Allowed

Riyaz Ahammed S/O Abdul Rehaman Shaikh v. the State of Karnataka by Its P S I

Karnataka HC20 Feb 2024CRL.A/100074/2024

Case brief

AI extract

What is this about?

The High Court allowed criminal appeal filed by accused No.2 under Section 14-A(2) of SC/ST POA Act. The bench set aside the order rejecting bail and enlarged the appellant on bail with conditions, relying on the victim's affidavit clarifying that human excreta was not involved in the incident.

What did the court decide?

Appellant accused No.2 enlarged on bail with conditions including execution of personal bond of Rs. 1,00,000/-, regular appearance, non-tampering with witnesses, and cooperation with investigation.

Riyaz Ahammed S/O Abdul Rehaman Shaikh Vs… — Pension and Retirement Benefits | Karnataka HC (2024)

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NC: 2024:KHC-D:4097 CRL.A No. 100074 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. 100074 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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RIYAZ AHAMMED S/O ABDUL REHAMAN SHAIKH, AGED ABOUT 52 YEARS, OCC: BAR BINDING WORKER, R/O AREKOPPA, HITALGUDDE, 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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ANNAPURNA CHINNAPPA DANDAGAL

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Digitally signed by ANNAPURNA CHINNAPPA DANDAGAL Date: 2024.02.22 14:30:37 +0530

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THE STATE OF KARNATAKA BY ITS PSI, 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. …RESPONDENTS

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

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NC: 2024:KHC-D:4097 CRL.A No. 100074 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 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.2 ON REGULAR 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.

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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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Accused No.2 in Crime No.6/2024 registered by Sirsi New Market police station, Uttara Kannada district has filed this 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’) with a prayer to set aside order dated 02.02.2024 passed in Sirsi New Market P.S.Crime No.6/2024 by the Court of II Additional

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3 - NC: 2024:KHC-D:4097 CRL.A No. 100074 of 2024

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District and Sessions Judge, Uttara Kannada, Karwar and to enlarge him on regular bail in Crime No.6/2024 registered for the 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.6/2024 was registered by 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 two persons. The appellant was arrayed as accused No.2 in the FIR. He was arrested in the said case on 10.01.2024 and remanded to judicial custody. The bail application filed by him before the Court of II Additional District and Sessions Judge, Uttara Kannada, Karwar in Crime No.6/2024 was rejected on 02.02.2024. Therefore, he is before this Court.

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4 - NC: 2024:KHC-D:4097 CRL.A No. 100074 of 2024

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Learned counsel for the appellant having reiterated the grounds urged in the appeal submits that accused No.1 has been granted anticipatory bail by this Court in Crl.Appeal No.100073/2024 disposed of on 20.02.2024.

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Per contra , learned High Court Government

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Pleader has opposed the prayer made in the appeal.

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Learned Counsel for respondent No.3-victim, has filed the affidavit of respondent no.3. He has no objection to grant the relief prayed for by the appellant.

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The material on record would go to show that FIR in Crime No.6/2024 was initially registered only for the offences punishable under the provisions of the Act of 2013 against accused Nos.1 and 2. Subsequently, based on the statement of respondent No.3, who is the alleged victim in the present case, Section 3(1)(j) of the Act of 2015 was invoked against the accused by the police. Respondent No.3 who has appeared before this Court has

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NC: 2024:KHC-D:4097 CRL.A No. 100074 of 2024

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filed an affidavit and paragraph 3 of the said affidavit reads 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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Similar affidavit was filed respondent no.3 even in Crl.A.No.100073/2024. Considering this aspect of the matter, this Court has granted anticipatory bail to accused No.1. Therefore, I am of the view that the prayer made by

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the appellant herein has to be answered in the affirmative. Accordingly, the following:

ORDER

Appeal is allowed.

NC: 2024:KHC-D:4097 CRL.A No. 100074 of 2024

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The order dated 02.02.2024 passed in Crime No.6/2024 by the Court of II Additional District and Sessions Judge, Uttara Kannada, Karwar, is set aside.

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Appellant accused No.2 is directed to be enlarged on bail with conditions:

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(i) The appellant shall execute a personal bond for a sum of Rs.1,00,000/- with 01 surety for the like-sum to the satisfaction of the Investigating Officer.

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(ii) Appellant shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.

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

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(iv) Appellant shall co-operate with the Investigating Officer for the purpose of investigation in the case.

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Sd/JUDGE

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KGK

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CT:GSM