant along with his wife and labourers were cultivating the land which was given on lease by Smt. Laxmibai Mahapurash. At that time, accused No.1 Shivalingappa Chikkannavar questioned as to why they are working in the said land and asked them to go home. When they were returning back to their home, accused No.1 and his three sons namely accused Nos.2 to 4 wrongfully restrained them and abused the complainant in fi lthy language insulting him by taking the name of his caste and assaulted the complainant with hands. 4. The learned counsel for the petitioner has vehemently contended that a civi l dispute has been converted into a criminal case. The present complaint is lodged as a counter blast to the complaint fi led by petitioner No.3 against the complainant and others. He contends that the complainant is nothing to do with the land in question. The dispute is between the accused and the land owner, namely Laxmi bai Mahapurush and therefore, there is no question of committing any offence against the complainant. He submits that a false case has been registered against the petitioners and in the facts and circumstances of the case, it cannot be said that the offence under the SC/ST (PA) Act is attracted. He further submits that the petitioners are ready and wi lling to abide by any conditions which may be imposed by this Court. Accordingly, he seeks to allow the petition by enlarging the petitioners on bai l. 5. Per contra, the learned HCGP would contend that the petitioners are absconding from the date of offence. The complaint averments prima facie disclose that the accused have committed the offence under the provision of the SC & ST (PA) Act 1989. The complainant has sustained injuries on account of the assault made by the accused. Per contra, the learned HCGP would contend that the petitioners are absconding from the date of offence. The complaint averments prima facie disclose that the accused have committed the offence under the provision of the SC & ST (PA) Act 1989. The complainant has sustained injuries on account of the assault made by the accused. Accordingly, he seeks to reject the petition. 6. The incident has taken place on 5/6/2020 at about 12.30 pm. A perusal of the complaint averments goes to show that specific allegation is made against the first petitioner that he threatened the complainant, his wife and their workers as to why they are working in the land and thereafter, when they were returning home abused the complainant taking the name of his caste. There are no specific allegations against petitioner Nos.2 to 4 by naming anyone of them in particular that they abused the complainant insulting his caste. It is alleged that they have assaulted the complainant with the hands. A perusal of the wound certificate goes to show that there are no externalinjuries caused. It is also seen that in the first instance, a case was registered on the complaint lodged by petitioner No.3, in Crime No.66/2020 of Kalaghatagi police station against 15 persons including the complainant herein. 7. Considering the above facts and circumstances of the case, I of the view that petitioner No.1/ accused No.1 is not entitled for anticipatory bai l and petitioner Nos.2 to 4/accused Nos.2 to 4 can be released on bai l by imposing appropriate conditions. Accordingly, the following: ORDER Petition is allowed in part. Petition fi led by petitioner No.1-accused No.1 is hereby dismissed. Petition is allowed insofar as petitioner Nos.2 to 4 -accused No.2 to 4, subject to the following conditions:- a) In the event of arrest of the petitioners Nos.2 to 4/accused Nos.2 to 4 in Crime No.67/2020 of Kalaghatagi Police Station, they shall be released on bai l, subject to the following conditions: i ) Petitioner Nos.2 to 4 shall appear before the jurisdictional Court within a period of 10 days from the date of receipt of a copy of this order and shall execute a bond for a sum of Rs.50,000/- each with two sureties for the likesum to the satisfaction of the learned Sessions Judge. ii) Petitioner Nos.2 to 4 shall make themselves avai lable for the purpose of further investigation, if any, as and when they are called for. iii ) Petitioner Nos.2 to 4 shall not tamper with the prosecution witnesses, either directly or indirectly. iv) Petitioner Nos.2 to 4 shall be regular in attending the court proceedings. In the event of first petitioner surrendering before the Jurisdictional Court and makes an application for regular bai l, same shall be considered expeditiously, in accordance with law.