Absolutely no mention in the death note about any of his superiors including the present appellants had ever abused him with caste related insulting words’, HC grants bail to appellants booked under SC/ST's (Prevention of Atrocities Act), 1989

  

The High Court of Karnataka recently comprising of a bench of Justice P.Krishna Bhat while granting bail to the appellants booked under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989 remarked 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. (Jayraj Acharya vs The State Of Karnataka)

Facts of the case

The complainants' son committed suicide by hanging. It is alleged that he was working in Reliance Digital. It was stated in the complaint 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 filed an anticipatory bail petition before the Learned Special Judge 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 passed by the Learned II Additional District and Sessions Judge.

Contention of the Parties

Learned counsel for the appellants submitted 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 allegations made in the complaint by his mother that these appellants were making caste related abuse tothe 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 submitted 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.

Courts Observation and Judgment

The Court after perusing the entire investigation papers submitted by the learned HCGA remarked, “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”.

 

The Court granting bail to the appellants said, “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”.

Read Judgment;

 

 

SOURCE ; .latestlaws.com

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