Allowed

Mahabaleshwar S/O Babu Baindur v. the State of Karnataka by Its Psi

Karnataka HC20 Feb 2024CRL.A/100073/2024

Case brief

AI extract

What is this about?

Anticipatory bail appeal under Section 14-A(2) SC/ST (POA) Act in a manual scavenging case under the 2013 Act with Section 3(1)(j) added later. The alleged victim's affidavit denied any such incident, raising doubt about invoking the provision; the High Court allowed the appeal and granted anticipatory bail with conditions.

What did the court decide?

Order rejecting anticipatory bail set aside; appellant to be released on arrest on personal bond of Rs.1,00,000 with one surety, subject to conditions including regular court appearance and cooperatio

Mahabaleshwar S/O Babu Baindur Vs the State of Karnataka… — Caste Atrocities | Karnataka HC (2024)

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NC: 2024:KHC-D:4089 CRL.A No. 100073 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 20^TH DAY OF FEBRUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY

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CRIMINAL APPEAL NO. 100073 OF 2024 (U/S 14 A(2) of SC

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and ST ACT-)

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BETWEEN:

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MAHABALESHWAR S/O BABU BAINDUR, AGE: 58 YEARS, OCC: CONTRACTOR R/O # 894/5, PADTIGALLI TALUK: SIRSI, DIST: UTTARA KANNADA-581402.

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…APPELLANT

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(BY SRI GANAPATI M.BHAT, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA BY ITS PSI,

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Digitally
signed by
ANNAPURNA
ANNAPURNA CHINNAPPA
CHINNAPPA DANDAGAL
DANDAGAL Date:
2024.02.22
14:27:42
+0530

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SIRSI NEW MARKET TOWN POLICE STATION, SIRSI, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD.

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RAMACHANDRA S/O MANJUNATH VERNEKAR AGE: 57 YEARS, OCC: SR. HEALTH INSPECTOR, CMC, SIRSI, TALUK: SIRSI, DIST: UTTARA KANNADA-581401.

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GANESHAPPA S/O MALLAPPA HARIJAN, AGE: 56 YEARS, R/O MALGUNDA, KALLAPURA, TQ: HANGAL, DIST: HAVERI-581104.

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…RESPONDENTS

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(BY SRI T.P.MALIPATIL, AGA FOR R1; SRI. VIDYASHANKAR G. DALWAI FOR R3)

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NC: 2024:KHC-D:4089 CRL.A No. 100073 of 2024

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THIS CRIMINAL APPEAL IS FILED U/S 14 A(2) OF SC/ST (POA) ACT, 1989, SEEKING TO SET-ASIDE ORDER DATED 02.02.2024 IN CRL.MISC.NO.23/2024 (SIRSI NEW MARKET P.S. CRIME NO.6/2024) PASSED BY THE COURT OF THE 2 ND ADDL.DISTRICT AND SESSIONS JUDGE, UTTARA KANNADA, KARWAR AND ALLOW THIS CRIMINAL APPEAL BY ENLARGING THE APPELLANT/ACCUSED NO.1 ON ANTICIPATORY BAIL IN SIRSI NEW MARKET P.S. CRIME NO.6/2024 FOR AN OFFENCES PUNISHABLE U/S 5, 7, 8 AND 9 OF THE PROHIBITION OF EMPLOYMENT AS MANUAL SCAVENGERS AND THEIR REHABILITATION ACT, 2013 AND SECTION 3(1)(j) OF THE SCHEDULED CASTES AND SCHEDULE TRIBES (PREVENTION OF ATROCITIES) AMENDMENT ACT, 2015, PENDING ON THE FILE OF THE COURT OF THE 2 ND ADDL. DISTRICT AND SESSIONS JUDGE, UTTARA KANNADA, KARWAR, IN THE EVENT OF ARREST BY THE POLICE.

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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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This criminal appeal under Section 14-A(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, ‘the SC/ST (POA) Act’) is filed with a prayer to set aside order dated 02.02.2024 passed in Crl.Misc.No.23/2024 by the Court of II Additional District and Sessions Judge, Uttara Kannada, Karwar, and grant anticipatory bail to the appellant in Crime

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3 - NC: 2024:KHC-D:4089 CRL.A No. 100073 of 2024

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No.06/2024 registered by Sirsi New Market Police Station, Uttara Kannada District, against the appellant and another the for offences punishable under Sections 5, 7, 8 and 9 of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 (for short, ‘the Act of 2013) and Section 3(1)(j) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (for short, ‘the Act of 2015’).

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Heard the learned counsel for the parties.

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FIR in Crime No.06/2024 was registered by

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Sirsi New Market Police Station, Uttara Kannada District, initially for the offences punishable under Sections 5, 7, 8 and 9 of the Act of 2013 against the appellant and another herein. Apprehending arrest in the said case, appellant had filed Crl.Misc.No.23/2024 before the Court of II Additional District and Sessions Judge, Uttara kannada, Karwar, which was rejected on 02.02.2024. Therefore, he is before this Court.

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4 - NC: 2024:KHC-D:4089 CRL.A No. 100073 of 2024

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Learned counsel for the appellant submits that

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the offence under Section 3(1)(j) of the Act of 2015 was subsequently included by the Police based on the alleged statement of victim, who is arrayed as respondent No.3 to this appeal. He submits that the complaint was lodged presuming that the accused had committed the alleged offences. He submits that the maximum punishment for the offences punishable under the Act of 2013 is imprisonment for a period of two years. Accordingly, prays to allow the appeal.

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Per contra , learned High Court Government Pleader has opposed the prayer made in the appeal. He submits that the investigation in the said case is under progress. Accordingly, prays to dismiss the appeal.

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Learned counsel for the respondent No.3victim, who has filed the affidavit of respondent No.3 submits that he has no objection to grant the relief prayed for by the appellant.

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5 - NC: 2024:KHC-D:4089 CRL.A No. 100073 of 2024

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From a reading of the complaint dated

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08.01.2024, lodged by Senior Health Inspector City Municipal Counsel, Sirsi, which has resulted in registering FIR in Crime No.06/2024 by Sirsi New Market Police Station, Uttara Kannada District, would go to show that after receiving the instructions from the higher officer, the complainant had visited the property of the appellant on 08.01.2024, wherein the appellant was allegedly constructing a new building. The complainant found that few days earlier appellant had cleared the leach pit of his old toilet, and he presumed that for the purpose of clearing the leach pit, the appellant might have used manual scavengers, and accordingly the complaint was lodged on 08.01.2024 based on which FIR was initially registered only for the offences punishable under Sections, 5, 7, 8 and 9 of the Act of 2013.

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Subsequently based on the statement of

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respondent No.3 who is the alleged victim in the present case, Police have invoked the offence punishable under

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Section 3(1)(j) of the Act of 2015 against the appellant. The respondent No.3, who had filed a memo before the trial Court stating that he has no objection to grant bail to the appellant herein has appeared before this Court and filed an affidavit and in para 3 of the said affidavit, it is stated as follows:

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“3. I further state that, the prosecution herein made allegations as on 04.01.2024, I and other coolies carried work of removing old items situated in the land of the petitioner and at that time the owner of the land removed human excreta from the insanitary latrines from us. But hereby I state that such incident has not occurred on that day in any manner and we the coolies removed old soils from the place which no were contained human excreta in any manner.”

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Therefore, a serious doubt arises as to whether

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the prosecution was justified in invoking Section 3(1)(j) of the Act of 2015 against the appellant in the present case. Under these circumstances, I am of the opinion that the

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7 - NC: 2024:KHC-D:4089 CRL.A No. 100073 of 2024

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prayer made by the appellant in the present appeal has to be granted. Accordingly the following:

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ORDER

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Appeal is allowed.

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The order dated 02.02.2024 passed in Crl.Misc.23/2024 by the Court of II Additional District and Sessions Judge, Uttara Kannada, karwar, is set aside.

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The respondent-Police or any other police in the State of Karnataka are directed to release the appellant in the event of his arrest in Crime No.06/2024 registered by Sirsi New Market Police Station, Uttara Kannada District, against the appellant and another for the offences punishable under Sections 5, 7, 8 and 9 of the Act of 2013 and Section 3(1)(j) of the Act of 2015, subject to the following conditions :

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(i) The appellant shall execute a personal bond for a sum of Rs.1,00,000/- with

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