Allowed

Khandoba S/O. Mahadevappa Revadihal v. the State of Karnataka

Karnataka HC8 Jul 2024CRL.A/100313/2024

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a criminal appeal filed under Section 14(2) of the SC and ST (POA) Act. The court examined the rejection of bail regarding allegations of insult and assault involving caste terminology. Finding insufficient evidence of caste-based motive and noting the complainant’s discharge, the court granted bail with conditions including execution of a personal bond and surr

What did the court decide?

Bail granted to the appellant on executing a personal bond of Rs. 2,00,000 with two sureties, conditioned on not threatening witnesses and surrendering within one month.

Khandoba S/O. Mahadevappa Revadihal Vs the State of… — Caste Atrocities | Karnataka HC (2024)

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NC: 2024:KHC-D:9330 CRL.A No. 100313 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8^TH DAY OF JULY, 2024 BEFORE

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THE HON'BLE MR JUSTICE S.RACHAIAH CRIMINAL APPEAL NO. 100313 OF 2024

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(U/S 14 A(2) of SC and ST ACT)

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BETWEEN:

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KHANDOBA S/O. MAHADEVAPPA REVADIHAL, AGE: 32 YEARS, OCC: BUSINESS, R/O: AT HALLIGERI VILLAGE, TQ. AND DIST. DHARWAD - 581337.

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…APPELLANT

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(BY SRI R. H. ANGADI, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA (DHARWAD RURAL POLICE STATION) REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHRWAD BENCH, DHARWAD 580011.

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FRANCIS S/O. PEDRU DODDAMANI AGE: 37 YEARS, OCC: DRIVER, R/O: TATWANIGI VILLAGE,

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CHANDRASHEKAR LAXMAN KATTIMANI

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TQ: HALIYAL, UTTARA KANNADA–581329.

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…RESPONDENTS

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HIGH COURT OF KARNATAKA

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(BY SMT.KIRTILATA R. PATIL, HCGP FOR R1; R2-SERVED)

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THIS CRIMINAL APPEAL IS FILED U/S 14 (A)(2) OF SC AND ST (POA) ACT, SEEKING TO SET ASIDE THE IMPUGNED ORDER OF REJECTION OF BAIL IN CRL.MISC.NO.230/2024 DATED 03.06.2024 BY THE COURT OF IIND ADDL. DISTRICT AND SESSIONS JUDGE DHARWAD AND SPECIAL COURT FOR TRIAL OF THE OFFENCES UNDER THE POCSO ACT AND SC AND ST (P.O.A) ACT AND CONSEQUENTLY BAIL BE GRANTED TO THE APPELLANT/ACCUSED NO.2 IN DHARWAD RURAL P.S. CRIME NO.130/2024, FOR THE ALLEGED OFFENCES PUNISHABLE U/S 506, 143, 147, 148, 149, 323, 324 OF IPC AND U/S 3(2) (v-a), 3(1)(r) (s) OF SC AND ST (PREVENTION OF ATROCITIES) ACT BY ALLOWING THIS APPEAL.

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2 - NC: 2024:KHC-D:9330 CRL.A No. 100313 of 2024

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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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Heard Sri R.H.Angadi, learned counsel for the appellant and Smt.Kirtilata R.Patil, learned High Court Government Pleader for respondent No.1/State. Though respondent No.2 served remained absent.

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The complaint filed by the complainant stating that on 17.05.2024, he had received an information that his friend was admitted to the hospital due to the accident. The complainant and his friends were going hospital to see the friend who sustained injury and admitted to the hospital. During said journey when they reached Kelageri Cross, they stopped the vehicle and went to the shop of Mahadevappa Revadihal to purchase gutkha. When the complainant was taking gutkha, he enquired as to whether Shivayyaswamy is there in the village or not. By hearing the said name, the said Mahadevappa Revadihal assaulted on the cheek of the complainant by scolding in the filthy language and also insulted by calling him as Siddi etc.

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3 - NC: 2024:KHC-D:9330 CRL.A No. 100313 of 2024

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By that time, other family members had also accompanied accused No.1 and started assaulting him indiscriminately and caused injuries on his head. The said incident was pacified by the intervention of the middlemen. The injured went to the hospital for treatment and thereafter he lodged a complaint.

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After taking treatment, he lodged a complaint before the jurisdictional police. The jurisdictional police have registered a case in Crime No.130/2024 for the offences under Section 506, 143, 147, 148, 149, 323, 324 of IPC and u/sec.3(2) (v-a), 3(1)(r) (s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The matter is pending for consideration. The investigation is under progress and charge sheet is yet to be filed.

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It is the submission of the learned counsel for the appellant that the appellant is innocent of the alleged offences. Though in the complaint, it is stated that he had been assaulted with the stone on his head, there is no overt-act regarding insulting by naming caste of the appellant and also there is no

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4 - NC: 2024:KHC-D:9330 CRL.A No. 100313 of 2024

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whisper in the said complaint that the present appellant had scolded on account of racism.

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It is further submitted that the other appellants were similarly situated have been enlarged on bail by the Trial Court and moreover, the complainant has been discharged from the hospital on the same day. The injuries allegedly sustained at the instance of appellant are simple in nature. Therefore, he may be enlarged on bail by imposing suitable conditions. Making such submission, the learned counsel for the appellant prays to allow the appeal.

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Per contra, the learned High Court Government Pleader vehemently opposed that the wound certificate indicates that the complainant/injured sustained grievous injuries. However, due to oversight, it has been wrongly mentioned the provision as Section 324 of I.P.C. instead of 326 of I.P.C. Since the appellant has committed heinous offence and also caused injuries on the vital part of the body, it is not appropriate to grant him bail. Making such submission, the learned HCGP prays to dismiss the appeal.

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5 - NC: 2024:KHC-D:9330 CRL.A No. 100313 of 2024

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Having heard the learned counsel for the respective parties and also perused the averments of the charge sheet and also the case diary made available by the learned HCGP, the averments of the complaint did not disclose the facts that the present appellant had neither scolded the complainant on the ground that he belongs to Siddi community nor assaulted and caused grievous injuries on account of his race. Though the wound certificate would disclose that the said injuries are grievous in nature, the respondent-police have registered a case against the appellant for the offence under Section 323 and 324 of I.P.C. and moreover, the complainant himself disclosed that he discharged from the hospital after taking treatment. Having considered the said aspect, it is appropriate to grant him bail by imposing suitable conditions. Hence, I proceed to pass the following:

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ORDER

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The appeal is allowed.

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The appellant is ordered to be enlarged on bail in the event of his arrest in Crime No.130/2024 of Dharwad Rural Police Station, on executing a personal bond for a sum of Rs.2,00,000/- (Rupees

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two lakhs only) with two sureties for the likesum, subject to the following conditions:

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a) The appellant shall not threaten the prosecution witnesses.

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b) The appellant shall surrender before the jurisdictional police within one month from today.

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c) On surrendering to the station, he shall execute personal bond and also furnish sureties to the satisfaction of the jurisdictional police.

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Sd/JUDGE

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CLK CT:ANB List No.: 2 Sl No.: 7

Khandoba S/O. Mahadevappa Revadihal v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Khandoba S/O. Mahadevappa Revadihal v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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