Legally Bharat

Karnataka High Court

Jakkappa S/O Mallikarjun Walikar vs State Of Karnataka on 10 September, 2024

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                                                             NC: 2024:KHC-D:12965
                                                       CRL.A No. 100440 of 2024
                                                   C/W CRL.A No. 100460 of 2024



                           IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
                             DATED THIS THE 10TH DAY OF SEPTEMBER, 2024
                                                BEFORE
                                  THE HON'BLE MS. JUSTICE J.M.KHAZI
                                 CRIMINAL APPEAL NO.100440 OF 2024
                                     (U/S 14 A(2) of SC and ST ACT)
                                                 C/W
                                 CRIMINAL APPEAL NO.100460 OF 2024

                      IN CRL. APPEAL NO.100440 OF 2024
                      BETWEEN:
                      SRI SANTOSH S/O. APPASAHEB GANGANAMALLI,
                      AGE. 33 YEARS, OCC. GOVERNMENT SERVANT,
                      R/O. KALLAKAVATAGI, TAL. TIKOTA,
                      DIST. VIJAYAPURA-586114.
                                                                        ...APPELLANT
                      (BY SRI SRINAND A.PACHCHAPURE, ADV. FOR APPELLANT)

                      AND:
                      1.   THE STATE OF KARNATAKA,
                           THROUGH SAVALAGI POLICE STATION,
                           NEW REP. BY STATE PUBLIC PROSECUTOR,
                           HIGH COURT OF KARANTAKA DHARWAD,
                           BENCH AT DHARWAD-580011.
Digitally signed by   2.   SRI MACCHINDRA S/O. SANTAPPA ZANDE,
BHARATHI H M               AGE. 51 YEARS, OCC. FARMER/COOLIE,
Location: HIGH
COURT OF                   R/O. KALLAKAVATAGI, TAL. TIKOTA,
KARNATAKA                  DIST. VIJAYAPURA-586114.
                                                                      ...RESPONDENTS
                      (BY SRI JAIRAM SIDDI, HCGP FOR RESPONDENT NO.1;
                          SRI. A.L. SANDRIMANI, ADV. FOR RESPONDENT NO.2)

                           THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14(A)(2)
                      OF SC/ST (PREVENTION OF ATROCITIES) ACT, SEEKING TO SET
                      ASIDE THE ORDER DATED 13.08.2024 PASSED BY THE COURT OF II
                      ADDL. DISTRICT AND SESSIONS JUDGE, BAGALKOTE IN CRL. MISC
                      NO.369/2024   AND   GRANT   ANTICIPATORY    BAIL  TO   THE
                      APPELLANT/ACCUSED NO.4 IN THE EVENT OF HIS ARREST IN CRIME
                      NO.77/2024 REGISTERED FOR THE OFFENCE P/U/SEC. 306 OF IPC
                      AND UNDER SECTION 3(2)(V-A) OF SC/ST (POA) AMENDMENT ACT,
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                                          NC: 2024:KHC-D:12965
                                  CRL.A No. 100440 of 2024
                              C/W CRL.A No. 100460 of 2024



BY THE SAVALAGI POLICE, PENDING ON THE FILE OF COURT OF II
ADDL. DISTRICT AND SESSIONS JUDGE, BAGALKOTE, IN THE ENDS
OF JUSTICE.

IN CRL. APPEAL NO.100460 OF 2024
BETWEEN:
1.   JAKKAPPA S/O. MALLIKARJUN WALIKAR,
     AGE. 36 YEARS, OCC. AGRICULTURE,
     R/O. KALLAKAVATAGI, TQ. TIKOTA
     DIST. VIJAYAPUR-586114.
2.   BANU @ BANUSHA S/O. BHARATH SONANDAKAR,
     AGE. 31 YEARS, OCC. AGRICULTURE,
     R/O. KALLAKAVATAGI, TQ. TIKOTA,
     DIST. VIJAYAPUR-586114.
                                                  ...APPELLANTS
(BY SRI GIRISH A.YADAWAD, ADV. FOR APPELLANTS)
AND:
1.   STATE OF KARNATAKA,
     REPRESENTED BY ITS PUBLIC PROSECUTOR,
     HIGH COURT BUILDING, DHARWAD,
     THROUGH PSI, SAVALAGI POLICE STATION,
     DIST. BAGALKOT-587301.
2.   MACHINDRA S/O. SANTAPPA ZANDE,
     AGE. 51 YEARS, OCC. AGRICULTURE,
     R/O. KALLAKAVATAGI, TQ.TIKOTA,
     DIST. VIJAYAPUR-586114.
                                                ...RESPONDENTS
(BY SRI JAIRAM SIDDI, HCGP FOR RESPONDENT NO.1;
    SRI ANAND L.SANDRIMANI, ADV. FOR RESPONDENT NO.2)

      THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14 A(2) OF
SC/ST (PREVENTION OF ATROCITIES) ACT, SEEKING TO DIRECT
THE SAVALAGI POLICE TO RELEASE THE APPELLANTS (ACCUSED
NO.1 AND 2) ON BAIL IN THE EVENT OF THEIR ARREST IN RESPECT
OF SAVALAGI PS CRIME NO.77/2024 REGISTERED FOR THE
OFFENCE PUNISHABLE UNDER SECTIONS 306 OF IPC, 1860 AND
SECTION 3(2)(VA) OF THE SC AND ST (PREVENTION OF
ATROCITIES) AMENDMENT ACT, 2015, PENDING ON THE FILE OF
PRL. DISTRICT AND SESSIONS COURT, BAGALKOTE AND ETC.,

     THESE CRIMINAL APPEALS, COMING ON FOR DICTATING
JUDGMENT, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
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                                            NC: 2024:KHC-D:12965
                                     CRL.A No. 100440 of 2024
                                 C/W CRL.A No. 100460 of 2024



CORAM:     THE HON'BLE MS. JUSTICE J.M.KHAZI

                         ORAL JUDGMENT

(PER: THE HON’BLE MS. JUSTICE J.M.KHAZI)

In these two appeals filed under Section 14 A(2) of

the Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities) Act, 1989, (for short ‘SC/ST (POA) Act’),

appellants are seeking anticipatory bail for the offences

punishable under Sections 306 IPC and Section 3(2)(va) of

SC/ST (POA) Amendment Act, 2015.

2. While Crl.A.No.100460/2024 is filed by accused

Nos.1 and 2, Crl.A.No.100440/2024 is filed by accused

No.4.

3. For the sake of convenience, parties are

referred to by their ranks at the crime stage.

4. In support of the appeals, accused Nos.1, 2 and

4 have contended that they have been falsely implicated

on the ill advise of the person inimical towards the accused

persons. At this stage, there is no material to connect the

accused to the crime in question. There is inordinate delay
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of six months in filing the complaint. It is stated that based

on the video in the cell phone of the deceased, complaint

is filed. The complaint is highly imaginary and false. In the

complaint itself, it is stated that the deceased was in need

of money and he was in contact with the accused persons.

So far as accused No.4 is concerned, he is working as

Junior Intelligent Officer in C.B.I. His arrest affects his

service. He undertakes to cooperate with the investigating

Agency. The deceased availed loan from several persons

and all of them were insisting for repayment. Being

frustrated, he committed said offence. Accused No.4 has

paid hand loan to the deceased through PhonePe. Out of

this, deceased has repaid Rs.40,000/- to accused No.4.

Accused persons are the only earning members of the

family. They are ready and willing to abide by any

conditions and they may offer substantial surety to the

satisfaction of the trial Court and hence, these appeals.

5. Learned counsel for the appellant has relied

upon the following decisions :

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(i) Shajan Skaria Vs. The State of Kerala
and Another, (Shajan Skaria)1

(ii) Sanju @ Sanjay Singh Sengar Vs. State
of M.P. (Sanju Sengar)2

(iii) Prabhat Kumar Mishra @ Prabhat Mishra
Vs. The State of U.P. & Another,
(Prabhat)3

6. Learned counsel appearing for respondent

No.2/complainant has filed objections. Learned HCGP

submitted oral objections. The sum and substance of the

objections are that complainant is the father of deceased

Sachin Machindra Zande. The deceased was married to

one Deepa and having a daughter by name Avani. As he

was not having proper work at Kallakavatagi, about one

year back, along with his wife and child, he shifted to

Savalagi and running a hotel by name Annapoorneshwari

hotel and Khanavali. On 25.01.2024, at 12.00 noon, he left

the house. When he did not return, his wife made enquiry

with the complainant and others. His cell phone was also
1
2024 SCC OnLine 2249
2
(2002) 5 SCC 371
3
(2024) 3 SCC 665
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switched off. Therefore, on 27.01.2024, she filed a missing

complaint.

6.1. However, on 28.01.2024, one Tanaji Vitthal

Jadhav informed that in the forest area, a dead body is

hanging from an eucalyptus tree, and there is also a

motorcycle parked near it. When his wife and others went

to the spot, they found that, the said person was none

other than Sachin Zande. When this fact is brought to the

notice of concerned police, they registered UDR No.4/2024

under Section 174(c) of Cr.P.C. However, later when the

cell phone of the deceased was verified, they found a video

of 25.1.2024, wherein the deceased has stated that the

accused persons are responsible for him taking the

extreme step of ending his life. They filed cases against

him and made him to attend the Courts. He was also

insulted in the village. Unable to bear the harassment, he

is ending his life. The accused have abated the deceased

to commit suicide. They have abused him referring to his

caste. Unable to bear the harassment, deceased ended his

life.

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6.2. Based on the complaint filed by the father of

the deceased, the concerned police have registered case in

Crime No.77/2024 and taken up investigation. Since from

the date of complaint, all the accused have absconded.

Their presence is required for the purpose of investigation.

There is prima facie material to connect the accused

persons with the crime. Having regard to the gravity of the

offence, the custodial interrogation of the appellants is

necessary. Taking into consideration all these aspects, the

trial Court has rightly rejected the bail petitions of the

accused persons and pray to dismiss the appeals.

7. Heard elaborate arguments of both sides and

perused the record.

8. Before appreciating the facts of the case and

grounds urged by the appellant seeking anticipatory bail, it

is relevant to note that Section 18-A(2) of SC and ST

(POA) Act, 1989, provides that the provisions of Section

438 of Cr.P.C. are not applicable to a case, where the

accused persons are alleged to have committed the

offences punishable under the provisions of SC and ST
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(POA) Act, 1989. However, in Chandra Poojari vs. State

of Karnataka Seshadripuram police, Bangalore4, the

Co-ordinate Bench of this Court held that where the

allegations does not attract the provisions of SC and ST

(POA) Act, 1989, the prohibition under Section 18A(2) of

SC and ST (POA) Act, 1989, is not applicable.

8.1. In Dr.Subhash Kashinath Mahajan V/s State of

Maharashtra and another (Dr.Subhash Kashinath

Mahajan)5, the Hon’ble Supreme Court held that the bar

to grant anticipatory bail contained in Sec.18 of SC and ST

(POA) Act is not absolute and applies only when prima

facie case of commission of offence under the Act is made

out. If the allegations of offence are found to be prima

facie motivated and false, exclusion of Sec.438 Cr.P.C.

would not apply.

8.2. In Prathvi Raj Chauhan Vs. Union Bank of

India (Prathvi Raj Chauhan)6 also the Hon’ble Supreme

Court has held that where a prima facie case is not made

4
1997(4) Kar. L.J.81
5
AIR 2018 SC 1498
6
3(2020) 4 SCC 727
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out, then Section 18 and 18-A have no application. In the

light of the ratio in above decisions, it is necessary to

examine whether the prosecution has made out a prima

facie case against the appellant so far as offences

punishable under the provision of SC and ST (POA) Act are

concerned. The prohibition under Section 18-A(2) would

not come in the way of granting anticipatory bail to the

accused, when prima facie case is not made out.

9. As held in the above decisions, the burden is on

the appellants to show that no prima facie case is made

out to attract the provisions of SC/ST (POA) Act, only after

which, the prayer for grant of anticipatory bail could be

granted. In the present case, undisputedly, the victim

belongs to scheduled caste. Since the offence in question

has taken place subsequent to the amendment of 2016, it

is sufficient if the victim belongs to SC or ST to attract the

provisions of this Act. Prima facie, there is material to

show that deceased committed suicide on account of

harassment meeted out to him by the lenders, including

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the appellants. In his dying declaration, which is in the

form of a videograph recorded by him before committing

suicide, he has implicated the persons including the

appellants. Therefore, there is prima facie material to

connect the accused persons, including the appellants to

the crime in question. The allegations made are very

severe. The custodial interrogation of the appellants are

necessary for the Investigating officer to Investigate the

allegations against them.

10. So far as FIR and grant of bail in Crime

No.93/2022 is concerned, it was based on a complaint filed

by deceased which also indicate that earlier also there

were allegations against accused No.1 Jakkappa and

accused No.3 Banu Bharat Sunandakar with regard to

abusing the deceased referring to his caste. Any how the

trial Court has granted them anticipatory bail in Criminal

Miscellaneous No.957/2022 however it is not a ground to

grant bail in the present case.

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11. Sofar as Sanju Sengar and Shajan Skaria are

concerned, they are not applicable to the facts and

circumstances of the present case.

12. For the above reasons and in the light of prima

facie case made out against the accused persons, including

the appellants, this Court is of the considered opinion that

appellants are not entitled for anticipatory bail, and

accordingly the following;

ORDER

(i) Crl.A.No.100460/2024 filed by accused

Nos.1 and 2 and Crl.A.No.100440/2024 filed by

accused No.4 are dismissed.

(ii) The impounded order dated 13.8.2024,

in Crl.Misc.Nos.373/2024 and 369/2024 passed

by the trial Court are confirmed.

Sd/-

(J.M.KHAZI)
JUDGE

VMB/ckk, List No.: 1 Sl No.: 34

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