Somanna @ Somu Vs the State of Karnataka

THIS CRL.A IS FILED U/S 14(A)(2) OF SCHEDULED CASTES AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 1989 BY THE ADVOCATE FOR THE APPELLANTS PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER DTD 03.09.2025 PASSED BY THE HONBLE COURT OF SPECIAL II ADDL. DISTRICT AND SESSIONS JUDGE, CHITRADURA IN CRL.MISC.No.943/2025 REJECTING THE ANTICIPATORY BAIL APPLICATION FILED BY THE APPELLANTS; ENLARGE THE APPELLANTS ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN CONNECTION WITH CR.NO.180/2025 REGISTERED AT SRIRAMPURA P.S., CHITRADURGA, FOR THE OFFENCES P/U/S 189(2), 191(2), 115(2), 118(1), 351(2), 190 OF THE BNS, 2023, U/S 3(1)(r), 3(1)(s), 3(2)(va) OF SC/ST (POA) ACT, 1989, PENDING IN 2^ND ADDL. DISTRICT AND SESSIONS JUDGE, CHITRADURGA.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE G BASAVARAJA

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ORAL JUDGMENT

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The accused/appellants have preferred this appeal against the orders passed by the Special, II Addl. District and Sessions Judge, Chitradurga in Criminal Miscellaneous.No.943/2025 dated 03.09.2025.

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Learned counsel for the appellants would submit that the alleged commission of offences are not punishable with death or imprisonment for life and absolutely there are no prima-facie materials to attract the provisions of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, ‘1989 Act’), against these appellants. As per the averments of the complainant, one Bhagyamma who is accused No.3 has abused the victim by referring her caste. However, the Trial Court has committed an error and come to the conclusion that there are prima-facie materials to attract the alleged commission of offences against these accused under the provisions of 1989 Act. He would

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HC-KAR

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submit that the other offences are exclusively triable by the Magistrate. Further, he would submit that prior to this incident, one Soubhagya @ Bhagyamma had lodged a complaint against the son of complainant – Harish. In this regard, case was registered in Crime No.215/2023 by Srirampura Police for the commission of offences punishable under Sections 354(b), 506, 147, 148, 143, 504, 323, 324, 149 and 448 IPC. Taking revenge against these accused, the complainant has lodged a false complaint against these accused and sought for allowing this appeal.

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Learned High Court Government Pleader Sri.M.R.Patil would submit that there are no grounds to interfere with the impugned order passed by the Trial Court and sought for dismissal of the appeal.

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I have examined the material placed before this

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Court. It is the case of the complainant that on 23.07.2025 he had gone to Mathodu Government hospital

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HC-KAR

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for taking treatment and after taking treatment, at 5.30 PM he was standing near Arehalli circle at Mathodu village. At that time, accused Nos.1 to 6 came there and accused No.2 demanded him to give Rs.500/-, but complainant told that he has no money. For that, accused abused him in filthy language by taking his caste and when he questioned the same, accused No.3, by holding his collar, abused him in filthy language by taking his caste and pushed him down and accused Nos.1 and 4 by picking wooden stick assaulted on his face, hands and legs. Accused Nos.2, 3, 5 and 6 threw stone on his forehead and body and pushed him and kicked him and thereby caused severe injuries on his forehead and face. Then one Paramesh, Ananthanna, Annapurnamma, Ashoka and Manju pacified the quarrel. Accused, while going, abused him in filthy language by taking his caste name and also gave life threat. Complainant filed complaint on 24.07.2025 and it was registered at 1.00 PM.

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HC-KAR

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A perusal of the complaint makes it crystal clear

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that the accused No.3 was holding the collar of the complainant and abused him in filthy language by referring his caste and pushed him down.

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At this stage, there are no materials to show that the present appellants/accused have abused to the complainant in filthy language by referring their caste. The Trial Court has not properly appreciated the materials before this Court in accordance with law and facts. At this stage, there are no prima-facie materials to attract the alleged commission of offences under the provisions of 1989 Act. With regard to the other offences are concerned, they are not punishable with death or imprisonment for life.

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Considering the nature and gravity of the

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offences and antecedents of the appellants, I am of the opinion that it is just and proper to allow this appeal with conditions. Accordingly, I pass the following:

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HC-KAR

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ORDER

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(i) Appeal is allowed.

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(ii) The order passed by the Special, II Addl. District and Sessions Judge, Chitradurga in Criminal Miscellaneous No.943/2025 dated 03.09.2025 is set aside.

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(iii) Consequently, the application filed under Section 482 of BNSS, 2023 is allowed.

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(iv) The appellants who are the accused Nos.2, 5 and 6 shall be released on bail on executing the bond for a sum of Rs.1,00,000/- each with one surety for likesum in the event of their arrest in Crime No.180/2025 of Srirampura Police.

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