Saaniyal S/O. Shabbir @ Mohammad Shabbir Shiekh vs State Of Karnataka & Ors

Vijaykumar A.Patil, J

This appeal is filed under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'SC/ST PA Act') seeking to enlarge the appellant/accused No.2 on bail in the case of his arrest in Crime No.111/2024 registered by the 1st respondent-Police.

Sri Vijay M. Malali, learned counsel appearing for the appellant submits that the appellant is an engineering student, against whom a criminal prosecution has been initiated and after investigation charge sheet has been filed by the jurisdictional Police for the offences punishable under Sections 380, 504 and 506 read with Section 34 of IPC and Section 3(2)(va) of the SC/ST PA Act. It is admitted that respondent No.2 has lodged the complaint against accused No.1 on 21.05.2024 narrating the incident of 08.05.2024 and the said dispute is with regard to the payment of salary of accused No.1 by the Hospital, where he was working. It is submitted that even the entire complaint averment is read. No case is made out for the alleged offence against this accused. It is further submitted that the jurisdictional Police have concluded the investigation and the present appellant being the accused No.2 has co-operated for the investigation and thereafter charge sheet was filed and Special Court has issued summons and on the day, he could not appear before the Court and hence a Non-Bailable Warrant was issued against the present appellant. Hence, respondent-Police are making hectic efforts to arrest the accused. Hence, he seeks to enlarge the accused on bail in the event of his arrest in the aforesaid crime. It is also submitted that accused No.1 has given complaint against the Hospital and its authorities on 09.05.2024, which is evident from the acknowledgment issued by the jurisdictional Police, stating that accused No.1 has worked in R.M.Hospital, Belagavi and the authorities of the Hospital have not paid the salary is a cause for dispute. Hence, he seeks to allow the appeal by enlarging accused No.2 on bail in the event of his arrest.

Per Contra, learned HCGP appearing for respondent no.1/State submits that accused No.2 has uttered words against the victim referring to her caste, which can be noticed from the statement recorded under Section 164 of the Cr.P.C. by the learned Magistrate. It is submitted that now the Special Court has issued the Non-Bailable Warrant. Hence, it is appropriate for accused No.2 to appear before the Sessions Court and seeks to recall of the order as well as seek for regular bail. Hence, he seeks to dismiss the appeal.

Heard the arguments of learned counsel for the appellant, learned HCGP appearing for respondent No.1/State and perused the material available in the Court.

It is to be noticed that one Dr.Seema Naik, respondent No.2 herein has lodged the complaint on 21.05.2024 before the Malamaruti Police Station, Belagavi alleging that at about 08.00 p.m. on 08.05.2024, two unknown persons came near to the Hospital situated at Ujwal Nagar, Belagavi allegedly threatened her and committed theft of valuable including the laptop. Based on such a written complaint, respondent no.1/Police registered the same as Crime No.111/2024 for the offences punishable under Sections 379, 504 and 506 read with Section 34 of IPC and Sections 3(1)(r)(s) and 3(2)(va) of the SC/ST PA Act. The records indicate that the jurisdictional Police after completion of investigation filed the charge sheet against the present appellant (accused No.2) as well as accused No.1. It is to be noticed that the Special Court after filing of charge sheet, issued Non-Bailable Warrant against accused No.2/appellant herein for securing his presence. It is further to be noted that perusal of complaint averments prima facie indicates that there is no allegation of complainant against the accused with regard to her caste, which can be noticed only from the statement recorded under Section 164 of Cr.P.C. before the learned Magistrate. Be that it may, it is also required to be noticed that accused No.1 Dr.Daniyal S/o.Shabbir Shaikh has also filed a complaint with the jurisdictional Police on 09.05.2024 stating that he was working with the R.M.Hospital, Belagavi and he is due of salary from Dr.Parashuram Ramachandra Yanagannavar, and the said complaint indicates that he has secured the laptop from the said Hospital by informing the administration of the Hospital that once the salary is paid, he would return the laptop.

Keeping the aforesaid facts and also keeping in mind the fact that accused No.1 has been granted relief of anticipatory bail on 04.07.2024 in Criminal Miscellaneous Petition No.778/2024 by the III Additional District and Sessions Judge, Belagavi and also keeping in mind the fact that investigation is completed and charge sheet is filed, the arrest and further interrogation of appellant/accused No.2 is not required and also keeping in mind the fact that accused No.2 is a student pursuing engineering. Considering the fact that there is an enormous delay in filing the complaint by respondent no.2 herein, I am of the view that appeal deserves to be allowed.

For the aforementioned reasons, this Court proceeds to pass the following:

ORDER

(i) Appeal is allowed.

(ii) The impugned order dated 31.12.2025 passed in Criminal Miscellaneous No.001594/2025 by the III Additional Sessions Judge and Exclusive Special Court constituted for offence Triable under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, is set aside.

(iii) Appellant/accused No. 2 shall be enlarged on bail in the event of his arrest in Crime No.111/2024 of Malmaruti Police Station (Special Case No.468/2025) by the 1st respondent-Police for the offences registered under Sections 380, 504 and 506 read with Section 34 of IPC and Section 3(2) (va) of the SC/ST PA Act, subject to following conditions:

(iv) The appellant/accused No.2 shall execute a personal bond for a sum of Rs.1,00,000/- along with one surety for like sum to the satisfaction of the trial Court.

(v) The appellant/accused No.2 shall not leave the jurisdiction of the trial Court without prior permission of the Court.

(vi) The appellant/accused No.2 shall not tamper and threaten the prosecution witnesses in any manner.

(vii) The appellant/accused No.2 shall attend the Court regularly during the trial without fail. If not attend for consecutive two times it entails cancellation of bail.

(viii) Further, the appellant/accused No.2 shall surrender before the aforesaid Special Court within a period of 30 days from today and file an application for seeking regular bail.