Allowed

Nagaraja v. the State of Karnataka

Karnataka HC2 Feb 2022CRL.A/1871/2021

Case brief

AI extract

What is this about?

Criminal Appeal filed by appellants convicted under IPC and SC/ST (POA) Act challenging rejection of bail by trial Court. High Court held trial Court erred in rejecting bail solely on investigation status, set aside impugned order, and granted bail subject to bond and conditions.

What did the court decide?

Impugned order set aside; appellants granted bail in Crime No.307/2021 subject to personal bonds, appearance, non-interference with witnesses, and no criminal activities.

Nagaraja Vs the State of Karnataka — Caste Atrocities | Karnataka HC (2022)

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CRL.A.No.1871/2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 2^ND 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.1871/2021

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BETWEEN:

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NAGARAJA S/O KRISHNAPPA AGED ABOUT 36 YEARS R/AT JADIGENAHALLI VILLAGE HOSKOTE TALUK BENGALURU RURAL DISTRICT-562 114.

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AMBARISH J K S/O KRISHNAPPA AGED ABOUT 38 YREARS R/AT NO.95, JADIGENAHALLI VILLAGE HOSKOTE TALUK BENGALURU RURAL DISTRICT-562 114 ... APPELLANTS

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(BY SRI PRATHAPA R, ADV.)

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AND

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THE STATE OF KARNATAKA BY HOSKOTE POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU-560 001.

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RAJA @ MICHAL RAJA S/O MUNIDASAPPA AGED ABOUT 35 YEARS R/AT JADIGENAHALLI VILLAGE

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CRL.A.No.1871/2021

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HOSKOTE TALUK BENGALURU RURAL DISTRICT-562 114

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... RESPONDENTS

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(BY SRI SHANKAR H S, HCGP FOR R1 R2 SERVED AND UNREPRESENTED)

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THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14(A)(2) OF SC/ST (POA) ACT PRAYING TO GRANT THEM BAIL IN CR.NO.307/2021 OF HOSAKOTE POLICE STATION, AND THE ORDER DATED 13.12.2021 NOW PENDING ON THE FILE OF II ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 324, 504, 506 READ WITH SECTION 34 OF IPC AND SECTIONS 3(1)(r)(s) OF SC/ST (POA) ACT.

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

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JUDGMENT

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Learned High Court Government Pleader submits the report of Investigating Officer regarding service of notice on respondent No.2. Respondent No.2 served unrepresented.

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Heard.

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Aggrieved by the rejection of their bail petition, accused Nos.1 and 2 in Crime No.307/2021 of Hoskote Police Station have preferred the above appeal.

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CRL.A.No.1871/2021

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Hoskote police have registered Crime No.307/2021 against the appellants for the offences punishable under Sections 324, 504, 506 read with section 34 of IPC and Sections 3(1)(r)(s) of Scheduled Castes and Scheduled Tribes (PoA) Act on the basis of the complaint of one Raja.

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It is alleged that on 17.09.2021 at about 6.30 p.m. near Nanjundappa store/shop of Jadigenahalli village, Hoskote Taluk appellant No.1 stamped the foot of the complainant’s mother. It is further alleged that when the complainant questioned that, the appellants abused him and his mother with reference to their castes and assaulted both of them. It is alleged that appellant No.1 assaulted the complainant with stone and caused him grievous injuries.

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Appellants are arrested and are in judicial custody since 02.12.2021. The trial Court by the impugned order rejected their bail petition on the ground that the

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CRL.A.No.1871/2021

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case is still under investigation, if bail is granted the appellants may flee from the justice.

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The offence said to have been committed on 17.02.2021 at about 6.00 p.m. FIR said to have been registered on 18.02.2021 at about 5.00 p.m. and the same is delivered to the Court on 19.02.2021 at about 1.00 p.m.

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As per the complaint and the wound certificate themselves, the alleged assault was with stone by the first appellant. The offences alleged against the appellants are not exclusively punishable with death or imprisonment for life. The investigation is already concluded.

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There was no basis for the observation of the trial Court that if bail is granted, appellants are likely to flee from the justice. Even if so, such apprehension could have been addressed imposing suitable conditions.

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For the aforesaid reasons, the trial Court was not justified in rejecting the bail application. Therefore the appeal is allowed.

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CRL.A.No.1871/2021

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The impugned order of the trial Court is hereby set aside. The appellants are granted bail in Crime No.307/2021 of Hoskote Police Station subject to the following conditions:

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(i) The appellants shall execute personal bonds in a sum of Rs.25,000/-(Rupees Twenty Five Thousand only) with one surety each in the like sum to the satisfaction of the trial Court;

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

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

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

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Registry shall communicate the copy of the order

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to the jurisdictional Court and prison.

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SD/JUDGE

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PKN

Nagaraja v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Nagaraja v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

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