Allowed

Saibanna v. State through University Ps

Karnataka HC27 Aug 2024CRL.A/200201/2024

Case brief

AI extract

What is this about?

The appellant, charged with offences under IPC and the SC/ST Act, sought anticipatory bail after rejection by the Sessions Court. The High Court noted that co-accused with similar allegations had been granted bail. The Court allowed the appeal, set aside the rejection, and granted anticipatory bail subject to conditions.

What did the court decide?

Anticipatory bail granted subject to appearing before IO, executing bonds, and cooperation with investigation.

Saibanna Vs State through University Ps — Caste Atrocities | Karnataka HC (2024)

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NC: 2024:KHC-K:6306 CRL.A No. 200201 of 2024

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IN THE HIGH COURT OF KARNATAKA,

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KALABURAGI BENCH

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DATED THIS THE 27^TH DAY OF AUGUST, 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. 200201 OF 2024

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BETWEEN:

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SAIBANNA S/O DEEPANNA TALWAR AGE: 25 YEARS OCC: LABOUR RESIDENCE OF SANNUR VILLAGE, TALUKA AND DISTRICT KALABURAGI, PIN - 585 103.

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…APPELLANT

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(BY SRI BASAVALING NASI, ADV.)

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AND:

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Digitally signed by NANDINI MS Location: High Court of Karnataka

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STATE THROUGH UNIVERSITY P.S KALABURAGI, REPRESENTED BY ADDL. SPP, HIGH COURT OF KARNATAKA AT KALABURAGI BENCH - 585 102.

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AKASH S/O DASHARATH RATHOD AGE. 20 YEARS OCCUPATION DRIVER RESIDENCE OF SANNUR TANDA TQ AND DIST KALABURAGI PIN CODE - 585 103.

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…RESPONDENTS

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(BY SMT. AMITHA M. REDDY, HCGP FOR R-1; NOTICE TO R-2 IS H/S V/O DTD: 27.08.2024)

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THIS CRL.A IS FILED U/SEC.14 OF SC/ST (PA) ACT, PRAYING TO THE APPEALS ALLOWED AND SET ASIDE ORDER DATED 6.7.2024 IN CCRL.MISC.NO.999/24 PASSED BY THE COURT II ADDL. DIST. AND SESSIONS JUDGE KALABURAGI TO ENLARGE THE APPELLANT

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NC: 2024:KHC-K:6306 CRL.A No. 200201 of 2024

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ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST UNIVERSITY P.S. IN BEARING CRIME NO.25/2024 FOR ALLEGED OFFENCE U/S 143, 147, 148, 341, 323, 307, 504, 506, 109, 149 IPC 1860 R/W SEC. 3(1)(r)(s). 3(2)(v) OF SCST ACT, PENDING ON THE FILE OF II ADDL. DISTRICT AND SESSION JUDGE AT KALABURAGI IN THE INTEREST OF JUSTICE AND EQUITY AT KALABURAGI.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)

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Accused No.7 in Crime No.25/2024 registered by

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University Police Station, Kalaburagi District for the offences punishable under Sections 143, 147, 148, 341, 323, 324, 307, 504, 506, 109 R/w 149 of IPC and Sections 3(1)(r)(s), 3(2)(v) of the SC & ST (Prevention of Atrocities) Act, 1989, is before this Court in this appeal seeking anticipatory bail.

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Heard the learned counsel appearing for the appellant and the learned HCGP for respondent No.1 - State. Respondent No.2, who is served in the matter is unrepresented before this Court.

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FIR in Crime No.25/2024 was registered by University Police Station for the aforesaid offences against

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NC: 2024:KHC-K:6306 CRL.A No. 200201 of 2024

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Jagadish and 6 others and in the FIR, appellant is arraigned as accused No.7. Apprehending his arrest, the appellant had field Crl.Misc.No.999/2024 before the jurisdictional Sessions Court, which was rejected on 06.07.2024. Therefore, the appellant is before this Court.

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Learned counsel for the appellant submits that allegation against accused No.7 and accused Nos.5 and 6 are similar. Accused Nos.5 and 6 have been granted anticipatory bail by this Court in Crl.A.No.200125/2024. He submits that accused Nos.1 to 4 have been granted regular bail by the jurisdictional Sessions Court. Accordingly, he prays to allow the appeal.

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Per contra, learned HCGP who has opposed the appeal however, does not dispute the submission made by learned counsel for the appellant.

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From a perusal of the charge sheet, it is apparent that allegations against the appellant herein and the allegation against accused Nos.5 and 6 are almost similar. There is no specific allegation of any overt act against the appellant herein. Accused Nos.5 and 6 have been granted anticipatory bail by

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4 - NC: 2024:KHC-K:6306 CRL.A No. 200201 of 2024

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this Court in Crl.A.No.200125/2024 disposed of on 29.05.2024. Accused Nos.1 to 4 are said to have been granted regular bail by the jurisdictional Sessions Court. Considering the nature of allegations found against the appellant and also having regard to the fact that accused Nos.5 and 6 have been granted anticipatory bail, I am of the opinion that the prayer made in the present appeal needs to be answered affirmatively. Accordingly, the following order:-

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The appeal is allowed. The order dated 06.07.2024 passed in Crl.Misc.No.999/2024 by the II Additional District and Sessions Judge, Kalaburagi is set- aside. The appeal is allowed. 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.25/2024 registered by University Police Station, Kalaburagi District for the offences punishable under Sections 143, 147, 148, 341, 323, 324, 307, 504, 506, 109 R/w 149 of IPC and Sections 3(1)(r)(s), 3(2)(v) of the SC & ST (Prevention of Atrocities) Act, 1989, subject to the following conditions:

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NC: 2024:KHC-K:6306 CRL.A No. 200201 of 2024

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The appellant shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the investigating officer.

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The appellant shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.

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The appellant shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon.

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The appellant shall not involve in similar offences in future;

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SD/-

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(S.VISHWAJITH SHETTY) JUDGE

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Saibanna v. State through University Ps

Case brief

What is this about?

What did the court decide?

Saibanna v. State through University Ps

Case brief

What is this about?

What did the court decide?

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