Allowed

Shashank v. State of Karnataka

Karnataka HC16 Aug 2023CRL.A/1172/2023

Case brief

AI extract

What is this about?

The High Court allowed the criminal appeal filed by an appellant accused against the rejection of his anticipatory bail petition. The court held that no prima facie case existed for offences under Sections 3(1)(r) and 3(1)(s) of the SC/ST Act as the alleged caste-based abuse was prima facie absent.

What did the court decide?

The impugned order rejecting anticipatory bail was set aside, and the appellant was granted anticipatory bail in Crime No.128/2023 subject to standard conditions.

Shashank Vs State of Karnataka — Caste Atrocities | Karnataka HC (2023)

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NC: 2023:KHC:28957 CRL.A No. 1172 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 16^TH DAY OF AUGUST, 2023

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BEFORE

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THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL APPEAL NO. 1172 OF 2023

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BETWEEN:

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SHASHANK S/O MUNIRAJU AGED 26 YEARS R/AT VEMAGAL VILLAGE KOLAR TALUK AND DISTRICT – 563 102.

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…APPELLANT

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(BY SRI MANJUNATH B R, ADVOCATE)

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AND:

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Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA

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STATE OF KARNATAKA BY VEMAGAL POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE – 560 001.

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MANJUNATHA K S/O KUMAR AGED ABOUT 19 YEARS R/AT TALAGUNDA VILLAGE VEMAGAL VILLAGE KOLAR TALUK AND DISTIRCT – 563 102.

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…RESPONDENTS

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(BY SRI RAHUL RAI K, HCGP AND SRI RANGASWAMY R, HCGP FOR R1 R2 SERVED AND UNREPRESENTED)

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NC: 2023:KHC:28957 CRL.A No. 1172 of 2023

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THIS CRL.A IS FILED U/S.14(A)(2) OF SC/ST (POA) ACT PRAYING TO SET ASIDE THE ORDER DATED 05.06.2023 PASSED IN CRL.MISC.No.408/2023 OF VEMAGAL POLICE STATION PENDING ON THE FILE OF II ADDITIONAL DISTRICT AND SESSIONS JUDGE, KOLAR AND ENLARGE THE APPELLANT ON ANTICIPATORY BAIL IN CR.No.128/2023 OF VEMAGAL POLICE STATION REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 143, 147, 363, 323, 324, 504, 506 R/W 149 OF IPC AND SECTION 3(1)(r), 3(1)(s) OF SC/ST (POA) ACT PENDING ON THE FILE OF II ADDITIONAL DISTRICT AND SESSIONS JUDGE, KOLAR AND DIRECT THE INVESTIGATING OFFICER OR ANY OTHER OFFICER, WHO IS INVESTIGATING IN THIS MATTER TO RELEASE HIM ON BAIL IN THE EVENT OF HIS ARREST IN THE ABOVE CASE AND ETC.,

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

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JUDGMENT

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This appeal is filed by the appellant – accused No.2,

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praying to set-aside the order dated 05.06.2023 passed in Crl.Misc.No.408/2023 by the II Additional District and Sessions Judge, Kolar whereunder, the anticipatory bail petition of this appellant – accused No.2 sought in respect of Crime No.128/2023 of Vemagal Police Station registered for the offences punishable under Sections 143, 147, 363,

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323, 324, 504 and 506 of the Indian Penal Code, 1860

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(for short hereinafter referred to as “IPC”) , Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short hereinafter referred to as “the Act”), came to be rejected.

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Heard learned counsel for the appellant – accused No.2 and learned High Court Government Pleader for respondent No.1 – State.

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Inspite of service of notice, respondent No.2 remained absent and un-represented.

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It is the case of the prosecution that, as the complainant pacified the quarrel which took place between two groups on 19.05.2023, on 20.05.2023 at about 11.30 am., when the complainant was going on his two wheeler, at that time, a car came from Vemagal side and stopped in front of the two wheeler and accused Nos.1 to 3 and another came and accused Nos.1 and 2 assaulted him on his face with fist and he sustained bleeding injuries on his

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left eye-brow and they snatched two wheeler key and made him to sit in the car and took him in the car towards Ammanallur and when he was in the car in between accused Nos.2 and 3, accused No.3 was assaulting him with hands. At that time, accused No.1 made a phone call and called four boys and accused No.1 asked him that he has become so big to pacify the quarrel and assaulted him with the club on the head and he sustained bleeding injuries. They removed his clothes. Accused No.3 assaulted him with stick and bar in his hand, accused No.2 assaulted him with hand on his body and at that time, four

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boys who came there were holding hockey stick, four long choppers, one knife and at that time, accused No.3 and one among four boys assaulted with the long choppers from its back side on his knees, left and right hands and back. Accused Nos.1 and 3 and another boy assaulted him with hockey sticks and caused injuries on his nose and thereafter, put him his knicker and they also recorded the incident and they all abused him touching his caste and they threatened him to finish him, if he files a complaint

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and thereafter, one of them gave him Rs.100/- and he boarded the bus and secured his brother and went on his two wheeler to the hospital and after the treatment, filed a complaint.

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The appellant who has been arrayed as accused No.2 in the charge sheet, filed a petition seeking anticipatory bail and the same came to be rejected by the impugned order which is challenged in this appeal.

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Learned counsel for the appellant – accused No.2 would contend that, on perusal of the averments of the complaint, the alleged abuse touching the caste of the complainant is not in public view and it is omnibus allegation. The other allegation against the appellant – accused No.2 is that he assaulted with hands. The offences alleged against the appellant – accused No.2 are not punishable with death or imprisonment for life. There is no prima facie case for the offences punishable under Sections 3(1)(r) and 3(1)(s) of the Act and therefore, the bar under Section 18 of the Act is not attracted. Without

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considering these aspects, the learned Special Judge has passed the impugned order which requires interference by this Court. With this, he prayed to allow the appeal and grant anticipatory bail to the appellant – accused No.2.

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Per contra , learned High Court Government Pleader would contend that the averments of the complaint was to show that there is a specific overt-act against this appellant – accused No.2 of assaulting the complainant with fist on his face, causing injuries on his left eye-brow and all the accused abused him touching his caste. The wound certificate reveal that the complainant sustained four injuries and they are all simple in nature. As there is a prima facie case for the offence under Section 3 of the Act and as there is a bar under Section 18 of the Act, the petition under Section 438 of Cr.P.C is not maintainable and the Special Court has rightly rejected the anticipatory bail petition of the appellant. With this, he prayed to dismiss the appeal.

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NC: 2023:KHC:28957 CRL.A No. 1172 of 2023

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Having heard learned counsel for the appellant – accused No.2 and learned High Court Government Pleader, the Court has perused the averments of the complaint and the wound certificate furnished by learned High Court Government Pleader.

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As per the averments of the complaint, it is alleged that accused Nos.1 to 3 and another kidnapped the complainant in a car and accused Nos.1 and 2 assaulted him with fist on his face and accused No.3 assaulted the complainant with hand in the car and four persons came at the instance of accused No.1, among them one assaulted him with back side of the long and caused injuries on his knees and hands and all of them abused him taking his caste name and threatened him not to file a complaint. The allegation of abuse taking the caste name is omnibus allegation. It has not stated as to which of the accused abused him taking his caste and with what words. It cannot be said at this stage that all the accused persons abused him taking his caste name with the same words

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and more so, the said abuse is not in the view of public, as there is no averment in the complaint that the alleged abuse has been witnessed by any other person. As there is no prima facie case at this stage for the offences under Sections 3(1)(r) and 3(1)(s) of the Act, the bar contained under Section 18 of the Act is not attracted and the petition under Section 438 of Cr.P.C can be entertained. The other offences alleged against the appellant – accused No.2 are not punishable with death or imprisonment for life. The injuries sustained by the complainant are stated to be simple injuries. Without considering these aspects, the learned Special Judge has passed the impugned order which requires interference by this Court. In the result, the following;

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ORDER

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The appeal is allowed . The impugned order dated

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05.06.2023 passed in Crl.Misc.No.408/2023 by the II Additional District and Sessions Judge, Kolar is set-aside. The appellant – accused No.2 is granted anticipatory bail in Crime No.128/2023 of Vemagal Police

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NC: 2023:KHC:28957 CRL.A No. 1172 of 2023

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Station and he is ordered to be released on bail in the

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event of his arrest, subject to the following conditions:

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(i) The appellant – accused No.2 shall execute a personal bond for a sum of Rs.1,00,000/(One lakh only) with one surety for the likesum to the satisfaction of the Investigating Officer.

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(ii) The appellant – accused No.2 shall voluntarily appear before the Investigating Officer and execute a bail bond and furnish the surety, within two weeks.

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(iii) The appellant – accused No.2 shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the accusation against him,

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so as to dissuade him from disclosing such facts to the Court or to any Police Officer.

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NC: 2023:KHC:28957 CRL.A No. 1172 of 2023

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(iv) The appellant – accused No.2 shall not

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involve in commission of any similar offences.

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Sd/JUDGE

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List No.: 1 Sl No.: 18

Shashank v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Shashank v. State of Karnataka

Case brief

What is this about?

What did the court decide?

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