Criminal Appeal No. 2435 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:4238 CRL.A No. 2435 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE V SRISHANANDA CRIMINAL APPEAL NO.2435 OF 2024 BETWEEN: …APPELLANT UDAYA ALIYAS SHARAVAN L, S/O LOKANATH, AGED ABOUT 35 YEARS, R/AT NO. 21ST, 11TH CROSS, B.K. NAGAR, YESHWANTPURA, BANGALORE - 560 022. (BY SRI. SOMASHEKAR T, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY YESHWANTHPURA POLICE STATION BENGALURU, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. SMT. MANGALAMMA, W/O RUDRESH AGED ABOUT 33 YEARS GANESH BUILDING, BESIDES MARUTHI MEDICAL STORE, 1ST CROSS, 1ST MAIN, COCUNT GARDEN, DASARAHALLI, BANGALORE - 560 057. Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA
Legal Reasoning
prima facie materials so as to invoke the bar under Section 18 of the Act of 1989 and sought for allowing the appeal. 9. Per contra, Sri. Rudrappa, learned counsel for respondent No.2 and learned HCGP opposed the bail grounds by reiterating the contents urged in the objection statement. 10. In the light of the rival contentions of the parties, this Court perused the material on record meticulously. On careful reading of the complaint averments, it is to be noted that the offences that has been alleged which would act as a bar under Section 18 of the Act of 1989, is Section 3(1)(s) of the said Act. 11. For ready reference, Section 3(1)(s) is culled out hereunder: - 7 - NC: 2025:KHC:4238 CRL.A No. 2435 of 2024 "3. Punishments for offences atrocities. – 3(1) Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe,— (a) to (r) xxx (s) abuses any member of a Scheduled Caste or a Scheduled Tribe by caste name in any place within public view." 12. The complaint averments would not depict that there were others who had witnessed the incident as admittedly, it is the respondent No.2 alone who met the appellant near the Dharmarayaswamy Temple. 13. Further, in the complaint averments also, there is no caste name taken out by the appellant and all that it has been found from the complaint averments is that "¤Ã£ÀÄ QîÄeÁwUÉ ¸ÉÃjzÀªÀ¼ÀÄ *** *** ¤£ÉÆßA¢UÉ EµÀÄÖ ¢£À ªÀiÁvÀ£ÁrzÉÝà CªÀªÀiÁ£À". These words prima facie would not act as a bar under Section 18 of the Act of 1989, as causing insult in the public view by taking out the caste name is what is the essence of the offence under Section 3(1)(s) of the said Act. Therefore, the embargo in - 8 - NC: 2025:KHC:4238 CRL.A No. 2435 of 2024 entertaining the anticipatory bail request made by the appellant would not be available in the case on hand. 14. Having said thus, the other offences are not so grave enough so as to deny the anticipatory bail request. The material on record would also show that the investigation is crippled for want of presence of the appellant. Therefore, ends of justice would be met if the appellant is directed to join the investigation and undergo custodial interrogation for a limited period and thereafter be let on bail. 15. Accordingly, without expressing any further opinion on the merits of the matter, following order is passed:
Arguments
(BY SRI. CHANNAPA EERAPPA, HCGP FOR R1; SRI. RUDRAPPA P, ADVOCATE FOR SRI. SHIVARAJAPPA, ADVOCATE FOR R2) …RESPONDENTS - 2 - NC: 2025:KHC:4238 CRL.A No. 2435 of 2024 THIS CRL.A IS FILED U/S.14(A) (2) OF SC/ST (POA) ACT, 2015 PRAYING TO ENLARGE THE APPELLANT ON BAIL IN CRIME NO.403/2024 DATED 04.12.2024 REGISTERED BY THE YESHWANTHAPURA POLICE STATION REGISTERED FOR THE OFFENCE P/US/ 115(2), 126(2), 351(3), 352 OF BNS AND SEC.3(1)(r)(s) OF SC/ST (POA) ACT PENDING ON THE FILE OF THE CCH-71 ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE V SRISHANANDA ORAL JUDGMENT Heard learned counsel for the parties. 2. This appeal is filed by the accused under Section 14(A)(2) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the Act of 1989') with following prayer: "To set aside the order dated 19.12.2024, passed in Crl.Misc.No.11263/2024 by LXX Addl. City Civil & Sessions Judge and Spl. Judge, Bengaluru, and enlarge the appellant on bail in Cr.No.403/2024 dated 04.12.2024, registered by the Yeshwanthpura Police Station for the offences punishable under Sections - 3 - NC: 2025:KHC:4238 CRL.A No. 2435 of 2024 115(2), 126(2), 352 and 351(3) of the BNS, 2023 and 3(1)(r)(s) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 pending on the file of the CCH-71 LXX Additional City Civil & Sessions Judge, Bengaluru". 3. The facts in brief which are utmost necessary for disposal of the appeal are as under: A complaint came to be lodged by respondent No.2 – Mangalamma, W/o. Rudresh aged 33 years with Yeshwanthpura Police Station contending that the appellant represented himself as an official in a reputed company which is in the business of Event Management. At that juncture, he came to know about the caste of respondent No.2 and he introduced himself that he belonged to Reddy community. After the acquaintance, the friendship continued and appellant is said to have sought for a sum of Rs.60,000/- as urgent financial need on account of ill-health of his mother and she has paid the same through phone pe. A sum of Rs.1,90,000/- was also paid over a period of time by respondent No.2 to the - 4 - NC: 2025:KHC:4238 CRL.A No. 2435 of 2024 appellant which fact is known to her co-employees namely Savitha, Seetha, Sumithra, Mamatha and Anand. 4. When the appellant failed to repay the same, there were demands. When the matter stood thus, the appellant said to have told the respondent No.2 to come near Dharmarayaswamy Temple in Yeshwanthpura on 30.11.2024, where he would arrange the money to be repaid. 5. Believing the words of the appellant, respondent No.2 proceeded to the said spot at about 7.30 p.m. The appellant was present there and he told the respondent No.2 that he would not pay any money and started assaulting the respondent No.2, pulled her veil and also took her mobile phone and threw away on the ground. It is also contended by respondent No.2 that in the said quarrel, the appellant said to have hurled the words "¤Ã£ÀÄ QîÄeÁwUÉ ¸ÉÃjzÀªÀ¼ÀÄ *** *** ¤£ÉÆßA¢UÉ EµÀÄÖ - 5 - NC: 2025:KHC:4238 CRL.A No. 2435 of 2024 ¢£À ªÀiÁvÀ£ÁrzÉÝà CªÀªÀiÁ£À" and also abused her in filthy language. 6. Based on the said complaint, Yeshwanthpura Police registered a case in Cr.No.403/2024 for the offences punishable under Sections 115(2), 126(2), 352 and 351(3) of the BNS, 2023 and for the offence punishable under Sections 3(1)(r)(s) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the Act of 1989'). 7. The appellant approached the learned Special Judge with a request for grant of anticipatory bail which was opposed by the prosecution and defacto complainant. Learned Judge after hearing the parties, noted that prima facie materials available on record would act as a bar in entertaining the anticipatory bail petition in view of Section 18 of the Act of 1989 and rejected the request of the appellant. Thereafter, the appellant is before this Court. - 6 - NC: 2025:KHC:4238 CRL.A No. 2435 of 2024 8. Learned counsel for the appellant would contend that even if the entire contents of the complaint is taken as true for the sake of arguments, the material on record would not depict any material whatsoever, much less,
Decision
Order i) The appeal is allowed. ii) The appellant is directed to join the investigation on 17.02.2025, by appearing before the Investigating Officer in Yeshwanthpura Police Station at 10 a.m. Investigation Officer is at liberty to take - 9 - NC: 2025:KHC:4238 CRL.A No. 2435 of 2024 him to custody if need be and complete the custodial investigation on the same day before 4.00 p.m. and thereafter enlarge the appellant on bail on getting a bond executed in a sum of Rs.50,000/- with one surety for the like sum to his satisfaction. The appellant shall cooperate with the investigation in all respects. The appellant shall attend the Court regularly. The appellant shall mark his attendance every third Sunday between 10.00 a.m. and 2.00 p.m. before the Investigating Officer, till the charge sheet is filed. The appellant shall not threaten the prosecution witnesses in any manner. The appellant shall not leave the Bengaluru Urban District jurisdiction, without prior permission. Ordered accordingly. Sd/- (V SRISHANANDA) JUDGE iii) iv) v) vi) vii) RD