Allowed

Mr. Krishna C v. the State of Karnataka

Karnataka HC4 Apr 2022CRL.A/333/2022

Case brief

AI extract

What is this about?

The High Court allowed a criminal appeal under Section 14(A)(2) of the SC/ST (POA) Act to set aside the Sessions Court's order rejecting bail. The Court enlarged the appellant on bail in an assault and cheating case pending against him, imposing specific conditions to prevent tampering with witnesses and further criminal involvement.

What did the court decide?

Appellant enlarged on bail under Rs. 1,00,000 with sureties, subject to conditions of residence, no tampering, and appearing on dates.

Mr. Krishna C Vs the State of Karnataka — Bail and Remand | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 04^TH DAY OF APRIL, 2022

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BEFORE

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THE HON’BLE MR.JUSTICE MOHAMMAD NAWAZ

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CRIMINAL APPEAL No.333 OF 2022

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BETWEEN:

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MR. KRISHNA C, AGED ABOUT 45 YEARS, S/O LATE CHIKKANANJEGOWDA, R/AT MARBALLI VILLAGE, JAYAPURA HOBLI, MYSURU DISTRICT – 570008. ...APPELLANT

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[BY SRI.A.S.PONNANNA, SENIOR COUNSEL FOR SMT. LEELA P, ADVOCATE]

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AND:

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THE STATE OF KARNATAKA, BY HULLAHALLI POLICE STATION, REP. BY SPP, HIGH COURT OF KARNATAKA, BENGALURU – 560001.

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SMT GOWRAMMA, W/O NANJAIAH, AGED MAJOR, R/O NO 191, KIDAGANNAMMANA BADAWANE, KUMBARAKOPPALA, MYSURU – 570004. ...RESPONDENTS

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[BY SRI.KRISHNA KUMAR K.K, 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, 2015 PRAYING TO SET ASIDE THE ORDER DATED 02.03.2022 IN CR.NO.31/2022 PASSED BY THE VI ADDITIONAL DISTRICT AND SPECIAL JUDGE, MYSURU AND

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CONSEQUENTLY PASS AN ORDER ENLARGING THE APPELLANT ON BAIL, IN FIR BEARING CR.NO.31/2022 DATED 24.02.2022 REGISTERED BY THE 1ST RESPONDENT - HULLAHALLI POLICE STATION, PENDING ON THE FILE OF VI ADDITIONAL DISTRICT AND SESSIONS JUDGE, MYSURU DISTRICT FOR THE OFFENCES P/U/S 506, 355, 392, 420, 323, 324, 354, 355, 417 R/W 34 OF IPC AND SECTION 3(1)(r), 3(1)(s), 3(2) OF SC/ST (POA) ACT.

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THIS CRIMINAL APPEAL COMING ON FOR ADMISSION THROUGH VIDEO CONFERENCE/PHYSICAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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This appeal is preferred under Section 14(A)(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Bill, 2015 (SC / ST (POA) Act for short) to set aside the impugned order rejecting the bail application of the appellant by the learned Sessions Court and consequently to enlarge him bail.

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Appellant is accused No.1 in

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Crime No. 31/2022 registered by Hollahalli Police Station for offences punishable under Sections 506, 504, 355, 392, 420, 323, 324, 354, 355, 417 r/w Section 34 of IPC and Sections 3(1)(r), 3(1)(s), 3(2) of the SC/ST (POA) Act.

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Heard the learned Senior counsel

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Sri A.S.Ponnanna for the appellant, the learned HCGP for

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respondent-State and perused the material on record.

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Respondent No.2-defacto complainant is

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served but there is no representation.

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The appellant came to be arrested on 24.02.2022 and remanded to judicial custody. He preferred an application under Section 439 of Cr.P.C.

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before the VI Additional District and Special Judge, Mysuru, which came to be rejected vide order dated 02.03.2022.

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The learned Sessions Judge has observed that there is apprehension of accused tampering the witnesses and the investigation of the case is not yet completed.

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The gist of the complaint lodged by respondent No.2-Gowramma is that she married one Nanjaiah, a resident of Marballi village in the year 1993.

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Since he was suspecting her fidelity and subjecting her

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to physical and mental cruelty, she requested the accused, working as a Head Constable, to help her. The accused developed friendship with her and they became closely acquainted with each other. He promised that he will marry her and on his assurance, she divorced her husband on 16.10.2009. Thereafter, from 2009 to 2020, the complainant started living with the accused and there was physical relationship on 4-5 occasions. On account of which she became pregnant and pregnancy was terminated. Complainant requested him to marry her, but on one pretext or the other, he refused to marry her. He received a sum of Rs.5,00,000/- from her assuring that she will be provided a house from the Society. On 14.02.2022 at 6.30 p.m., when she asked him as to why he is not marrying her, he picked up quarrel and assaulted her with club and also abused and threatened her with dire consequences.

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A reading of the complaint averments would

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go to show that there was physical relationship between the first informant and the appellant from 2009 to 2020. The incident of assault etc. is alleged to have taken place on 14.02.2022. The complaint is lodged on 24.02.2022. It is brought to the notice of this Court that in respect of the incident which took place on 14.02.2022, there is one more case registered on a complaint lodged by the wife of the accused against the first informant herein for offences punishable under Sections 341, 307, 427, 447, 504 and 506 of IPC. A copy of the FIR is produced at Annexure-D.

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Considering the entire facts and

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circumstances of the case and also considering that the appellant is already arrested and interrogated and he is not required for further interrogation, the relief sought by the appellant can be granted by imposing suitable conditions. Accordingly, the following:

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ORDER

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i. The appeal is allowed.

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ii. The Order dated 02.03.2022 In Cr.No.31/2022 passed by The VI Additional District and Special Judge, Mysuru, is hereby set aside.

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iii. Appellant / accused is ordered to be enlarged on bail in Crime No.31/2022 of Hullahalli Police Station, subject to following conditions:

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a. Appellant shall execute a personal

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bond in a sum of Rs.1,00,000/- (Rupees one lakh only) with two sureties for like sum to the satisfaction of the jurisdictional Court.

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b. Appellant shall furnish proof of his

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residential address and shall inform the Court, if there is change in the address.

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c. Appellant shall not leave the

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jurisdiction of the trial Court without prior permission of the learned Session Judge.

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d. Appellant shall not tamper with the prosecution witnesses and shall not give any threat or inducement to the victim in any manner.

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e. Appellant shall not involve in any criminal activity.

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f. Appellant shall appear before the

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trial Court on all dates of hearing.

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g. If any of the above conditions

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are violated, the prosecution is at liberty to move for cancellation of bail.

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Sd/JUDGE

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Mr. Krishna C v. the State of Karnataka

Case brief

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Mr. Krishna C v. the State of Karnataka

Case brief

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