Research › Search › Judgment

Karnataka High Court · body

2022 DIGILAW 594 (KAR)

Ramachandra v. State Of Karnataka

2022-05-05

S.VISHWAJITH SHETTY

body2022
JUDGMENT : 1. Accused Nos.1 and 2 in Crime No.57/2022 registered by the Srinivasapura Police Station, Kolar District, for offences punishable under Ss. 323, 324, 504, 506 read with Sec. 34 of the IPC and Ss. 3(1)(r), 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, (hereinafter referred to as 'the SC and ST (POA) Act', for short), have filed this appeal under Sec. 14-A(2) of the SC and ST (POA) Act seeking to enlarge the appellants on bail, in the event of their arrest in the case in Crime No.57/2022 of the Srinivasapura Police. 2. Brief facts of the case which are required for disposal of this appeal are, the complainant Srinivas P.N. lodged a complaint on 12/3/2022 before the Srinivasapura Police Station, Kolar District, alleging that on 10/3/2022 at about 12.00 noon when he was waiting for bus near Srirama Temple in his village, one Shri Shabari, S/o. Reddappa came there driving his luggage tempo. The complainant informed him to drive slowly and at that time, Appellant No.1 herein who was along with the said Shabari, abused the complainant mentioning his caste and thereafterwards also, assaulted him on his cheek. Accused No.2 who was also present along with Accused No.1, assaulted the complainant and pushed him down. Accused No.1 allegedly assaulted the complainant with a stone and thereby caused bleeding injuries on his ear and thereafterwards, the accused persons left the place threatening the complainant about dire consequences to his life. Immediately thereafterwards, the tempo driver Shabari and one Venkataravan took the complainant to the Government hospital at Srinivasapura. Thereafterwards, a complaint was lodged on 12/3/2022, based on which an FIR was registered in Crime No.58/2022 by Srinivasapura Police Station, Kolar District. Apprehending arrest in the said case, appellants had filed an application under Sec. 438 of the Cr.P.C. before the Court of the II Additional District and Sessions Judge, Kolar, in Criminal Misc.No.231/2022, which was dismissed by the said court on 30/3/2022. It is under these circumstances the appellants are before this Court seeking for grant of anticipatory bail. 3. Learned counsel for the appellants submits that there is a civil dispute between the parties and in respect of the incident that had taken place on 10/3/2022, there is a case and a counter case. It is under these circumstances the appellants are before this Court seeking for grant of anticipatory bail. 3. Learned counsel for the appellants submits that there is a civil dispute between the parties and in respect of the incident that had taken place on 10/3/2022, there is a case and a counter case. He submits that in O.S.No.58/2022, there is an order of injunction against the complainant and his family members and therefore, in order to harass the appellants, a false case has been registered against them. He submits that there is a delay of 2 days in lodging the FIR. He also submits that even if the entire allegations made in the complaint are presumed to be proved, no case can be made out against the appellants for the offences under the SC and ST (POA) Act. 4. Per contra, learned HCGP appearing for Respondent No.1 has opposed grant of anticipatory bail in this appeal contending that there is prima facie material against the appellants and hence, custodial interrogation is necessary. He submits that there are two eye-witnesses in the case and therefore, it is not a fit case for grant of anticipatory bail and accordingly prays to dismiss the appeal. 5. I have carefully considered the rival arguments of both the parties and perused the material available on record. 6. A perusal of the complaint lodged on 12/3/2022 which has resulted in registering of FIR in Crime No.57/2022 before the Srinivasapura Police Station, would go to show that the alleged incident had taken place on 10/3/2022 and after a delay of nearly two days, the complaint has been lodged. The material on record would go to show that there is a civil dispute between the family of the appellants and the family of the complainant, which is pending consideration before the Jurisdictional Civil Court in O.S.No.58/2022 and there is an interim order operating in the said case against the complainant and his family. The material on record would also go to show that there is a case and counter case in respect of the incident that had taken place on 10/3/2022. From the averments made out in the complaint dtd. The material on record would also go to show that there is a case and counter case in respect of the incident that had taken place on 10/3/2022. From the averments made out in the complaint dtd. 12/3/2022, it is clear that though it is stated that the accused persons had abused the complainant taking out his caste name, there is no mention of the presence of anybody else in the spot and therefore, prima facie, it cannot be said that offences under the SC and ST (POA) Act are attracted in this case. 7. The complainant though served, has remained absent. The contention of the appellants that with mala fide intention, only to harass the appellants a false case has been registered against them invoking the provisions of the SC and ST (POA) Act, remain uncontroverted. Under the circumstances, I am of the considered view that the appellants have made out a case for grant of anticipatory bail. 8. Accordingly, the appeal is allowed. The respondent / police or any other police, State of Karnataka, are directed to enlarge the appellants on bail in the event of their arrest in Crime No.57/2022 registered by the of Srinivasapura Police Station, Kolar District, for the offences punishable under Ss. 323, 324, 504, 506 read with Sec. 34 of the IPC and Ss. 3(1)(r), 3(1)(s) of the SC and ST (POA) Act, subject to following conditions: (i) The appellants shall surrender before the Investigating Officer within ten days from the date of receipt of a certified copy of this order and shall execute a personal bond for a sum of Rs.2,00,000.00 each with two sureties for the like-sum each, to the satisfaction of the concerned Investigating Officer. (ii) The appellants shall co-operate with the Investigating Officer to complete the investigation and they shall appear before the Investigating Officer, as and when called for. (iii) The appellants shall not indulge in tampering the prosecution witnesses either directly or indirectly; (iv) The appellants shall appear before the trial court on all hearing dates unless their appearance is exempted by the said court for valid reasons.