SRI JAGADISH v. THE STATE OF KARANTAKA

SRI YATISH M. N. S/O NANJUNDAIAH, AGED ABOUT 43 YEARS R/AT NO.3, 5TH CROSS, RAVINDRA NAGAR, T. DASARAHALLI, BENGLALURU-560 057. Digitally signed by SUMITHRA R Location: HIGH COURT OF KARNATAKA …APPELLANT (BY SRI RAHUL RAI K. H.C.G.P. FOR R-1 SMT. ASHIKA GURUNATH, ADVOCATE FOR SRI SIDDAMALLAPPA P. M., ADVOCATE FOR R-2) …RESPONDENTS - 2 - NC: 2024:KHC:12682 CRL.A No. 418 of 2024 THIS CRL.A. IS FILED U/S.14(A) (2) OF SC/ST (POA) ACT PRAYING TO SET ASIDE THE ORDER DATED 14.02.2024 IN CRL.MISC.NO.1246/2024 PASSED BY THE LEARNED LXX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE AT BENGALURU (CCH-71) AND TO DIRECT THE RESPONDENT POLICE TO RELEASE THE APPELLANT ON ANTICIPATORY BAIL IN THE EVENT OF HE BEING ARRESTED IN CR.NO.37/2024 FOR THE OFFENCE P/U/S 3(1)(r)(s) OF SC/ST (POA) ACT 1989 AND SEC.506, 504 OF IPC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING: JUDGMENT The appellant/accused in Crime No.37/2024 of Rajagopal Nagar Police Station has preferred this appeal under Section 14(A) (2) of SC and ST (POA) Act, 1989 praying to set aside the order dated 14.02.2024 passed by the Court of the LXX Additional City Civil and Sessions Judge and Special Judge, Bengaluru (CCH-71) Cril. Misc. No.1246/2024 and consequently, to enlarge him on bail.

2. Heard the learned counsel for the appellant, learned High Court Government Pleader respondent/State and the learned counsel appearing for - 3 - NC: 2024:KHC:12682 CRL.A No. 418 of 2024 respondent No.2-defacto complainant and perused the material on record.

The brief averments of the complaint are that, the complainant belongs to scheduled caste and is working in one Jenit Precesion Pvt. Ltd situated at Peenya Industrial Area, Rajagopal Nagara, Bengaluru. On

17.01.2024 as he was having first shift, went for work at

6.00 am. At about 8.30 am - 9.00 am he went to the company canteen to have Tiffin. Since the canteen was run out of food, he along with one Sri. Sharanappa stepped out of the canteen to have Tiffin out side. At about 9.10 am, when they were near the company gate, the accused working as HR in the company came and started abusing him using filthy language referring to his caste, saying that they will not serve Tiffin to him and he will be removed from the job etc. It is further alleged that earlier on 08.01.2024, the accused had abused one Sri. Ashok Nair referring to his caste etc. - 4 - NC: 2024:KHC:12682 CRL.A No. 418 of 2024

The incident is alleged to have taken place on

17.01.2024. The complaint is lodged after ten days i.e., on

27.01.2024. In the complaint it is stated that since the complainant was scared, he did not lodge the complaint immediately. It can be seen from the complaint that the complainant took one Sri. Nagaraj.R said to be the President of Dalita Samrakshana Samiti, to the police station and lodged the complaint, which is after ten days.

The prayer for bail is opposed by the learned High Court Government Pleader and the learned counsel for respondent No.2. They contended that there are witnesses to speak about the incident, which took place on

17.01.2024 and in view of the specific caste based abuse made by the accused, he is not entitled for the relief of anticipatory bail in view of the bar under Section 18 and 18A of SC/ST (POA) Act, 1989.

The learned counsel for the appellant has filed a memo along with a certificate and documents pertaining to the appellant, to contend that even the appellant belongs - 5 - NC: 2024:KHC:12682 CRL.A No. 418 of 2024 to Bhovi community coming under Scheduled Caste and therefore, the provisions the SC/ST (POA) Act are not applicable.

Be that as it may, there is an inordinate delay in lodging the complaint. The incident appears to have taken place, when the accused was questioned by the complainant after noticing him out side the company premises. It cannot be said that the incident took place for on the reason that the complainant belongs to Scheduled Caste or Scheduled Tribe. According to the complaint, he was abused by the accused referring to him as he belongs to valageri caste and no Tiffin would be provided to him etc. It is not forthcoming as to how the accused knew the caste of the complainant. Intention to insult or humiliate the complainant owing to his caste is not made out at this stage. Considering the facts and circumstances of the case, the relief sought by the appellant can be granted by imposing conditions. Accordingly, the following order: - 6 - NC: 2024:KHC:12682 CRL.A No. 418 of 2024 ORDER i) Appeal is Allowed. ii) The order dated 14.02.2024 passed by the Court of the LXX Additional City Civil and Sessions Judge Special Judge Bengaluru (CCH-71) Crl. Misc No.1246/2024 is set aside. iii) The appellant/accused is directed to be released in the event of his arrest in Crime No.37/2024 of Rajagopal Nagar Police Station, subject to the following conditions: i. He shall appear before the Investigating officer within a period of one week from the date of receipt of a copy of this order and shall execute a personal bond in sum of Rs.1,00,000/- with two sureties. ii. He shall cooperate with the investigation and shall not tamper with the prosecution witnesses in any manner. - 7 - NC: 2024:KHC:12682 CRL.A No. 418 of 2024 iii. He shall be available for investigation of the case, whenever required. iv. He shall furnish proof of his residential address and shall inform the I.O/Court regarding change in the address, if any. v. He shall appear before the Court on every date of hearing, without fail. SD/- JUDGE KBM List No.: 1 Sl No.: 34