Allowed

Sri Chayappa S/O Gururanganna Tadrahalli Nayak v. State of Karnataka

Karnataka HC24 May 2023CRL.A/100157/2023

Case brief

AI extract

What is this about?

The High Court allowed the criminal appeal filed under Section 14A(2) of the SC/ST (Prevention of Atrocities) Act. The court set aside the lower court's rejection of anticipatory bail, citing parity with similarly placed accused granted bail. The appellant was ordered to be released on a personal bond with sureties.

What did the court decide?

Impugned order set aside; Appellant released on personal bond of Rs. 1,00,000/- with one surety and undertaking not to interfere with witnesses or leave jurisdiction.

Sri Chayappa S/O Gururanganna Tadrahalli Nayak Vs State… — Caste Atrocities | Karnataka HC (2023)

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1 - CRL.A No. 100157 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 24^TH DAY OF MAY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE ANIL B KATTI CRIMINAL APPEAL NO. 100157 OF 2023

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BETWEEN:

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SRI. CHAYAPPA S/O GURURANGANNA TADRAHALLI NAYAK, AGE. 42 YRS, OCC. AGRICULTURE, R/O HULIHYDER, TQ. KANAKAGIRI, DIST. KOPPAL

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…APPELLANT

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(BY SRI. NEELENDRA D.GUNDE AND SRI. HANUMESH N. DESAI, ADVOCATES)

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AND:

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Digitally signed by J MAMATHA J Date: MAMATHA 2023.05.27 20:29:07 +0530

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STATE OF KARNATAKA, BY KANAKAGIRI POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580001.

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SRI. DHARAMANNA MADIGA @ DHARMAJJA S/O NAGALINGAPPA HARIJAN, AGE. 22 YEARS, OCC. COOLIE, R/O HULIHYDER, TQ. KANAKAGIRI, DIST. KOPPAL-583283

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…RESPONDENTS

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(BY SRI. PRAVEEN UPPAR, HCGP FOR R1, R2 SERVED)

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THIS CRIMINAL APPEAL IS FILED U/S 14A(2) OF SC AND ST (PREVENTION OF ATROCITIES) ACT SEEKING TO GRANT HIM ANTICIPATORY BAIL AND DIRECT RESPONDENT POLICE TO RELEASE THEM ON BAIL IN THE EVENT OF THEIR ARREST BY THE RESPONDENT KANAKAGIRI POLICE IN THE IN CRIME NO. 84/2022 REGISTERED FOR THE OFFENCES PUNISHABLE U/SEC.

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2 - CRL.A No. 100157 of 2023

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SEC. 143, 147 148, 323, 326, 212, 109, 324, 307, 302, 504, 506, R/W 149 OF IPC AND U/SEC. 3(1)(r), 3(1)(s), AND 3(2)-(v-a) OF SC/ST AMENDMENT ACT 2015. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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The appellant/accused No.51 feeling aggrieved by rejection of anticipatory bail petition filed under Section 438 of Cr.P.C on the file of learned Principal District and Sessions Judge at Koppal in Crl.Misc.No.76/2023 vide order dated 28.02.2023, preferred this appeal.

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parties to the appeal are referred with their ranks as assigned in the trial Court for the sake of convenience.

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On the strength of the complaint filed by Khadarbasha S/o Mohammad Basha Maligaddi, criminal law was set into motion by registering the case in crime No. 84/2022 for the offences punishable under Section 143, 147, 148, 323, 324, 326, 304, 302, 109, 212, 504 and 506 read with section 149 of IPC and Section 3(1)(r),

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3 - CRL.A No. 100157 of 2023

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(s), 3(2)(w), (v)(va) of SC/ST (Prevention of Atrocity) amendment Act 2015 (for short ‘Act’).

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The factual matrix leading to the case of prosecution can be stated in nutshell to the effect that on 11.08.2022 at about 9.00 a.m. appellant along with other accused formed themselves into unlawful assembly being armed with deadly weapons like rod, stick and stones assaulted on brother of complainant Pashavali. When the complainant and his friend Sanna Hanumanatha came to rescue, accused persons assaulted with deadly weapons thereby caused the death of the Pashavali. Accused also assaulted Sanna Hanumana and abused him in filthy language by taking his caste. Further accused have also assaulted the Ibrahim mehiboobsab Tavargiri and Dharmanna. On these allegations, the case was registered against appellant as referred above.

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Learned High Court Government Pleader for

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respondent filed objections contending that there are sufficient material evidence against appellant/accused

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4 - CRL.A No. 100157 of 2023

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No.51. The incident took place between two groups on the issue of installation of Valmiki idol. There are case and counter case against each other groups. The mere fact of granting bail to some of the accused involved in this case cannot be ground to grant bail to the this accused. Appellant/accused No.51 was not available for arrest during course of investigation. Hence, if the accused is ordered to be released on bail, he may abscond from process of law and temper with the prosecution witnesses.

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Therefore, prayed for dismissal of appeal.

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Heard the arguments of both sides.

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On careful perusal of the entire charge sheet materials, it would go to show that initially the case was registered against 58 accused persons and thereafter an completion of investigation 58 accused have been arrayed as accused in the charge sheet.

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Looking to the complaint allegations and statement of C.W 58 Sanna Hanamanatha i.e. friend of complainant injured in this case and C.W.36 Ibrahim

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5 - CRL.A No. 100157 of 2023

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Tavargiri who is another injured witness, it would go to show that the allegation of causing death of Pashavali S/O Mohammadsab Maligaddi by assaulting with deadly weapons is against accused Nos.1 to 3 and 11. The involvement of other accused in this case is based on the alleged voluntarily statement of some of the accused recorded on different dates. Identification of present appellant/accused No.51 and other accused is based on CC TV footage provided by CW 13 Abdul S/o of Kasimsab Kamani which came to be seized under the panchanama. The allegation against this appellate/accused No.51 as per charge sheet is for the offences punishable under Sections 143, 147, 148, 323, 324, 326, 212, 109, 324, 307, 302, 504, 506 and 506 read with section 149 of IPC. The wound certificate of CW 34 Dharmanna @ Dharmarajja S/o Naglingappa harijjan would go to show that he has suffered depressed fracture of fronto temporal reason and the said injury is opined to be sever in nature.

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Indisputably the injured C.W.34 Dharmanna @ Dharmajja S/o Naglingappa harijan is discharged from the

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6 - CRL.A No. 100157 of 2023

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hospital and as such there is no danger to his life. whether the present appellant along with other accused participated in the commission of offences charged against them being armed with deadly weapons with an intention or knowledge and under such circumstances that if by that of caused the death, they would be guilty of murder is a matter of trial.

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Learned counsel for the appellant/accused No.51 has produced the copy of the order passed by this court in criminal appeal No.100049/2023 C/W 100050/2023 wherein similarly placed accused have been already granted a bail and there are no exceptional grounds made out by prosecution to reject the bail application of this appellant/accused No.51. On the ground of parity also appellant/accused 51 is entitled to anticipatory bail. The appreciation learned High Court Government Pleader can be met by imposing appropriate conditions. Consequently, proceed to pass the following.

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7 - CRL.A No. 100157 of 2023

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ORDER

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The appeal filed by the appellant/accused No.51 is hereby allowed.

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The impugned order dated 28.02.2023 passed by the learned District and Sessions Judge/ Special Judge Koppal in 76/2023 is set aside.

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The appellant/accused No.51 in the evident of his arrested is ordered to be released on executing the personal bond for sum of Rs.1,00,000/- with one surety.

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Appellant/accused No.51 shall not be indulge in any of the criminal activity.

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Appellant/accused No.51 shall not be temper with the prosecution witness in any manner.

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Appellant/accused No.51 shall not leave the jurisdiction of the Court with prior permission of the trial Court.

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