Appeal filed under Section 14A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act) 1989 allowed, appellants granted anticipatory bail: Karnataka High Court

IN THE HIGH COURT OF KARNATAKA BENGALURU DATED THIS THE 23RD DAY OF APRIL 2021 THE HON BLE MR.JUSTICE P.KRISHNA BHAT CRIMINAL APPEAL NO.527 2021 JAYRAJ ACHARYA S O LATE DAMODARA AGED ABOUT 32 YEARS OCC : STORE MANAGER R AT RELIANCE DIGITAL DAVANGERE 577002. LOKESH J S O JAY SHETTY AGED ABOUT 31 YEARS OCC : DEPARTMENTAL MANAGER R AT RELIANCE DIGITAL OPP : DAVANGERE URBAN BANK NEAR ANDANUR CERAMICS DAVANGERE 577006. ABHISHEK M TALWAR S O MAHADEV TALWAR AGED ABOUT 25 YEARS OCC : DEPARTMENT MANAGER DAVANGERE URBAN BANK NEAR ANDANUR CERAMICS DAVANGERE 577006. BY SRI DINESH KUMAR.K.RAO ADV. AND SMT. POOJA KATTIMANI ADV.) … APPELLANTS 2 … RESPONDENTS REP. BY SPP HIGH COURT BUILDING BENGA URU 560 001) THE STATE OF KARNATAKA BY DAVANGERE RURAL POLICE STATION DAVANGERE 577002. BY SRI K. NAGESHWARAPPA HCGP FOR R1 R2 SMT NEELAMAMA W O SHIVAPPA AGED ABOUT 55 YEARS OCC : HOUSEWIFE R AT HALUVARTHI VILLAGE DAVANGERE TALUK DAVANGERE 577 001. THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14A(2) THE SCHEDULED CASTE AND SCHEDULED TRIBE ACT 1989 PRAYING TO SET ASIDE THE IMPUGNED ORDERS DATED 30.01.2021 PASSED BY THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE CRL.MISC.NO.900 2020 CRL.MISC.NO.951 2020 AND CRL.MIC.NO.960 2020 AND BE PLEASED TO ALLOW THE APPEAL BY STATTION DAVANAGERE TO ENLARGE THE APPELLANT’S ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST 3 IN CRIME No.323 2020 OF DAVANAGERE RURAL POLICE STATION 3(1)(s) 3(2)(v a) AND 3(2)(v) OF SC ST PENDING ON THE FILE 2ND ADDITIONAL DISTRICT AND SESSIONS JUDGE DAVANAGERE. THIS CRIMINAL APPEAL COMING ON FOR ADMISSION THIS DAY THE COURT DELIVERED THE FOLLOWING: This appeal is filed under Section 14A(2) of Scheduled Castes and Scheduled Tribes Act 1989 by the appellants seeking anticipatory bail and calling in question the order dated 30.01.2021 passed in Crl.Misc.950 2020 by the Learned II Additional District and Sessions Judge Davanagere. 2. It is disclosed that one Hanumantappa son of the complainant committed suicide by hanging during night intervening 15.12.2020 and 16.12.2020 in a room in their family house. It is alleged that he was 4 working in Reliance Digital. It is stated in the compliant that his Manager Jayaram and two other superior officers namely Lokesh and Abhishek were mentally harassing him and they were abusing him with reference to his caste. A case was registered in Crime No.323 2020 in Davanagere Rural Police Station Davanagere for the offences punishable under Section 306 read with Section 34 of IPC and Section 3(1)(r) 3(1)(s) 3(2)(v a) and 3(2)(v) of Scheduled Castes and Scheduled Tribes Act 1989against the appellants. The appellants have earlier anticipatory bail petition before the Learned Special Judge Davanagere in Crl.MIsc.No.950 2020 which by the impugned order came to be rejected. 4. Learned counsel for the appellants submits that these appellants are innocent and they happened to be superior officers of the deceased in the Reliance Digital where deceased was also an employee and the 5 allegations made in the complaint by his mother that these appellants were making caste related abuse to the deceased and that had driven the deceased to commit suicide are entirely baseless and false and therefore he submits that this appeal is liable to be allowed and appellants are entitled for granting of anticipatory bail. Learned HCGA has filed his detailed statement of objections and submits that the offences alleged are extremely serious in nature and the complainant has stated that the appellants were making caste related abuse to the deceased who was a member of Scheduled Caste community which had driven him to commit suicide and therefore these appellants are not entitled for granting anticipatory 6. Learned HCGA has made available for my perusal the entire investigation papers. It discloses that investigation has been completed and draft chargesheet is at the stage of scrutiny for being filed 6 before this Court. The investigation papers contain the death note left behind by the deceased which reads follows: “fÃªÀ£ÀzÀ°è £À£ÀUÉ §zÀÄPÉÆÃ CAUÉ ªÀiÁrzÀÄÝ Reliance digital EªÀvÀÄÛ £Á£ÀÄ ¸ÁªÉÇzÉÝ PÁgÀt £À£Àß PÉ®¸À¢AzÀ ©Ãr¹ £À£Àß J¯Áè commitment UÉ ªÉÆÃ¸À ªÀiÁrzÀÄÝ Reliance digital manager and DM’s £Á£ÀÄ vÀÄA§ D¸É ElÖPÉÆArzÉÝ CzÀPÉÌ J¯Áè zÀPÉÌ vÀA¢zÀÄÝ Reliance Digital F £À£ÀUÉ PÉ®¸À¢AzÁ ©r¹ £À£Àß UÁr PÀAvÀÆ ªÀÄvÀÆÛ £À£Àß EMI UÀ½UÀÆ PÀÄvÀÆÛ vÀAzÀÆ £À£Àß ¸ÁAiÉÆ vÀgÁ ªÀiÁrzÀgÀÆ £À£ÀUÉ EzÉ¯Áè £ÉÆÃr fÃªÀ£ÀzÀ°è ¨É¸ÀvÀÆÛ £Á£ÀÄ ¸Á¬ÄwÃ¢¤ £À£Àß ¸Á«UÉ Reliance Digital ªÀÄvÀÄÛ C°è£Á Manager PÁgÀt zÀAiÀiÁ«lÄÖ £À£Àß£ÀÄß PÀë«Ä¹. CªÀÄä £À£Àß£ÀÆß PÀë«Ä¸ÀÄ.” 7. There is absolutely no mention in the said EAw ¤ªÀÄä ªÀÄUÀ death note about any of his superiors including the present appellants had ever abused him with caste related insulting words. Further the Investigating Officer has recorded the statement of co employees of the deceased like Aravind Kumar Basavaraj R Shivananda B. etc. Perusal of their statement shows that the deceased was short tempered and he was not open to any advise from his superiors. The 7 offence under Section 306 IPC is not exclusively punishable with death or imprisonment for life. 8. Taking into consideration the materials available in the investigation papers. I am of the view that appellants can be granted anticipatory bail inspite of the fact that the offences alleged are under Section 306 read with Section 34 of IPC and Section 3(1)(r)(s) 3(2)(v a) and 3(2)(v) of the Act against the appellants. Hence the following: The appeal is allowed. • Appellants Accused Nos.1 to 3 are directed to be enlarged on bail in the event of their arrest in Crime No. 323 2020 in Davanagere Rural Police Station on executing a personal bond in a sum of Rs.50 000 each Rupees Fifty Thousand Only) with two solvent sureties for the likesum to the satisfaction of the Court below. • They shall not threaten or tamper with the prosecution witnesses directly or indirectly. 8 • They shall not leave the jurisdiction of the Court below without prior permission from the said Court. • They shall mark their attendance before SHO Davanagere Police Station on the last Sunday of every month between 10.00 a.m. to 5.00 p.m. till the charge sheet is filed. Sd JUDGE 

Summary: There is absolutely no mention in the said death note about any of his superiors including the present appellants had ever abused him with caste related insulting words. This was said in the case of Jayraj Acharya vs The State Of Karnataka [CRIMINAL APPEAL NO.527/202] by Justice P.Krishna Bhat in the High Court of Karnataka. The facts of the case are that the complainants son committed suicide by hanging. It is alleged that he was working in Reliance Digital. It was stated in the compliant that the appellants were mentally harassing him and they were abusing him with reference to his caste in his workplace. A case was registered for the offences punishable under Section 306 read with Section 34 and 3(1)(r)(s), 3(2)(v-a) and 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989  against the appellants. The appellants have earlier anticipatory bail petition before the Learned Special Judge, Davanagere which, by the impugned order, came to be rejected. Hence, the appellants filed an appeal under Section 14A(2) of 1989 seeking anticipatory bail and calling in question the order dated 30.01.2021 passed by the Learned II Additional District and Sessions Judge. Learned counsel for the appellants submits contended that the appellants are innocent and they happened to be superior officers of the deceased in the Reliance Digital where deceased was also an employee and the allegations made in the complaint by his mother that these appellants were making caste related abuse to the deceased and that had driven the deceased to commit suicide are entirely baseless and false and therefore, he submits that this appeal is liable to be allowed and appellants are entitled for granting of anticipatory bail On the other hand, learned HCGA has filed his detailed statement of objections and contended  that the offences alleged are extremely serious in nature and the complainant has stated that the appellants were making caste related abuse to the deceased who was a member of Scheduled Caste community which had driven him to commit suicide and therefore, these appellants are not entitled for granting anticipatory bail After perusing the entire investigation papers submitted by the learned HCGA, the Court opined that “There is absolutely no mention in the said death note about any of his superiors including the present appellants had ever abused him with caste related insulting words. Further the Investigating Officer has recorded the statement of co-employees of the deceased like Aravind Kumar, Basavaraj R, Shivananda B. etc. Perusal of their statement shows that the deceased was short tempered and he was not open to any advise from his superiors. The offence under Section 306 IPC is not exclusively punishable with death or imprisonment for life”. Furthermore, the Court said that “Taking into consideration, the materials available in the investigation papers, I am of the view that appellants can be granted anticipatory bail inspite of the fact that the offences alleged are under Section 306 read with Section 34 of IPC and 3(1)(r)(s), 3(2)(v-a) and 3(2)(v) of the Act against the appellants”. Hence, the appeal was allowed.