Allowed

Naveen R H v. State of Karnataka

Karnataka HC4 Mar 2021CRL.P/1561/2021

Case brief

AI extract

What is this about?

High Court allowed bail for seven accused in a case involving IPC offences and SC/ST Act offences. The Court held that since investigation was complete and injuries were simple, continued custody served no purpose beyond trial appearance.

What did the court decide?

Petitioners granted bail in Crime No.16/2021 subject to personal bond, sureties, non-tampering, compliance with moral conduct, and weekly appearance before Investigating Officer.

Naveen R H Vs State of Karnataka — Caste Atrocities | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 4^TH DAY OF MARCH, 2021

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BEFORE

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THE HON'BLE MR. JUSTICE K. NATARAJAN

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CRIMINAL PETITION No.1561/2021

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BETWEEN:

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Naveen R.H., S/o. Honnegoweda Aged about 27 years R/o.Rayasamudra Village-571 426 K.R.Pete Taluk

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Santhosh S.R. S/o. Ramachandregowda Aged about 33 years r/o.Shilanere Village K.R.Pet Taluk-577 133

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Sunil, S/o. Nagesh Aged about 25 years

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Jaga, S/o.Ramegoweda Aged about 33 years

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Dushyantha K.S. S/o.Ramegowda Aged about 25 years Petitioners 3 to 5 are R/o.Karthanahalli-577 133 K.R.Pete Taluk

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Pavan, S/o. Perumajagowda Aged about 22 years

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R/o.Hariahalli-571 426 K.R.Pete Taluk

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Sathisha S.R., S/o.Ramachandregowda Aged about 31 years

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R/o.Shilanere Village K.R.Pete Taluk-577133 .. Petitioners

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(By Sri Basavaraj S.Sappannavar, Advocate For Sri Suhas S.Sappannavar, Advocate)

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AND:

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State of Karnataka K.R.Pete Town Police Station Mandya District Rep.by SPP High Court of Karnataka Building Bengaluru-560 001

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Shashikumar N., S/o.late Narasaiah Aged about 38 years Occ: Defence Personnel Neethi Mangala Village Shilanere Hobli K.R.Pete Taluk-577 133 Mandya District .. Respondents

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(By Sri K.Nageshwarappa, HCGP R2 – served & unrepresented)

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This Criminal petition is filed under Section 439 of Cr.P.C. praying that this Hon’ble Court may be pleased to enlarge the petitioners on bail in Cr.No.16/2021 of K.R.Pet Town Police station, Mandya District for the offences punishable under Sections 143, 147, 148, 323, 324, 354B,

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341, 447, 504, 506 r/w. Section 149 of IPC and Sections 3(1)(f)(r)(s)(w) of SC/ST (POA) Act. This Criminal petition coming on for orders, this day the Court made the following:

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O R D E R

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This petition is filed by accused Nos.1 to 7 under Section 439 of Cr.P.C. for granting of regular bail in Crime No.16/2021 registered by K.R.Pet Town Police Station, for the offences punishable under Sections 143, 147, 148, 323, 324, 354B, 341, 447, 504, 506r/w. Section 149 of IPC and Sections 3(1)(f), (r), (s), (w) of SC & ST (Prevention of Atrocities) Act (‘SC/ST Act’ for short).

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Heard the arguments of the learned counsel for the petitioners and the learned HCGP for respondent No.1State. Though notice has been served on respondent No.2complainant, he has remained unrepresented.

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3.The case of the prosecution is that on the complaint of one Sri Shashikumar N. on 22.1.2021 alleging that the accused persons said to have tried to excavate the sand

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from the land of the complainant. When the same was objected to by the complainant, the accused persons said to have assaulted and abused them in filthy language and insulted by taking the name of their caste, the police have registered the case. Thereafter, the police have arrested accused No.7 on 29.1.2021 and accused Nos.1 to 6 on 9.2.2021 and they have been remanded to judicial custody. They approached the Sessions Court for granting bail, which came to be rejected. Hence, they are before this Court.

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Learned counsel for the petitioners has contended

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that the petitioners are innocent of the alleged offences and they have been falsely implicated by the police. In fact there are case and counter case filed against the complainant and accused. The injuries sustained by the injured are simple in nature. Petitioners and accused persons belong to same village. These petitioners are in custody for nearly one month and their presence is not required for the purpose of investigation. They are ready

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abide by any conditions to be imposed by this Court and therefore prayed for allowing the petition.

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Per contra , the learned HCGP objected the petition contending that these petitioners have committed the offence as alleged by the prosecution. Prima facie material is also placed on record to show that they have committed the offences punishable under the SC/ST Act. Investigation is still in progress and hence he prayed for dismissal of the petition.

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Upon considering the documents on record and hearing the arguments on both sides, it is seen from the record that a case and counter case have been registered against both groups of the complainant and the accused. Case against accused has been registered in Crime No.16/2021 and the case against the complainant has been registered by the same police in Crime No.17/2021. Injuries suffered by the injured are simple in nature. As per the submission made by the learned HCGP, accused persons are in judicial custody from 29.1.2021 and 9.2.2021.

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Though the alleged offences except Sections 354B and 324 of IPC and offences punishable under the SC/ST Act are bailable offences, but they are not punishable with death or imprisonment for life. Looking to the facts and circumstances of the case and the material on record, since the investigation is already done, keeping the petitioners behind the bar, would serve no purpose except for appearance before the trial Court for trial. Therefore, without expressing anything on merits of the case, I am of the view that these petitioners are entitled to be granted bail.

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7. Accordingly, the petition is allowed .

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The Special Court/trial Court is directed to release the

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petitioners-accused Nos.1 to 7, on bail in Crime No.16/2021 registered by K.R.Pet Town Police Station, for the offences punishable under Sections 143, 147, 148, 323, 324, 354B, 341, 447, 504, 506 r/w. Section 149 of IPC and Sections 3(1)(f), (r), (s), (w) of SC & ST (Prevention of Atrocities) Act, subject to the following conditions:-

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i) Each of the petitioners shall execute personal bond in a sum of Rs.50,000/(Rupees fifty thousand only) with two sureties for likesum to the satisfaction of the Special Court/trial Court.

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ii) They shall not indulge in similar offences strictly.

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iii) They shall not tamper with any of the prosecution witnesses directly or indirectly.

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iv) They shall appear before the Investigating Officer once in a week on every Monday between 10.00 a.m. and 4.00 p.m. for a period of three months or till filing of the charge sheet, whichever is earlier.

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In view of disposal of the main petition, I.A.No.1/2021 stands dismissed as it does not survive for consideration.

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Sd/JUDGE

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*ck/-

Naveen R H v. State of Karnataka

Case brief

What is this about?

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Naveen R H v. State of Karnataka

Case brief

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