High Court allowed criminal appeals seeking anticipatory bail. It held that Section 18/18-A bar of SC/ST Act did not apply due to lack of specific allegations against accused, overriding lower court’s rejection.
Both appeals allowed; accused released on bail subject to bonds and cooperation conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL NO. 555 OF 2023
C/W
CRIMINAL APPEAL NO. 556 OF 2023
IN CRL.A NO. 555/2023
BETWEEN:
Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA
GRAMA PANCHAYATHI, MYSURU - 23.
…APPELLANTS
(BY SRI. P. PRITHVI KIRAN SETTY, ADVOCATE)
AND:
MYSURU - 570 007.
…RESPONDENTS
(BY SRI. RENUKARADHYA R.D., HCGP FOR R1; SRI. KUMAR R.G., ADVOCATE FOR R2 (ABSENT))
THIS CRL.A IS FILED UNDER SECTION 14(A)(2) OF SC/ST (POA) ACT, 1989 PRAYING TO A. SET ASIDE THE ORDER DATED 21.02.2023 PASSED BY THE VI ADDITIONAL DISTRICT AND SPECIAL JUDGE, MYSURU IN CRL.MISC.NO.282/2023 AGAINST THE APPELLANTS FOR THE OFFENCES P/U/S 3(1)(r), 3(1)(s), 3(1)(w)(i) OF SC/ST (POA) AMENDMENT ACT 2015 AS WELL AS U/S 506, 504, 143, 149, 448, 468, 323, 354 OF IPC AND ETC.,
IN CRL.A NO. 556/2023
BETWEEN:
…APPELLANTS
(BY SRI. P. PRITHVI KIRAN SETTY, ADVOCATE)
AND:
…RESPONDENTS
(BY SRI. RENUKARADHYA R.D., HCGP FOR R1; SRI. KUMAR R.G., ADVOCATE FOR R2 (ABSENT)
THIS CRL.A IS FILED UNDER SECTION 14(A)(2) OF SC/ST (POA) ACT, 1989 PRAYING TO A. SET ASIDE THE ORDER DATED 21.02.2023 PASSED BY THE VI ADDITIONAL DISTRICT AND SPECIAL JUDGE, MYSURU IN CRL.MISC.NO.282/2023 AGAINST THE APPELLANTS FOR THE OFFENCES P/U/S 3(1)(r), 3(1)(s), 3(1)(w)(i) OF SC/ST (POA) AMENDMENT ACT, 2015 AS WELL AS U/S 506, 504, 143, 149, 448, 468, 323, 354 OF IPC AND ETC.,
THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Crl.A.No.555/2023 is filed by accused Nos.2, 5 to 7,
9, 10 and 14.
and 12.
aside the order dated 21.02.2023 passed by the VI Additional District and Special Judge at Mysuru, in Crl.Misc.No.282/2023 under which anticipatory bail petition of the appellants sought in respect of Crime No.19/2023 at Narasimharaja Police Station, Mysuru, for the offences punishable under Sections 506, 504, 143, 448, 468, 323, 354 R/w Section 149 of IPC and under Sections 3(1)(r), 3(1)(s), 3(1)(w)(i) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989, came to be rejected.
learned High Court Government Pleader for respondent No.1-State.
granted bail by the special Court. The said submission of the learned counsel for the appellants is placed on record and Crl.A.No.555/2023 is dismissed having become infructous so far as appellant No.2/accused No.5 is concerned.
09.07.2012 and thereafter, her brother by name Sri.Kumaraswamy, collected the key of the house from her stating that he will colour the said house. Even though there are no rights on the said house, her brother Sri.Kumaraswamy, concocted some documents and sold the said property to Sri.Rangaswamy, who is the leader of Kaniyara Sangha, accused Nos.4, 9, Sridhar and Venkatesha. In that regard, she had filed the complaint on 12.09.2022. It is further stated in the complaint that on 17.12.2022 at about 2.30 p.m. When she was with her aunt in the said house, the appellants formed themselves an unlawful assembly came and abused them in the filthy language they dragged them out of the house, assaulted them, threatened to kill them, if they did leave the place. The said complaint came to be registered in Crime No.19/2023 of Narasimharaja Police Station for the offences punishable under Sections 506, 504, 143, 448, 468, 323, 354 R/w Section 149 of IPC and under Sections 3(1)(r), 3(1)(s), 3(1)(w)(i) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The
appellants/accused Nos.1 to 12 apprehending their arrest filed in Crl.Misc.No.282/2023 seeking the relief of anticipatory bail and the same came to be rejected by impugned order which has been challenged in these appeals.
other offences alleged against the appellants are not punishable either with death or imprisonment for life. Since, the appellants are ready to co-operate with the Police investigation. Without considering all these aspects learned VI Addl. District and Special Judge, Mysuru, has passed the impugned order rejecting the bail petition which calls for any interference by this Court and prays to allow the appeals.
anticipatory bail petition which does not call for any interference of this Court and prays to dismissed the appeals.
Sections 18 and 18-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989, is not attracted as held by the Hon'ble Supreme Court in the case of the Prathvi Raj Chauhan Vs. Union of India and others (2020 4 SCC 727).
ORDER
ii. Accused Nos.2 to 7, 9, 10 to 12 and 14 are ordered to be released on bail in the event of their arrest in Crime No.19/2023 of Narasimharaja Police Station subject to the following conditions.
CRL.A No. 555 of 2023 C/W CRL.A No. 556 of 2023 NC: 2023:KHC:27211
Sd/JUDGE
URN List No.: 1 Sl No.: 13 CT: ABS
2 issues framed by the court
Whether Section 18 and 18-A bar under SC/ST (POA) Act, 1989 applies when the complaint alleges no specific offence against individual accused.
Whether anticipatory bail petition can be allowed despite general crimi•nal charges including IPC offences.
Colour shows how this judgement treated each authority
Prathvi Raj Chauhan Vs. Union of India and othersDistinguished¶76
Prathvi Raj Chauhan Vs. Union of India and others (2020 4 SCC 727) · Who else cites this
2 provisions across 2 enactments
Nagesha P. and others
V. Kumar and others
State
Pushpalatha
Shivashankar Amannavar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
