Allowed

Sri. Nandheesh M K v. the State of Karnataka

Karnataka HC18 Aug 2023CRL.A/1109/2023

Case brief

AI extract

What is this about?

The High Court allowed an appeal against the rejection of bail. The Court set aside the impugned order and granted bail to the appellant charged with offences under the SC/ST (POA) Act and IPC, imposing conditions including execution of a bond and refraining from tampering with witnesses.

What did the court decide?

The bail application filed under Section 439 of Cr.P.C is allowed; the appellant is released on bail subject to conditions including a personal bond of Rs. 1,00,000 and prohibitions against tampering

Sri. Nandheesh M K Vs the State of Karnataka — Caste Atrocities | Karnataka HC (2023)

¶1

1 - NC: 2023:KHC:29307 CRL.A No. 1109 of 2023

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 18^TH DAY OF AUGUST, 2023

¶4

BEFORE

¶5

THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL APPEAL No. 1109 OF 2023

¶6

BETWEEN:

¶7

SRI NANDHEESH M K S/O LATE KRISHNA AGED 36 YEARS MADAPATNA VILLAGE KUSHALNAGAR HOBLI KUSHALNAGAR TALUK KODAGU DISTRICT – 571 234.

¶8

…APPELLANT

¶9

(BY SRI B RAVINDRA, ADVOCATE)

¶10

AND:

¶11

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

¶12

THE STATE OF KARNATAKA BY KUSHALNAGAR TOWN POLICE STATION REPRESENTED BY SPP HIGH COURT BUILDING BENGALURU - 560 001.

¶13

SURESH S/O ANNAJI AGED 39 YEARS C/O MADAPATTNA VILLAGE KUSHALNAGAR HOBLI KUSHALNAGAR TALUK KODAGU DISTRICT – 571 234.

¶14

…RESPONDENTS

¶15

(BY SRI M DIVAKAR MADDUR, HCGP FOR R1 R2-SERVED AND UNREPRESENTED)

¶16

2 - NC: 2023:KHC:29307 CRL.A No. 1109 of 2023

¶17

THIS CRL.A. IS FILED U/S.14(A) (2) OF SC/ST (POA) ACT, 2015 PRAYING TO SET ASIDE THE ORDER DATED 15.12.2022 IN CRL.MISC.No.359/2022 PASSED BY THE HON’BLE 1^ST ADDITIONAL DISTRICT AND SESSIONS JUDGE, KODAGU AT MADIKERI U/S.439 OF CRPC FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 307, 324, 326, 506 OF IPC AND SECTIONS 3(1)(r), 3(1)(s), 3(2)(v) OF SC/ST (POA) ACT AND ENLARGE THE APPELLANT ON BAIL U/S.439 OF CRPC FOR PUNISHABLE UNDER SECTIONS 307, 324, 326, 506 OF IPC AND SECTIONS 3(1)(r),3(1)(s), 3(2)(v) OF SC/ST (POA) ACT OF KUSHALNAGAR POLICE STATION, PENDING ON THE FILE OF 1^ST ADDITIONAL DISTRICT AND SESSIONS JUDGE, KODAGU AT MADIKERI IN SPECIAL CASE No.91/2022 AND ETC.,

¶18

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

¶19

JUDGMENT

¶20

This appeal is filed by the sole accused praying to set-aside the order dated 15.12.2022 passed in Crl.Misc.No.359/2022 by the I Additional District and Sessions Judge, Kodagu, Madikeri whereunder, the bail petition filed under Section 439 of Cr.P.C by the appellant

¶21

accused in respect of Crime No.52/2022 of Kushalnagar Town Police Station registered for the offences punishable under Sections 307, 324, 326 and 506 of the Indian Penal Code, 1860 (for short hereinafter referred to as “IPC”) , Sections 3(1)(r), 3(1)(s) and 3(2)(v) of the Scheduled

¶22

3 - NC: 2023:KHC:29307 CRL.A No. 1109 of 2023

¶23

Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short hereinafter referred to as “the Act”), came to be rejected.

¶24

Heard learned counsel for the appellant - accused and learned High Court Government Pleader for respondent No.1 – State.

¶25

Respondent No.2 inspite of service of notice remained absent and unrepresented.

¶26

It is the case of the prosecution that, on 11.10.2022 at about 12.30 pm., Sri.Annaji (injured) (CW2) along with CWs.3 and 4 were cleaning the husk and at that time, appellant – accused came and picked up quarrel with Sri.Annaji and abused him in filthy language taking his caste name and assaulted him with the sickle on his head and near left ear. Due to that, the left ear was cut and bone of the jaw was broken, thereby the appellant – accused caused simple and grievous injuries. The appellant has also threatened CW2. On the basis of the

¶27

¶28

NC: 2023:KHC:29307 CRL.A No. 1109 of 2023

¶29

complaint filed by the son of CW2 namely, Sri.Suresha, a case came to be registered.

¶30

After investigation, charge sheet has been filed against the appellant – accused for the offences punishable under Sections 307, 324, 326 and 506 of IPC and Sections 3(1)(r), 3(1)(s) and 3(2)(v) of the Act and now, the case is pending in Special Case No.91/2022, on the file of I Additional District and Sessions Judge, Kodagu, Madikeri. The appellant came to be arrested on 12.10.2022 and he is in judicial custody. The appellant filed Crl.Misc.No.359/2022 seeking bail and the same came to be rejected by the impugned order, which is challenged in this appeal.

¶31

Learned counsel for the appellant - accused would contend that there is a dispute with regard to passing of drainage water between the complainant’s family and the family of the accused. The injured has been discharged from the hospital on 13.10.2022 and as per the wound certificate, he has sustained two simple and two grievous

¶32

5 - NC: 2023:KHC:29307 CRL.A No. 1109 of 2023

¶33

injuries. On considering the said injuries, it cannot be said that it attracts the offence under Section 307 of IPC. As the charge sheet is filed, the appellant is not required for custodial interrogation. With this, he prayed to allow the appeal and grant anticipatory bail to the appellant - accused.

¶34

Per contra , learned High Court Government Pleader for respondent No.1 - State would contend that the blood stained clothes of the appellant – accused and the sickle has been seized at the instance of the appellant – accused under the mahazar. CWs.10 to 12 are the eye witnesses to the incident, who have stated the specific overt-acts of this appellant – accused. The wound certificate reveal that the injured – CW2 sustained two simple and two grievous injuries. The charge sheet material show prima facie case against the appellant – accused for the offences alleged against him. One of the offence alleged against the appellant – accused is punishable with death or imprisonment for life. Considering these aspects, learned

¶35

6 - NC: 2023:KHC:29307 CRL.A No. 1109 of 2023

¶36

Sessions Judge has rightly rejected the bail petition of the appellant – accused. With this, he prayed to dismiss the appeal.

¶37

Having heard learned counsel for the appellant – accused and learned High Court Government Pleader for respondent No.1 - State, this Court perused the charge sheet material and the impugned order. The appellant – accused has been arrested on 12.10.2022 and he is in judicial custody. The wound certificate of the injured – CW2 reveal that he has sustained two simple and two grievous injuries. As CW2 injured has already been discharged from the hospital, there is no danger to his life with the injuries sustained by him. As the charge sheet is filed, the appellant – accused is not required for custodial interrogation. The apprehension of the prosecution that, if the appellant – accused is granted bail, there is threat to the complainant and other prosecution witnesses can be met with, by imposing stringent conditions. Without considering these aspects, the learned Sessions Judge

¶38

¶39

NC: 2023:KHC:29307 CRL.A No. 1109 of 2023

¶40

passed the impugned order which requires interference by this Court. In the result, the following;

¶41

ORDER

¶42

The appeal is allowed . The impugned order dated 15.12.2022 passed in Crl.Misc.No.359/2022 by I Additional District and Sessions Judge, Kodagu, Madikeri is set-aside. The bail application of the appellant – accused filed under Section 439 of Cr.P.C is allowed. The appellant – accused is ordered to be released on bail in Crime No.52/2022 of Kushalnagar Town Police Station pending in SPl.Case No.91/2022, subject to the following conditions:

¶43

(i) The appellant – accused shall execute a personal bond for a sum of Rs.1,00,000/- (One lakh only) with one surety for the likesum to the satisfaction of the jurisdictional Court.

¶44

(ii) The appellant – accused shall not tamper the prosecution witnesses and threaten the complainant and other prosecution witnesses.

¶45

8 - NC: 2023:KHC:29307 CRL.A No. 1109 of 2023

¶46

(iii) The appellant – accused shall appear on all dates of hearing, unless exempted and co-operate in speedy disposal of the case.

¶47

(iv) The appellant – accused shall not involve in commission of similar offences.

¶48

Sd/JUDGE

¶49

GH List No.: 1 Sl No.: 10

Sri. Nandheesh M K v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri. Nandheesh M K v. the 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

Similar cases

Raja. a @ John Vs State of Karnataka by

Adeebulla Sharief Vs State by Kadugondanahalli Police

Shashank Vs State of Karnataka

Dyamappa G @ Akash Vs the State of Karnataka

Hanumantha Vs the State of Karnataka

Sri. Gajendra Vs State of Karnataka