Karnataka High Court
Nathappa @ Mallinath Pujari And Ors vs The State Of Karnataka And Anr on 7 January, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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CRL.A No. 200286 of 2024
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 7TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL APPEAL NO.200286 OF 2024 [U/S 14 (A)(2)]
BETWEEN:
1. SRI NATHAPPA @ MALLINATH PUJARI,
S/O CHANDAPPA PUJARI,
AGED ABOUT 33 YEARS, OCC: AGRICULTURE,
2. SRI SIDDU HARWAL S/O GOLLAPPA HARWAL,
AGED ABOUT 24 YEARS, OCC: AGRICULTURE,
3. SRI SIDDAROD S/O MALAKANNA KALLUR,
AGED ABOUT 26 YEARS, OCC: AGRICULTURE,
4. SRI NINGAPPA S/O BUTALI PUJARI,
AGED ABOUT 25 YEARS, OCC: STUDENT,
Digitally signed by 5. SRI MANJUNATH S/O BUTALI PUJARI,
SHILPA R TENIHALLI
Location: HIGH AGED ABOUT 21 YEARS, OCC: AGRICULTURE,
COURT OF
KARNATAKA
6. SRI MALLU @ MALLAPPA @ MALLIKARJUN,
S/O SHIVASHARANAPPA MALIPATIL,
AGED ABOUT 21 YEARS, OCC: STUDENT
ALL ARE R/O. GUDUR (SN) VILLAGE,
TQ. JEWARGI, DIST. KALABURAGI 585310.
...APPELLANTS
(BY SRI ARUNKUMAR AMARGUNDAPPA, ADVOCATE)
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CRL.A No. 200286 of 2024
AND:
1. THE STATE OF KARNATAKA,
THROUGH SHO, NELOGI POLICE STATION,
TQ. JEWARGI, DIST. KALABURAGI,
REPT. BY ITS ADDL. SPP,
HIGH COURT BENCH, KALABURAGI-585102.
2. SRI CHIDANAND S/O NAGAPPA KAMBLE,
AGED ABOUT 25 YEARS, OCC: STUDENT,
R/O.GUDUR (SN) VILLAGE TQ. JEWARGI,
DIST. KALABURAGI-585310.
...RESPONDENTS
(BY SRI VEERANAGOUDA MALIPATIL, HCGP FOR R1
R2 SERVED)
THIS CRL.A IS FILED U/SEC. 14-A(2) OF SC/ST (POA)
ACT, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED
01.10.2024 IN CRL.MISC.NO.1516/2024 (ARISING OUT OF
CRIME NO.63/2024 AND SPL.C. (SC/ST) NO.42/2024 ) PASSED
BY THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE,
KALABURAGI BY ALLOWING THIS APPEAL CONSEQUENTLY
ENLARGE THE APPELLANTS / ACCUSED NO.3, 4 AND 6 TO 9 ON
ANTICIPATORY BAIL IN CRIME NO.63/2024 AND SPL.C (SC/ST)
42/2024 PENDING ON THE FILE OF II ADDITIONAL DISTRICT
AND SESSIONS JUDGE, KALABURAGI, FOR THE OFFENCES
PUNISHABLE U/SECS. 143, 147, 148, 323, 324, 354, 504, 506
R/W 149 OF IPC AND SECTION 3(1)(r), (s) AND (w) OF SC/ST
(POA) ACT, 1989 REGISTERED BY THE RESPONDENT NELOGI
P.S.
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CRL.A No. 200286 of 2024
THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
ORAL JUDGMENT
(PER: HON’BLE MR. JUSTICE S.VISHWAJITH SHETTY)
Accused Nos.3, 4 and 6 to 9 in Special Case (SC/ST)
No.42/2024, pending before the Court of II Additional
District and Sessions Judge and Special Judge, Kalaburagi
arising out of Crime No.63/2024 registered by Nelogi
police station, Kalaburagi for the offences punishable
under Sections 143, 147, 148, 323, 324, 354, 504, 506
read with Section 149 of IPC Section 3(1)(r), 3(1)(s) and
3(1)(w) of Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989 (for short ‘SC/ST
(POA) Act ‘) are before this Court in this appeal filed under
Section 14-A(2) of the SC/ST (POA) Act.
2. Heard learned counsel for the appellants and
learned High Court Government Pleader for respondent
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CRL.A No. 200286 of 2024
No.1. Respondent No.2, who is served in the matter, has
remained unrepresented before this Court.
3. Learned counsel for the appellants submits that
even if the averments made in the FIR and allegations
found in the charge sheet are prima facie presumed to be
true, the alleged offences punishable under the provisions
of the SC/ST (POA) Act will not get attract as against the
appellants herein. He submits that the appellants do not
have any criminal antecedents. Accused Nos.1, 2, 5 and
10 to 13, as against whom allegations are made about
abusing the first informant and his family members have
been granted regular bail by the Trial Court. He submits
that the investigation of the case is already completed and
since non bailable warrant has been issued by the Trial
Court, the appellants apprehend their arrest in the present
case. Therefore, he prays to allow the appeal.
4. Per contra, learned High Court Government
Pleader has opposed the appeal. He submits that the
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CRL.A No. 200286 of 2024
appellants have not cooperated with the police for the
purpose of investigation and therefore, they have been
treated as absconding accused. He submits that in view of
bar under Section 18 of the SC/ST (POA) Act, anticipatory
bail cannot be granted to the appellants.
5. FIR has been registered in the present case by
Nelogi Police Station, Kalaburagi for the aforesaid offences
on the basis of the first information dated 29.03.2024
received from respondent No.2 herein. Perusal of the
typed copy of the first information dated 29.03.2024
would go to show that allegations of abusing the first
informant and his family members with reference to their
caste is made against accused Nos.1, 2, 5 and 10 to 13.
Accused Nos.1, 2, 5 and 10 to 13, who where arrested in
the present case have been granted regular bail by the
Trial Court. The appellants herein are accused Nos.3, 4
and 6 to 9 and there is no allegation as against them in
the first information about they abusing the first informant
or his family members with reference to their caste, which
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CRL.A No. 200286 of 2024
would prima facie attract the provisions of the SC/ST
(POA) Act. The only allegation against the appellants
herein is that along with other accused persons, they had
assaulted the first informant and four others. It is not in
dispute that as a result of assault made by accused
persons, the injured have sustained only simple injuries.
It is also not in dispute that the appellants herein did not
have any criminal antecedents and they are all
agriculturists by avocation.
6. Under the circumstances, I am of the opinion
that rigor under Section 18 of the SC/ST (POA) Act cannot
be made applicable to the appellants and therefore, the
prayer made by them for grant of anticipatory bail needs
to be answered affirmatively. Accordingly, following order
is passed:
ORDER
The criminal appeal is allowed. The order dated
01.10.2024, passed by the Court of II Additional District
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CRL.A No. 200286 of 2024and Sessions Judge, Kalaburagi in Crl.Misc.No.1516/2024
is set-aside.
The respondent – Police or any other police in the
State of Karnataka are directed to release the appellants
in the event of their arrest in Crime No.63/2024
registered by Nelogi Police Station, Kalaburagi, for the
offences punishable under Sections 143, 147, 148, 323,
324, 354, 504, 506 read with Section 149 of IPC and
Sections 3(1)(r), 3(1)(s) and 3(1)(w) of the SC/ST (POA)
Act, pending on the file of II Additional District and
Sessions Judge, Kalaburagi in Special Case (SC/ST)
No.42/2024, subject to the following conditions:
1. Appellants shall appear before the
Investigating Officer within 15 days from the
date of receipt of certified copy of this order and
shall execute a personal bond for a sum of
Rs.50,000/- each with two sureties for the
likesum to the satisfaction of the investigating
officer.
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CRL.A No. 200286 of 2024
2. Appellants shall regularly appear before the
Trial Court without fail unless exempted by the
Trial Court for valid reasons.
3. Appellants shall not tamper with the
prosecution witnesses and they shall co-operate
with the police for investigation and appear
before them whenever called upon.
4. Appellants shall not involve in similar
offences in future.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
SRT
List No.: 1 Sl No.: 13
CT:PK
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