High Court allowed appeal seeking anticipatory bail under SC/ST (POA) Act. It set aside rejected order of Sessions Judge, held Section 18 bar inapplicable, and granted bail with bond conditions.
Anticipatory bail granted in Crime No.157/2024 subject to personal bond of Rs.1,00,000 with one surety and appearance within fifteen days.
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.
NC: 2024:KHC:42398 CRL.A No. 1714 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL APPEAL No. 1714 OF 2024
BETWEEN:
DINESH S/O RAMESH AGED ABOUT 25 YEARS R/AT THORADI VILLAGE KASABA HOBLI, MULBAGAL TALUK KOLAR DISTRICT – 563 101.
…APPELLANT
(BY SRI NARAYANASWAMY K N, ADVOCATE)
AND:
Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SRI K NAGESHWARAPPA, HCGP FOR R-1 R-2 SERVED AND UNREPRESENTED)
THIS CRL.A IS FILED U/S.14(A)(2) OF SC/ST (POA) ACT PRAYING TO SET ASIDE THE ORDER DATED 20.08.2024 IN CRL.MISC.No.682/2024 PASSED BY THE HON’BLE II ADDITIONAL DISTRICT AND SESSIONS JUDGE AT KOLAR AND ENLARGE THE APPELLANT ON ANTICIPATORY BAIL, FOR THE OFFENCES P/U/S 307, 504, 506 OF IPC, U/S 3(1)(r)(s), 3(2)(v) OF SC/ST (POA) ACT, 1989, AND DIRECT THE RESPONDENT No.1 POLICE TO RELEASE THE APPELLANT ON BAIL IN THE EVENT OF HIS ARREST IN CR.No.157/2024 OF MULBAGAL RURAL POLICE STATION AND PENDING ON THE FILE OF II ADDITIONAL DISTRICT AND SESSIONS JUDGE AT KOLAR AND ETC.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL JUDGMENT
set-aside the order dated 20.08.2024 passed in Crl.Misc.No.682/2024 by the II Additional District and Sessions Judge, Kolar, whereunder, the anticipatory bail petition of this appellant – accused sought in respect of Crime No.157/2024 of Mulbagal Rural Police Station registered for the offences punishable under Sections 307, 504 and 506 of the Indian Penal Code, 1860 (for short hereinafter referred to as ‘IPC’) and Sections 3(1)(r)(s)
and 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short hereinafter referred to as “the SC/ST Act”) , came to be rejected .
NC: 2024:KHC:42398 CRL.A No. 1714 of 2024
spot. The said complaint came to be registered in Crime No.157/2024 for the offences noted supra . The appellant
– accused apprehending his arrest filed the anticipatory bail petition and the same came to be rejected by the impugned order.
for respondent No.1 – State contends that the very fact of
the appellant – accused going to the spot, hiding the machete in the clothes, itself would indicate that he had intention to assault and commit murder of the complainant. The appellant – accused assaulted the complainant with machete on his hands and neck and caused injuries itself indicate that he had intention to commit his murder. The custodial interrogation of the appellant – accused is required and his presence is required to seize the weapon used for committing the offences. On this ground, he prayed to dismiss the appeal.
the investigation is completed and the charge sheet has been filed. A copy of the wound certificate made available by the learned High Court Government Pleader would indicate that the complainant has sustained two injuries, one on the right forearm and it is a laceration and another on anterior aspect of left shoulder and it is abrasion. Out of those two injuries, one is stated to be grievous another is simple injury. Considering the said wound certificate, the injuries said to have been caused by the appellant – accused are not on vital part. Even though there is allegation of assault on the neck of the complainant, but no corresponding injuries are found in the wound certificate. As the charge sheet is filed, the appellant – accused is not required for the custodial interrogation. The appellant – accused has made out a case for grant of anticipatory bail with conditions. In view of the above, the, following;
ORDER
The appeal is allowed . The impugned order dated 20.08.2024 passed in Crl.Misc.No.682/2024 by the II
NC: 2024:KHC:42398 CRL.A No. 1714 of 2024
Additional District and Sessions, Kolar is set-aside. Consequently, the appellant – accused is granted anticipatory bail in Crime No.157/2024 of Mulbagal Rural Police Station, subject to the following conditions:
(i) The appellant – accused shall voluntarily appear before the jurisdictional Court / Investigation officer and execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only), with one surety for the likesum.
(ii) The appellant – accused shall appear before the jurisdictional Court / Investigation Officer within fifteen days from today.
(iii) The appellant – accused shall not tamper the prosecution witnesses.
(iv) The appellant – accused shall appear before the jurisdictional Court on all the dates of hearing, unless exempted and co-operate in speedy disposal of the case.
Sd/-
(SHIVASHANKAR AMARANNAVAR) JUDGE
GH
List No.: 1 Sl No.: 18
3 issues framed by the court
Whether anticipatory bail should be granted to the appellant accused facing charges under Sections 307, 504, 506 IPC and SC/ST Act given pending investigation and alleged assault.
Whether Section 18 bar of the SC/ST (POA) Act applies to the facts of the case barring the grant of anticipatory bail.
Whether custodial interrogation of the accused is required despite completion of charge sheet filing and non-vital nature of injuries.
6 provisions across 2 enactments
Dinesh S/O Ramesh
The State of Karnataka
Sri Anil Kumar S/O Srinivas
Shivashankar Amarannavar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
