Allowed

Kiran S/O Bangareppa Angadi v. State of Karnataka

Karnataka HC7 Oct 2020CRL.P/101093/2020

Case brief

AI extract

What is this about?

The High Court of Karnataka granted anticipatory bail to accused No.2 in a criminal case involving offences under the IPC and SC/ST Act. Observing that the previous accused are released and no specific caste-based abuse was alleged against the petitioner, the court allowed the petition subject to standard bail conditions.

What did the court decide?

Petitioner shall be released on bail subject to executing a personal bond of Rs.1 lakh, appearing within 10 days, and complying with conditions regarding non-tampering with witnesses and jurisdiction.

Kiran S/O Bangareppa Angadi Vs State of Karnataka — Caste Atrocities | Karnataka HC (2020)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 07^TH DAY OF OCTOBER 2020

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BEFORE

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THE HON’BLE MR. JUSTICE MOHAMMAD NAWAZ

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CRL.P. NO. 101093 OF 2020

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BETWEEN:

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KIRAN S/O BANGAREPPA ANGADI AGED ABOUT 25 YEARS, OCC:AGRICULTURE, R/O KURBAGONDA, TQ & DIST:HAVERI.

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…PETITIONER

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(BY SRI. ARAVIND D KULKARNI, ADVOCATE)

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AND:

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STATE OF KARNATAKA THROUGH SUB-INSPECTOR OF POLICE, HAVERI RURAL POLICE STATION, REP.BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, DHARWAD.

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…RESPONDENT

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(BY SMT. SEEMA SHIVA NAIK, HCGP)

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THIS PETITION IS FILED UNDER SECTION 438 OF CR.P.C. PRAYING THAT THIS HON’BLE COURT MAY KINDLY BE PLEASED TO GRANT ANTICIPATORY BAIL TO THE PETITONER DIRECTING THE RESPONDENT POLICE TO RELEASE THE PETTIONER/ACCUSED NO.2 ON BAIL IN THE EVENT OF HIS ARREST IN HAVERI RURAL POLICE STATION, IN CRIME NO.99/2020 REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 323, 324, 307, 504,506 READ WITH SECTION 34 OF IPC. AND SECTION 3(2) (va) OF SC AND ST (PREVENTION OF ATTROCITIES) ACT, BY ALLOWING THIS PETITION.

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THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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This petition is filed under Section 438 of Cr.P.C. by accused No.2 to enlarge him on bail in Crime No.99/2020 of Haveri Rural Police Station, registered for the offences punishable under Sections 323, 324, 307, 504, 506 read with Section 34 of IPC and Section 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) (Amendment) Act, 2015.

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The case of the prosecution is that the complainant has been cultivating two acres of land belonging to one Basavanneppa Durugannanavar and he had raised maize crop in the said land. About three months back, he had made an agreement with one Somalingappa Angadi i.e. accused No.1 for selling his maize crop for Rs.1,200/- per quintal. He had sold 30 bags of maize to accused No.1. There was a due of Rs.30,000/- to be paid by accused No.1. On

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19.08.2020 at about 6 p.m., the complainant went to the shop of accused No.1 and requested him to pay the amount. At that time, accused No.1 pushed the complainant, as a result of which he fell into the drainage. At that time, accused Nos.2 to 4 came to the spot and assaulted him with hands. Accused No.2 stabbed him with a knife on his right hand and right leg. Accused No.1 hit him with a stone on his head. Accused Nos.3 and 4 kicked him. When the complainant ran towards his house, they chased him. He was then rescued by one Babanna, his wife and their children.

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Learned counsel for the petitioner submits that there are no specific allegations against the accused person that would attract the provisions of the SC/ST (POA) Act. He submits that accused Nos.1 and 3 are already enlarged on anticipatory bail. The injured has sustained simple injuries and he has been discharged from the hospital. He submits that the petitioner has been falsely

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implicated as a counterblast to an incident which occurred on the same day at 12.30 p.m. He submits that the aunt of the petitioner, by name Halavva has lodged a complaint in connection with the said incident, before Haveri Rural Police Station. He submits that the petitioner is ready and willing to abide by any conditions, which may be imposed by this Court. Hence, he seeks to allow this petition.

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Per contra, the learned HCGP submits that the petitioner/accused No.2 has stabbed the complainant with knife and caused injuries to him. She submits that in the event of release of the petitioner on bail, he may tamper with the prosecution witnesses and flee from justice. Accordingly, she seeks to reject the petition.

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The case of the prosecution is that there was a due of Rs.30,000/- from accused No.1 to the complainant. When the complainant went to his

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shop and requested him to pay the amount, accused No.1 pushed him and the complainant fell into the drainage. Accused No.2 to 4 also came there and assaulted the complainant. Accused No.2 stabbed the complainant with a knife on his hand and leg.

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The learned Sessions Judge has already enlarged accused Nos.1 and 3 on anticipatory bail. It is observed therein that there is no whisper against the accused/petitioners that they have abused the complainant by taking his caste name and thereby insulted him and caused mental agony at public place in public view. A perusal of the first information report does not indicate that the provisions of the SC/ST Act is attracted. It is stated that the complainant has sustained simple injuries and he is already discharged from the hospital. It is not in dispute that one Halavva Angadi, the aunt of the petitioner has also lodged

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a complaint against the complainant and two others on the same day, which is registered in Crime No.100/2020. In the facts and circumstances and since accused No.1 and 3 are already released on anticipatory bail, I am of the view that the petitioner is also entitled for the relief he has sought for in this petition. Hence, the following:

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ORDER

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a) Petition is allowed.

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b) The petitioner/accused No.2 shall be released on bail in the event of his arrest in Crime No.99/2020 of Haveri Rural Police Station, registered for the offences punishable under Sections 323,324,307, 504, 506, read with Section 34 of IPC and Section 3(2)(va) of the Act, subject to the following conditions:

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i) The petitioner/accused No.2 shall appear before the Investigating Officer within a period of ten days from today and shall execute a personal bond in a sum of Rs.1 lakh with one surety for the likesum.

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ii) The petitioner shall not tamper with the prosecution witnesses either directly or indirectly and he shall not hamper the prosecution case in any manner.

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iii) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case.

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iv) The petitioner shall make himself available for interrogation by the Investigating Officer, as and when required till the final report is filed.

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v) The petitioner shall not leave the jurisdiction of the trial Court without prior permission.

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vi) The petitioner shall furnish his permanent and present residential address proof before the Investigating Officer.

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vii) The petitioner shall not indulge in any criminal activities.

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JUDGE

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Sd/-

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JTR

Kiran S/O Bangareppa Angadi v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Kiran S/O Bangareppa Angadi v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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