Allowed

Jabiulla Alias Jabi v. State of Karnataka

Karnataka HC11 Feb 2022CRL.A/171/2022

Case brief

AI extract

What is this about?

In this criminal appeal, the Karnataka High Court allowed the bail application of an accused facing trial for murder under SC/ST (POA) Act, noting lack of direct evidence and the accused's young age, setting aside the lower court’s rejection.

What did the court decide?

The appellant was enlarged on bail in Crime No.133/2021 pending in Spl. Case No.902/2021 subject to personal bond and appearance conditions.

Jabiulla Alias Jabi Vs State of Karnataka — Pension and Retirement Benefits | Karnataka HC (2022)

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CRL.A.No.171/2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 11^TH DAY OF FEBRUARY 2022

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BEFORE

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THE HON’BLE MRS. JUSTICE K.S.MUDAGAL

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CRIMINAL APPEAL NO.171/2022

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BETWEEN:

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JABIULLA ALIAS JABI S/O RAFIQ AGED ABOUT 21 YEARS RESIDENT OF NANNESABARA PALYA BARAGENAHALLI, SOMPURA HOBLI NELAMANGALA TALUK – 562 111 BENGALURU RURAL DISTRICT

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... APPELLANT

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(BY SRI.NAGARAJ DAMODAR, ADV.)

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AND:

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STATE OF KARNATAKA BY DABASPETE P.S. REP. BY SPP HIGH COURT OF KARNATAKA BENGALURU – 560 001

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HEMANTH

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AGED ABOUT 24 YEARS S/O LATE BASAVARAJU R/AT BARAGENAHALLI SOMPURA HOBLI NELAMANGALA TALUK – 562 111 BENGALURU RURAL DISTRICT ... RESPONDENTS

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(BY SMT.RASHMI JADHAV, HCGP FOR R1; R2 SERVED)

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CRL.A.No.171/2022

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THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14(A) (2) OF SC/ST (POA) ACT READ WITH SECTION 439 OF THE CR.P.C. PRAYING TO SET ASIDE THE ORDER DATED 11.01.2022 AND SPL.C.NO.902/2021 REGISTERED IN CRIME NO.133/2021 BY THE RESPONDENT POLICE FOR THE OFFENCE PUNISHABLE UNDER SECTION 302 OF IPC READ WITH SECTION 3(2)(V) OF SC/ST (POA) ACT, 1989 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU ENLARGE THE APPELLANT/ACCUSED ON BAIL.

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THIS CRIMINAL APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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Aggrieved by the rejection of his application for grant of bail, accused in Special Case No.902/2021 on the file of II Additional District & Sessions Judge, Bengalurru Rural District, Bengaluru has preferred the above appeal.

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The appellant is facing trial in Spl. Case No.902/2021 before the trial Court for the offences punishable under Section 302 of IPC and Sections 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (‘the Act’ for short) on the basis of the chargesheet filed in Crime No.133/2021 of Dobbespet police station.

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CRL.A.No.171/2022

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Victim Kempanna @ Kempa was found dead in

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Gangaraj’s Granite shop Sompura Village, Dobbespet, Nelamangalala Taluk. The victim belongs to the Scheduled Caste. Initially brother of Kempa filed complaint before respondent No.1 police alleging that some unknown persons have committed his murder, during the intervening night on 12/13-10-2021 assaulting him with some weapons and cement bricks.

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FIR was registered for the offence punishable under Section 302 of IPC against unknown persons. After the investigation respondent No.1 police have chargesheeted the appellant for the offence punishable under Section 302 of IPC and Section 3(2)(v) of the Act.

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The case of the prosecution is as follows:

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That on 12.10.2021 during night the victim, appellant and CWs.15 to 18 consumed alcohol at the scene of the offence. After CWs.15 to 18 left the place, the quarrel ensued between appellant and victim for he

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CRL.A.No.171/2022

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supplying liquor to CW.25 and being close to her. During that quarrel the victim assaulted the appellant who in turn assaulted him and caused his death.

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There are no direct witnesses to the incident.

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The case is based on circumstantial evidence. The circumstance is that CWs.15 to 17 found the appellant and the victim together and thereafter victim was found dead with homicidal injuries.

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Even as per the chargesheet records the victim was aggressive and in defence, the appellant assaulted him. The appellant is aged hardly 21 years. Under the circumstances the detention of the appellant by way of pre-trial conviction and sentence is not justifiable. Therefore the appeal is allowed.

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The impugned order dated 11.01.2022 passed in Special Case No. 902/2021 is set aside.

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The appellant’s bail application is allowed. He is granted bail in Crime No. 133/2021 of Dobbespet police station which is now pending in Spl. Case No.902/2021 on

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CRL.A.No.171/2022

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the file of the II Additional District & Sessions Judge, Bengaluru Rural District, Bengaluru subject to the following conditions:

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(i) The appellant shall execute personal bond in a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties in the like sum to the satisfaction of the trial Court;

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(ii) He shall appear before the Court as and when required for trial;

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(iii) He shall not tamper the prosecution witnesses in any manner.

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(iv) He shall not indulge in any criminal activities.

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Sd/JUDGE

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PKN

Jabiulla Alias Jabi v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Jabiulla Alias Jabi v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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