2022 Supreme(Online)(Kar) 47501
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CRL.A No. 100578 of 2022
C/w. CRL.A No. 100573 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 16TH DAY OF DECEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL NO. 100578 OF 2022
CONNECTED WITH
CRIMINAL APPEAL NO. 100573 OF 2022
IN CRL.A. NO.100578/2022:
BETWEEN:
SMT. YALLAVVA
W/O. TOTLAPPA GIDNAKNAL
AGE. 65 YEARS, OCC. H H WORK,
R/O. KALLAGONAL-583277,
TQ. KUSHTAGI, DIST. KOPPAL.
&PETITIONER
(BY SRI. CHETAN MUNNOLI, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, AT DHARWAD,
THROUGH HANUMASAGAR PS.
2.
SHARANAPPA
S/O. FAKKIRAVVA MADAR
AGE. 29 YEARS, OCC. LABOURER,
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CRL.A No. 100578 of 2022
C/w. CRL.A No. 100573 of 2022
R/O. KALLAGONAL-583277,
TQ. KUSHTAGI, DIST. KOPPAL.
&RESPONDENTS
(BY SRI. PRASHANTH V. MOGALI, HCGP FOR R1;
R2 - SERVED)
IN CRL. A. NO.100573/2022:
BETWEEN:
1.
MUDIYAPPA
S/O. BHEEMAPPA BISALADINNI
AGE.43 YEARS, OCC. AGRI.,
2.
NEELANAGOUDA
S/O. YAMANAGOUDA MALIPATIL
AGE.40 YEARS, OCC. AGRI.,
3.
PARASHURAM
S/O. MUKKANNA GODI
AGE.32 YEARS, OCC. AGRI.,
4.
UMESH MUKKANNA GODI
AGE.22 YEARS, OCC. AGRI.,
ALL ARE R/O. KALGONAL,
TQ. KUSHTAGI, DIST. KOPPAL-583277.
&PETITIONERS
(BY SRI. K. H. BAGI, ADVOCATE)
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CRL.A No. 100578 of 2022
C/w. CRL.A No. 100573 of 2022
AND:
1.
THE STATE OF KARNATAKA
REPRESENTED BY,
PUBLIC PROSECUTOR,
HIGH COURT, DHARWAD BENCH,
DHARWAD-580011.
PSI, HANUMASAGAR POLICE STATION.
2.
SHARANAPPA S/O. FAKKIRAVVA MADAR
AGE.29 YEARS, OCC. LABOURER,
R/O. KALLAGONAL, TQ. KUSHTAGI,
DIST. KOPPAL-583277.
&RESPONDENTS
(BY SRI. PRASHANTH V. MOGALI, HCGP FOR R1;
R2 - SERVED)
THESE CRIMINAL APPEALS ARE FILED U/S 14 A(2) OF SC
AND ST (POA) ACT, SEEKING TO PASS AN ORDER TO
ENLARGING THE APPELLANTS/ACCUSED NO.2, 3, 5, 9 AND 10
ON ANTICIPATORY BAIL IN HANUMASAGAR P.S. CRIME
NO.124/2022 FOR THE ALLEGED OFFENCES PUNISHABLE U/S
143, 147, 323, 504, 506, 149 OF IPC AND SECTION 3(1)(r),
3(1)(s), 3(1)(z), 3(1)(zc) OF THE SC AND ST (PREVENTION OF
ATROCITIES) AMENDED ACT 2015, IN CASE OF THEIR ARREST.
THESE
CRIMINAL
APPEALS
COMING
ON
FOR
ORDERS
THIS
DAY,
THE
COURT
DELIVERED
THE
FOLLOWING:
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CRL.A No. 100578 of 2022
C/w. CRL.A No. 100573 of 2022
Criminal Appeal No.100578/2022 is filed by
accused No.2 and Criminal Appeal No.100573/2022
is filed by accused Nos.3, 5, 9 and 10. Both the
appeals have been filed challenging the order
dated 08.11.2022 passed in Criminal Miscellaneous
No.1030/2022
by
the
Principal
District
and
Sessions
Judge,
Koppal,
whereunder
the
anticipatory bail petition filed by the appellants
sought in Crime No.124/2022 of Hanumasagar
Police
Station
registered
for
the
offences
punishable under Sections 143, 147, 323, 504, 506
read
with
149
of
the
Indian
Penal
Code
(hereinafter referred to as 8IPC9, for brevity) and
Sections 3(1)(r), 3(1)(s), 3(1)(z) and 3(1)(zc) of
the
Scheduled
Castes
and
Scheduled
Tribes
(Prevention of Atrocities) Act, 1989 (hereinafter
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referred to as 8SC & ST (POA) Act9, for brevity),
came to be rejected.
Heard both the learned counsel for the
appellants and learned High Court Government
Pleader for respondent No.1/State. Inspite of
service
of
notice,
respondent
No.2
remained
absent and unrepresented.
The case of the prosecution is that, one
Sharanappa S/o. Fakkiravva Madar has filed the
complaint
stating
that
on
03.08.2022
dog
belonging
to
his
neighbour
Mr.
Martandappa
(accused No.15) injured the goat of the brother of
the complainant by biting it. The brother of the
complainant
asked
about
this
to
the
said
Martandappa, the brother of the complainant and
his family members were assaulted. The said
dispute was settled at the intervention of the
elderly persons of the village and their community.
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It is further stated that on 10.08.2022 at about
10.00 a.m. it was announced in the mike set of
Shri Sharanabasaveshwar Temple of complainant9s
village that the family of the complainant has been
boycotted and it was advised that nobody should
mingle
with
the
family
of
the
complainant.
Thereafter, nobody talks to them and abused them
in filthy language by taking the name of their case
i.e.,
Madiga.
It
is
further
stated
that
on
16.09.2022 at about 8.30 a.m., the complainant
was going to bring coolie workers from Bandarakal
Village at that time Balappa (accused No.11) came
there in the cart and pushed him in the bush. On
29.09.2022
at
about
07.00
a.m.,
when
the
complainant
was
in
the
hotel
of
Sharanappa
(accused No.1) to have tea at that time the
complainant took the water in the tumbler from
the barrel and asked to supply tea. At that time
accused Nos.2 and 4 who were in the hotel told
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him that by touching the tumbler he made it
impure and told that inspite talking him since four
years why he has came to his hotel and abused
him in filthy language by touching caste and threw
waste water on him. The complainant asked to
supply tea by taking steel cup. At that time
accused No.1-Sharanappa abused him in filthy
language by touching his caste and told that they
will not give it to him and asked him not to come
to their hotel and also gave life threat. At that
time Accused Nos.3 to 20 came there by forming
an unlawful assembly and abused the complainant
in filthy language by touching his caste and kicked
on his stomach, pressed his neck and assaulted
him with chappal and gave him life threat and
asked him to leave the village and threatened him
to burn him. At that time Basappa, Veeranna,
Duragappa and Yallawwa came and pacified the
quarrel. Thereafter on 30.09.2022 at about 7.00
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a.m. accused No.3-Mudiyappa went to the house of
the complainant and at that time his mother and
others were there in the house and told them that
inspite of boycott the complainant came and
touched
a
cup
and
tumbler
and
made
it
untouchable and asked them to leave the village
and abused them in filthy language touching their
caste. The said complaint came to be registered in
Crime No.124/2022 of Hanumasagar Police Station
for the offences punishable under Sections 143,
147, 323, 504, 506 read with Section 149 of IPC
and Sections 3(1)(r), 3(1)(s), 3(1)(z) and 3(1)(zc)
of
the
SC
and
ST(POA)
Act.
The
appellants/accused
Nos.2,
3,
5,
9
and
10