Nathappa @ Mallinath Pujari And Ors vs The State Of Karnataka And Anr on 7 January, 2025

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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 2024

and 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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