Allowed

Jabiulla v. the State of Karnataka

Karnataka HC12 Oct 2023CRL.A/100439/2023

Case brief

AI extract

What is this about?

The High Court allowed a bail appeal filed by an accused under Section 14-A(2) of the SC/ST (POA) Act. The Court set aside the impugned order denying bail, holding that continued custody was not required as investigation was completed and the charge sheet filed.

What did the court decide?

Impugned order set aside; appellant enlarged on bail via personal bond of Rs.50,000 with two sureties.

Jabiulla Vs the State of Karnataka — Pension and Retirement Benefits | Karnataka HC (2023)

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NC: 2023:KHC-D:12365 CRL.A No. 100439 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 12^TH DAY OF OCTOBER, 2023

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BEFORE

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THE HON'BLE MS. JUSTICE J.M.KHAZI

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CRIMINAL APPEAL NO. 100439 OF 2023 (U/S 14 A(2) of SC and ST ACT-)

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BETWEEN:

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JABIULLA S/O IBRAHIM SAB, AGE: 23 YEARS, OCC: COOLIE, R/O. KUPPEGADDE VILLAGE, TQ: SIRSI, DIST: UTTAR KANNADA.

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…APPELLANT

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(BY SRI. MALLIKARJUN B MADANALLI, & SRI. NAGARAJ C. KOLLOORI, ADVOCATES)

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AND:

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THE STATE OF KARNATAKA, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT BENCH, DHARWAD. THROUGH VIDE BANVASI POLICE STATION, SIRSI CIRCLE, UK, KARWAR.

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ANNAPURNA CHINNAPPA DANDAGAL

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Digitally signed by ANNAPURNA CHINNAPPA DANDAGAL

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SRI. DIXITH

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S/O MAHENDRA ALKUTI, AGE: 19 YEARS, OCC: COOLIE, R/O. KUPPAGUDDE VILLAGE, TQ: SIRSI, DIST: UTTAR KANNADA.

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…RESPONDENTS

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(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1, SMT. SITALAXMI PURLI, ADV. FOR R2)

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THIS CRIMINAL APPEAL IS FILED U/SEC. 14A(2) OF SC/ST (POA) AMENDMENT ACT, PRAYING THIS COURT TO, SET ASIDE ORDER DATED 30.06.2023 IN SPECIAL CASE NO. 47/2023 PASSED BY THE COURT OF II ADDL. DISTRICT AND SESSIONS JUDGE, UTTARA KANNADA, KARWAR AND ENLARGE

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THE APPELLANT/ACCUSED NO.1 ON REGULAR BAIL IN SPECIAL CASE NO. 47/2023 (CRIME NO. 31/2023 OF BANAVASI PS) FOR THE OFFENCE PUNISHABLE U/SEC. 323, 324, 326, 307, 504, 506, R/W SEC. 34 OF IPC AND SEC. 3(1)(r), 3(1)(s), 3(1)(va) OF SC/ST ACT (POA) AMENDMENT ACT, 2015, PENDING ON THE FILE OF THE COURT OF II ADD. DISTRICT AND SESSIONS JUDGE, UTTAR KANNADA WITH SUCH CONDITIONS.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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Appellant who is arraigned as accused No.1 has filed this appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Amendment Act, 2015 (hereinafter referred to as ‘the SC & ST (POA) Act) to grant him bail in Crime No.31/2023 of Banavasi Police Station for the offences punishable under Sections 323, 324, 326, 307, 504, 506 read with Section 34 of IPC and Sections 3(1)(r), 3(1)(s), 3(2)(va) of SC & ST (POA) Act.

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In support of his appeal, the appellant has contended that there are no reasonable grounds to believe that he has committed the offences which are punishable

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with death or imprisonment for life. He has been falsely implicated in connection with a dispute for return of Rs.300/-. There was no motive or intention on the part of appellant to commit the alleged offences. There is no direct or indirect material to connect him with the alleged crime. Appellant is arrested on 13.03.2023 and since then

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he is in custody. He is the only earning member of the family having the responsibility of taking care of his family members. He is permanent resident of the address given in the cause title, owning movable and immovable properties. He is ready and willing to abide by any conditions that may be imposed and prays to allow the appeal.

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Learned High Court Government Pleader

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appears for respondent/State.

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After due service of notice, respondent No.2/complainant has appeared through counsel and filed statement of objection stating that looking to the charge sheet and the nature of injury suffered, prima facie case is

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made out and there are reasonable grounds to believe that appellant has committed the offences alleged which are non-bailable. Though the investigation is completed and charge sheet is filed, looking to the gravity of the accusation, appellant is not entitled for bail.

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4.1 The statements of CWs.8 to 12 clearly indicate active participation of all the accused persons including the appellant. The charge sheet reveal that accused Nos.1 to 3 called the complainant and his friend Sunil with the intention of killing them and they abused in filthy language and also referring to their caste in the public place. They assaulted the complainant and Sunil with knife and iron punch due to which complainant has suffered grievous injuries. Only after Manjunath and Hanumantappa came to the spot, they ran away. In the event of granting bail, appellant may threaten or tamper with the witnesses. He may also abscond and thereby delay and protract the proceedings and prays to reject the appeal.

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Heard arguments and perused the record.

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On 12.03.2023 complainant who belong to

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Hindu Bhovi which comes under scheduled caste, lodged a complaint stating that about one week back, accused No.3 had borrowed Rs.300/- from him as a hand-loan and promised to repay it within a week. On 12.03.2023 in the morning, he met accused Nos.1 to 3 at Kuppagudde Circle and demanded accused No.3-Mohammed Gouse to return the money. However he gave threat to his life. However on the same day in the evening, accused No.3-Mohammed Gouse asked him to come to Kannada school of Hoskoppa and that he would return the hand-loan taken from him.

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Accordingly, complainant and CW8-Sunil went

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to the Kannada school of Hoskoppa. Accused Nos.1 to 3 were there and when he requested accused No.3 to return the money, he questioned which money he is supposed to return. At this stage, accused No.1-Jabiulla Ibrahim Sab referring to their caste said that they belong to low caste and you people want Muslim girls and so saying, with iron

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punch and accused No.2/Aman with a knife assaulted the complainant on his right eyebrow, left knee and left thigh.

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8. Accused No.1-Jabiulla Ibrahim Sab assaulted

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the complainant with iron punch on his forehead, stomach, right leg, left thigh and left hand. When both of them fell down, all the accused persons kicked them with legs. Only when Manju Waddar and Huchhesh Waddar, and passers by came to their rescue, the accused persons left the place giving threat to their life. They left the knife and iron punch at the spot. The injured persons were shifted to Sirsi Government Hospital and from there Sunil also took treatment at TSS Hospital, Sirsi and Shivaleel Hospital, Hubballi.

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9. Based on the complaint, the concerned police

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have registered the case in Crime No.31/2023 for the offences punishable under Sections 323, 324, 326, 307, 504 and 506 read with Section 34 of IPC and under Sections 3(1)(r), 3(1)(s), 3(2)(va) of SC & ST (POA) Act and taken up investigation. After conducting detailed

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investigation, charge sheet is filed against accused Nos.1 to 3 for the offences punishable under Sections 323, 324, 326, 307, 504 and 506 read with Section 34 of IPC and under Sections 3(1)(r), 3(1)(s), 3(2)(va) of SC & ST (POA) Act.

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Now the appellants who are accused Nos.1 is seeking regular bail contending that he has been falsely implicated. He has also alleged that on 02.03.2023, Sunil assaulted the appellant on his left hand and caused bleeding injury. He was taken to Banavasi General Hospital, Sirsi and admitted as inpatient. While he was undergoing treatment, concerned police have arrested him. In this regard, he has filed complaint in Crime No.32/2023 against the present complainant and injured CW8-Sunil for the offences punishable under Sections 324, 504 and 506 read with Section 34 IPC. In the said case, complainant and CW8-Sunil are released on bail.

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After completing investigation, charge sheet is filed against the accused Nos.1 to 3 (including the

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Appellant) for the offences punishable under Sections 323, 324, 326, 307, 504 and 506 read with Section 34 of IPC and under Sections 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST (POA) Act. However the charge sheet do not state what happened to the complaint filed by appellant/accused No.1 and no explanation is forthcoming with regard to the injuries suffered by him. Anyhow, having regard to the fact that already charge sheet is filed, continued custodial presence of the appellants is no longer required for the purpose of investigation. Already accused No.2 and 3 ar granted bail by this Court. Ofcourse the interest of the prosecution is required to be safeguarded by imposing stringent conditions. Thus, from the above, this Court is of the considered opinion that the appellants are entitled for bail and accordingly the following:

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ORDER

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Criminal Appeal is allowed.

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The impugned order dated 30.06.2023 passed by the

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learned II Addl. District and Sessions Judge, Uttara Kannada, Karwar, is set-aside.

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The appellant/accused No.1 is ordered to be enlarged on bail in Crime No.31/2023 of Banavasi Police Station, subject to following conditions:

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i) He shall execute personal bond for a sum of Rs.50,000/- with two sureties each for like-sum.

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ii) He shall furnish their residential address proof and shall inform the investigating officer/Court if there is any change in the address.

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iii) He shall not tamper with the prosecution witnesses either directly or indirectly.

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iv) He shall not indulge in any criminal activities.

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v) He shall be regular in attending the Court proceedings.

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KGK / List No.: 1 Sl No.: 14

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Sd/JUDGE

Jabiulla v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Jabiulla v. the State of Karnataka

Case brief

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