Case Note & Summary
The appellants, accused in Crime No. 219/2020 registered by Devarajeevanahalli Police Station, filed appeals under Section 14A(2) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, challenging the dismissal of their bail applications by the Special Court. The case arose from a complaint lodged on 14.08.2020 by the second respondent, a Member of Legislative Assembly, alleging that on 11.08.2020, a mob of 2000-3000 persons trespassed into his house, took away documents and jewellery, and set fire to vehicles parked outside. The incident was allegedly triggered by a derogatory Facebook post about Prophet Mohammed by the complainant's nephew, leading to a pre-meditated conspiracy. The mob also set fire to the house. The accused were charged under various sections of the Indian Penal Code, including 143, 144, 145, 447, 448, 435, 436, 395, 427, 120B read with 149 IPC; Section 2 of the Karnataka Prevention of Destruction and Loss of Property Act, 1981; Sections 3(1)(c), 3(2)(iii),(iv),(v),(va) of the SC/ST (POA) Act; and Section 25(1B)(b) of the Arms Act for one accused. The police filed multiple charge sheets. The Special Court dismissed the bail applications, leading to these appeals. The High Court considered the factual background and the charges, but the judgment text provided does not include the decision or reasoning, only the factual matrix and details of imputation against the accused.
Issue of Consideration
Entitlement to bail under Section 439 of Cr.P.C. read with Section 14A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, considering the nature of accusations and the bar under Section 18A.
Law Points
- Appeal under Section 14A(2) of SC/ST Act against rejection of bail under Section 439 CrPC
Case Details
2021 LawText (KAR) (06) 27
Criminal Appeal No.251/2021 c/w Criminal Appeal Nos.420/2021, 543/2021, 478/2021
For Appellants: Rakshith R., A.S. Kulkarni, P. Usman along with Mohammed Niyaz S., Mohammed Tahir; For Respondents: P. Prasanna Kumar, Special Public Prosecutor; Murthy Dayanand Naik for R2
Syed Adnaan, Shafeeq Khan @ Shafiulla, Rehman Khan, Arbas
State of Karnataka, R. Akanda Srinivas (MLA)
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Nature of Litigation
Criminal appeals against rejection of bail applications.
Remedy Sought
Appellants (accused) seek enlargement on bail under Section 14A(2) of SC/ST Act.
Filing Reason
Bail petitions dismissed by Special Court under Section 439 CrPC.
Previous Decisions
Special Court (LXX Additional City Civil and Sessions Judge) dismissed bail applications of the accused.
Issues
Whether the appellants are entitled to bail considering the allegations under IPC and SC/ST Act, and the bar under Section 18A of the SC/ST Act?
Judgment Excerpts
All the Accused having been arrested and having approached the LXX Additional City Civil & Sessions Judge & Special Judge, Bengaluru (CCH-71) and their petitions filed under Section 439 of Cr.P.C. having been dismissed, have invoked the statutory remedy of appeal under Section 14-A(2) of the SC & ST (POA) Act.
It is further stated in the complaint that Mr.Naveen, who is the nephew of respondent No.2 had posted on his Facebook account a derogatory post about Prophet Mohammed and the Accused having entered into a conspiracy, taking advantage of the situation have attacked the house of respondent No.2 causing loss to the property.
Procedural History
FIR (Cr.No.219/2020) registered on 14.08.2020; first charge sheet filed on 14.09.2020; second charge sheet on 05.01.2021 against accused nos. 57-61; third charge sheet on 15.02.2021. Accused arrested and filed bail applications under Section 439 CrPC before LXX Additional City Civil & Sessions Judge, Bengaluru, which were dismissed. Appeals filed under Section 14A(2) of SC/ST Act seeking bail.
Acts & Sections
- Indian Penal Code, 1860: 143, 144, 145, 447, 448, 435, 436, 395, 427, 120B, 212 read with 149
- Karnataka Prevention of Destruction and Loss of Property Act, 1981: 2
- Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989: 3(1)(c), 3(2)(iii), (iv), (v), (va)
- Arms Act, 1959: 25(1B)(b)
