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2023 DIGILAW 646 (KAR)

T. S. Suresh v. State

2023-04-21

MOHAMMAD NAWAZ

body2023
JUDGMENT/ORDER 1. Criminal Appeal No.530/2023 is preferred by accused No.1 and criminal appeal No.529/2023 is preferred by accused Nos.3 and 4 respectively. 2. Heard the learned counsel for appellants and learned High Court Government Pleader for respondent/State and perused the material on record. 3. The appellants are accused in Crime No.10/2023 of Koppa Police Station registered for offences punishable under Ss. 447, 324, 307, 504 r/w 34 of IPC and Sec. 3(1)(r)(s), (2)(va) of the SC/ST (POA) Amendment Act, 2015. 4. A perusal of the complaint lodged by one Shreyas V. would reveal that his father by name Venkatesh was assaulted on his head etc., when he had gone to his land on 29/1/2023 at about 4.30 p.m. and this was informed to the first informant by one Sandeep. Immediately the first informant went to the hospital and on enquiry, his father informed him that while working in the land, accused No.1, his son i.e., accused No.2, wife and mother of accused No.1 came in a Innova Car bearing Registration No.KA-53-P-2133 and abused him referring to his caste as 'Holeya Sule Magane' and then accused No.2 with an intention to commit his murder wielded a chopper on account of which he sustained severe injuries on his head and accused No.1 tried to assault him with a rod and when he tried to evade the said blow, he sustained injuries to his left hand. One Ramachandra and his son came and pacified the quarrel and shifted the injured to the hospital. 5. The learned counsel for appellants would contend that on account of a land dispute, a false case has been foisted against accused No.1 and his family members. He would draw the attention of the Court to a private complaint in PCR No.189/2021 filed by accused No.4 against the injured for an offence punishable under Sec. 138 of N.I. Act, a criminal complaint lodged by accused No.3 against the injured and another which was registered in crime No.1/2023 of Koppa Police Station for an offence punishable under Sec. 379 of IPC, another criminal case registered in crime No.11/2023 of Koppa Police Station on a complaint lodged by accused No.3 against the injured and another for offences punishable Ss. 506, 341 and 354 of IPC. 506, 341 and 354 of IPC. It is also contended that since the appellants herein were facing threat from complainant's party, couple of representations were also given to the DG and IGP by accused No.1. It is therefore contended that on account of previous enmity, appellants are implicated in a false case. 6. Learned counsel would also contend that the injured has been discharged from the hospital and there are no criminal antecedents against the appellants. He submits that accused No.1 is in custody for more than 90 days. He contends that even accepting the allegations in the FIR, the ingredients of the offences under the SC/ ST Act are not made out. Therefore seeks to enlarge the appellants on bail by imposing any conditions. 7. The learned High Court Government Pleader has opposed the prayer contending that the injured has sustained grievous injuries and both accused Nos.1 and 2 with a common intention have attempted on the life of the injured. He contends that in view of the specific allegations against accused Nos.3 and 4 that they have abused the injured with filthy language referring to his caste, they are not entitled for the relief of anticipatory bail. He contends that the learned Sessions Judge having appreciated the material on record has rightly rejected the prayer of the appellants and therefore seeks to dismiss the appeals. 8. Accused No.1 preferred a petition under Sec. 439 of Cr.P.C and Accused Nos.3 and 4 preferred a petition under Sec. 438 Cr.P.C before the learned Sessions Judge. Both the said petitions came to be dismissed. Hence, they have preferred the above appeals. 9. The FIR is registered against accused Nos.1 to 4. A perusal of the complaint averments goes to show that when the injured Venkatesh was working in the land, all the accused came in a car and abused him in filthy language referring to his caste as 'holeya sule magane' and questioned him as to why he has come to the land. The abusive words used against the injured insulting his caste is concerned, an omnibus allegations are made that all the four accused have abused him. It is not specifically stated as to which of the accused used the abusive words. The allegations in that regard is vague. The abusive words used against the injured insulting his caste is concerned, an omnibus allegations are made that all the four accused have abused him. It is not specifically stated as to which of the accused used the abusive words. The allegations in that regard is vague. Even otherwise, admittedly the incident has taken place when the injured had gone to his land and it appears that there is a land dispute between the parties. It is not the case of prosecution that the injured was abused only on the ground that he belongs to scheduled caste or scheduled tribe. It is also submitted by the learned counsel for appellants that in so far as accused No.4 is concerned the provisions under the SC/ ST Act has been dropped while filing the charge-sheet. 10. In so far as the appeal preferred by accused No.1 is concerned, the allegations are that he tried to assault the injured with a rod and in the process the injured sustained injuries to his left hand. The overt acts of assaulting the injured on his head is attributed against accused No.2. As per the wound certificate/discharge summary the injured has sustained wound over the forehead measuring 4/4 cm and swelling over the wrist. The injuries are stated to be grievous in nature. The injuries sustained on the forehead is attributed to the assault made by accused No.2. Further, a perusal of the FIR in Crime No.11/2023 of Koppa Police Station goes to show that on the same day i.e., on 29/1/2023 even accused No.3 lodged a complaint against the injured and one Ramachandra for offences punishable under Ss. 506, 341 and 354 of IPC in respect of an incident which took place at about 3.30 p.m. 11. Accused No.1 was arrested on 30/1/2023. He is in custody for more than three months. It is submitted that investigation is completed and charge-sheet has been filed. For the foregoing reasons, the appeals filed by accused Nos.1, 3 and 4 can be allowed, by imposing necessary conditions. Accordingly, the following: ORDER Criminal Appeal No.530/2023 is allowed. Appellant/accused No.1 in Crime No.10/2023 of Koppa Police Station shall be enlarged on bail subject to following conditions: i. He shall execute a bond in a sum of Rs.1, 00, 000.00 (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the Jurisdictional Court. ii. Accordingly, the following: ORDER Criminal Appeal No.530/2023 is allowed. Appellant/accused No.1 in Crime No.10/2023 of Koppa Police Station shall be enlarged on bail subject to following conditions: i. He shall execute a bond in a sum of Rs.1, 00, 000.00 (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the Jurisdictional Court. ii. He shall furnish proof of his residential address and shall inform the Court if there is any change in the address. iii. He shall not tamper with the prosecution witnesses either directly or indirectly. iv. He shall cooperate with the investigation of the case. v. He shall not involve in any criminal activities. vi. He shall be regular in attending the Court proceedings. Criminal Appeal No.529/2023 is allowed. Appellants/accused Nos.3 and 4 shall be released in the event of their arrest in Crime No.10/2023 of Koppa Police Station subject to following conditions: i. They shall appear before the Investigation Officer within a period of one week from the date of receipt of a copy of the order and shall execute a bond in a sum of Rs.50, 000.00 (Rupees Fifty Thousand only) each with one surety for the likesum. ii. They shall furnish proof of their residential address and shall inform the Court if there is any change in the address. iii. They shall not tamper with the prosecution witnesses either directly or indirectly. iv. They shall cooperate with the further investigation of the case, if any, - 13 - CRL.A No. 530 of 2023 whenever they are called upon to do so. v. They shall be regular in attending the Court proceedings.