Allowed

Sri. Chandrashekar T.Chandru v. the State of Karnataka

Karnataka HC11 Aug 2023CRL.A/1088/2023

Case brief

AI extract

What is this about?

High Court allowed Criminal Appeal filed by accused No. 4 seeking anticipatory bail. Court set aside lower court order rejecting bail, finding no serious overt acts or prima facie case under SC/ST Act attracting statutory bar. Bail granted subject to bond execution and other conditions.

What did the court decide?

Impugned Order dated 25.05.2023 set aside. Appellant granted anticipatory bail subject to personal bond of Rs. 1,00,000/ with surety, voluntary appearance within 15 days, no threat to witnesses and co

Sri. Chandrashekar T.Chandru Vs the State of Karnataka — Narcotics (NDPS) | Karnataka HC (2023)

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NC: 2023:KHC:28571 CRL.A No. 1088 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11^TH DAY OF AUGUST, 2023

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BEFORE

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THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL APPEAL NO. 1088 OF 2023

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BETWEEN:

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SRI. CHANDRASHEKAR T @ CHANDRU S/O THIPPAIAH AGED ABOUT 26 YEARS R/AT: No.158, RANGENAHALLI VILLAGE TARIKERE TALUK CHIKKAMAGALUR DISTRICT – 577 228.

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…APPELLANT

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(BY SRI. RUDRAPPA P, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA

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Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA

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BY SAKKARAYAPATNA POLICE STATION

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KADUR TALUK – 577 135.

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REPRESENTED BY

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STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS HIGH COURT OF KARNATAKA BENGALURU – 560 001.

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INDIRAMMA W/O LATE RAVI AGED ABOUT 44 YEARS R/O: NEAR USHA NURSHING HOME

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SAVALANGA ROAD

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NC: 2023:KHC:28571 CRL.A No. 1088 of 2023

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AND ALSO AT: KAKA ANGADI ROAD 3^RD HOUSE, HANUMANTHA NAGARA SHIVAMOGGA – 577 201.

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ANITHA D/O LATE RAVI

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W/O MURUGHA AGED ABOURT 21 YEARS

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B.H.CENTER, SHIMSI CIRCLE N.R.PURA, CHIKKAMAGALURU

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DISTRICT – 577 134.

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VINAYA, S/O LATE RAVI AGED ABOUT 15 YEARS KAKA ANGADI ROAD 3^RD HOUSE, HANUMANTHA NAGARA SHIVAMOGGA – 577 201.

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RESPONDENT No.4 IS MINOR, REPRESENTED BY HIS NATURAL GUARDIAN MOTHER SMT. INDIRAMMA RESPONDENT No.2.

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…RESPONDENTS

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(BY SRI RAHUL RAI K, HCGP FOR R1 R2 TO R4 ARE SERVED AND UNREPRESENTED)

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THIS CRL.A. IS FILED U/S.14(A) (2) OF SC/ST (POA) ACT, 2015 PRAYING TO SET ASIDE THE ORDER DATED 25.05.2023 IN CRL.MISC.NO.352/2023 PASSED BY THE COURT OF I ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHIKKAMGALURU AND ALLOW THE ABOVE APPEAL RELEASE THE APPELLANT (ACCUSED NO.40 IN CONNECTION WITH THE CR.NO.146/2023 REGISTERED BY THE SAKKARAYAPATNA POLICE STATION, KADUR TALUK, CHIKKAMAGALURU DISTRICT IN THE EVENT OF HIS ARREST BY THE RESPONDENT POLICE.

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

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NC: 2023:KHC:28571 CRL.A No. 1088 of 2023

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J U D G M E N T

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This appeal is filed by appellant – accused No. 4 praying to set aside the order dated 25.05.2023 passed by I Additional District and Sessions Judge, Chikkamagalur rejecting Crl.Misc. No. 352/2023 filed by appellant – accused No. 4 seeking anticipatory bail in respect of Crime No. 146/2022 of Sakkarayapatna Police Station registered for the offence punishable under Sections 342, 302, 201 read with Section 34 of IPC and Section 3(2)(v), 3(2)(vii) of the SC/ST (Prevention of Atrocities) Act, 1989 (hereinafter referred to as `the Act’).

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Heard arguments of learned counsel for the appellant and learned HCGP appearing for respondent No. 1 – State. Inspite of service of notice, respondent Nos. 2 to 4 remained absent and unrepresented.

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Case of the prosecution is that, on 20.10.2022 at

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12.30 a.m accused Nos. 1 and 2 who are the forest officials were on beat duty during the night hours in the

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4 - NC: 2023:KHC:28571 CRL.A No. 1088 of 2023

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forest. When they were at Kamenahalli forest area, near Hulekallappa temple, they heard noise of cutting tree and

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on search, they saw some persons were cutting sandal wood tree. They tried to catch hold the said persons, but some persons escaped and they managed to catch hold two persons by name Ravi and Raju. They brought them to Hospete Guest House for enquiry alleging that they are sandal tree smugglers. In the morning said Ravi died due to chest pain and thereafter his body was shifted to Kote Camp. On enquiry, the complainant came to know that accused Nos. 1 and 2 had illegally detained the said Ravi at Forest quarters of Hosapete and assaulted him with bamboo club on his hands, fingers, leg and hips and as a result said Ravi died. The complaint came to be registered in Crime No. 146/2022 of Sakkarayapatna Police Station for the offence punishable under Sections 342, 302, 201 read with Section 34 of IPC and under Section 3(2)(v), 3(2)(vii) of SC/ST (Prevention of Corruption) Act, 1989.

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5 - NC: 2023:KHC:28571 CRL.A No. 1088 of 2023

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This appellant is arraigned as accused No. 4. Apprehending his arrest he filed Crl. Misc. No. 352/2023 seeking anticipatory bail and the same came to be rejected by the impugned order which is challenged in this appeal.

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Learned counsel for appellant – accused No. 4 would contend that no serious overt acts are alleged against this appellant – accused No. 4. The accusation leveled against appellant – accused No. 4 is that after the death of deceased he assisted accused Nos. 1 and 2 in shifting the dead body to Kote Camp. It is his further submission that the offence which is attracted against appellant – accused No. 4 is under Section 201 of IPC which is not punishable with either death or imprisonment for life. There is no allegation of assault by this appellant - accused No. 4 to deceased or another. Serious overt acts are alleged against accused Nos. 1 and 2 who are stated to have assaulted the deceased with bamboo stick and caused his death. It is his further submission that there is

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6 - NC: 2023:KHC:28571 CRL.A No. 1088 of 2023

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no prima-facie case against appellant - accused No. 4 for the offence under Section 3(2)(v), 3(2)(vii) of the Act and therefore, the bar contained under Section 18 and 18(A-2) of the Act is not attracted. Without considering all these aspects, learned Sessions Judge has passed the impugned order which requires interference. With this, he prayed to allow the appeal and grant anticipatory bail to appellant - accused No. 4.

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Per contra learned HCGP would contend that appellant - accused No. 4 assisted accused Nos. 1 and 2 to shift the dead body from the forest guest house to Kote Camp and caused disappearance of the evidence. It is further submitted that the trial Court considering the involvement of the appellant – accused No. 4 has rightly rejected his petition seeking anticipatory bail by the impugned order which does not call for any interference by this Court. With this he prayed to dismiss the appeal.

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7 - NC: 2023:KHC:28571 CRL.A No. 1088 of 2023

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Having regard to the submissions made by learned counsel for the appellant and learned HCGP, this Court has gone through the impugned order and charge sheet papers.

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As per the charge sheet papers accused No. 1 assaulted deceased - Ravi by taking him to forest quarters, caused injuries and committed his murder. Accusation against appellant - accused No. 4 is that he assisted accused Nos. 1 to 3 to shift the dead body in the Baleno vehicle of accused No. 1 to Kote Camp and caused disappearance of the evidence. No serious overt acts are alleged against this accused No.3. Serious overt acts are alleged against accused No.1 who is alleged to have assaulted deceased - Ravi causing injuries and death. Considering the overt acts alleged against appellant - accused No.4 at this stage it cannot be said that there is prima-facie case against this appellant - accused No. 4 for the offence under Section 3(2)(v) and 3(2)(vii) of the Act. Therefore, the bar contained under Section 18 and 18-A of

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8 - NC: 2023:KHC:28571 CRL.A No. 1088 of 2023

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the Act is not attracted. Without considering all these aspects, learned Sessions Judge has passed the impugned

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order which requires interference of this Court.

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In the facts and circumstances of the case and submission of the learned counsel for the parties, there are valid grounds for setting aside the impugned order and granting anticipatory bail to the appellant – accused No. 4.

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In the result, I proceed to pass the following:

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ORDER

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Appeal is allowed. The impugned order dated

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25.05.2023 passed by the I Additional District and Sessions Judge, Chikkamagaluru in Crl. Misc. No. 352/2023 is set aside. Consequently appellant - accused No. 4 is granted anticipatory bail and he is ordered to be released on bail in the event of his arrest in Crime No. 146/2022 of Sakkarayapatna Police Station subject to the following conditions:

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i. Appellant – accused No. 4 shall execute a personal bond for a sum of Rs. 1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the jurisdictional Court.

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ii. Appellant – accused No. 4 shall voluntarily appear before the jurisdictional Court within 15 days from the date of receipt of certified copy of this order and shall execute bail bond and furnish surety.

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iii. Appellant – accused No. 4 shall not threaten the prosecution witnesses.

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iv. Appellant – accused No. 4 shall attend the Court on all dates of hearing unless exempted and cooperate in speedy disposal of the case.

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Sd/JUDGE

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LRS

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List No.: 1 Sl No.: 13

Sri. Chandrashekar T.Chandru v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri. Chandrashekar T.Chandru v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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