Allowed

Sri Manu K P @ Alla v. State of Karnataka

Karnataka HC27 Nov 2024CRL.A/1256/2024

Case brief

AI extract

What is this about?

Appeal filed by accused No. 3 to set aside rejection of bail order in a murder case. Court held that since eye-witness statements did not name the appellant, he is entitled to parity with other co-accused. Bail granted.

What did the court decide?

Impugned order dated 30.05.2024 set aside; appellant granted bail on Rs.1,00,000 bond with one surety and standard conditions imposed.

Sri Manu K P @ Alla Vs State of Karnataka — Pension and Retirement Benefits | Karnataka HC (2024)

¶1

1 - NC: 2024:KHC:48694 CRL.A No. 1256 of 2024

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 27^TH DAY OF NOVEMBER, 2024

¶4

BEFORE

¶5

THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL APPEAL NO. 1256 OF 2024

¶6

BETWEEN:

¶7

SRI MANU K P @ ALLA S/O PUTTEGOWDA AGED ABOUT 28 YEARS R/AT KANATHURU VILLAGE DABBEGHATTA HOBLI TUMAKURU DISTRICT-572 227.

¶8

…APPELLANT

¶9

(BY SRI PANDURANGA G, ADVOCATE)

¶10

AND:

¶11

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

¶12

STATE OF KARNATAKA BY TURUEVEKERE POLICE REP BY SPP HIGH COURT OF KARNATAKA BANGALORE – 560 001.

¶13

KIRAN KUMAR S/O MOHAN KUMAR AGE 31 YEARS R/AT HORAPETE TURUVEKERE TUMAKURU - 572 227.

¶14

…RESPONDENTS

¶15

(BY SRI.VENKAR SATHYANARAYANA, HCGP FOR R1 R2 SERVED AND UNREPRESENTED)

¶16

2 - NC: 2024:KHC:48694 CRL.A No. 1256 of 2024

¶17

THIS CRL.A. IS FILED U/S 14(2)(b) OF SC/ST (POA) ACT, 2015, PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO SET ASIDE THE BAIL ORDER IN CRL.MISC.NO.757/2024, DATED 30.05.2024 PASSED BY THE III ADDL. DISTRICT AND SESSIONS JUDGE, TUMKURU AND ENLARGE THE APPELLANT ON BAIL IN SPL.C.NO.668/2023 (CR.NO.142/2023) OF RESPONDENT NO.1 POLICE I.E., TURUVEKERE POLICE, FOR THE OFFENCE P/U/S 143, 147, 148, 302, 324, 341, 120B, 427, 435, 504, 506 R/W SEC. 149 OF IPC AND SEC. 3(2)(v) SC/ST (POA) ACT, PENDING ON THE FILE OF III ADDL. DISTRICT AND SESSIONS JUDGE, TUMKUR AND ETC.

¶18

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

¶19

CORAM: HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR

¶20

ORAL JUDGMENT

¶21

This appeal is filed by the appellant - accused No.3 praying to set aside the order dated 30.05.2024, passed in Crl.Misc.Pet.No.757/2024 by the III Additional District and Sessions Judge, Tumkuru, whereunder the bail petition of this appellant - accused No.3 sought in respect of Crime No.142/2023 of Turuvekere Police Station registered for offences punishable under Sections 143, 147, 148, 302, 324, 341, 120B, 427, 435, 504, 506 r/w Section 149 of Indian Penal Code, 1860 (hereinafter referred to as "IPC" for brevity) and Sections 3 (2) (V) of the Scheduled Castes

¶22

3 - NC: 2024:KHC:48694 CRL.A No. 1256 of 2024

¶23

and Scheduled Tribes (Prevention of Atrocities) Act, 1989, came to be rejected.

¶24

Heard learned counsel for the appellant-accused No.3 and learned High Court Government Pleader for respondent No.1 - State. Inspite of service of notice, respondent No.2 has remained absent and unrepresented.

¶25

The case of the prosecution is that; respondent No.2 has filed complaint on 04.06.2023 stating that on 29.03.2023 at about 8.45 p.m., his brother Ravi and all the accused persons went to Nesara Dhaba, by that time there was exchange of words between Ravi and the accused persons with respect to money transaction. By that time, accused by name Prasadi assaulted with long chopper to the brother of the complainant and caused grievous injuries on his head. With respect to the said incident, a case was registered before Turuvekere Police Station.

¶26

In order to compromise that criminal case, the friend of the complainant by name Darshan insisted by

¶27

4 - NC: 2024:KHC:48694 CRL.A No. 1256 of 2024

¶28

Prasadi and his friends and in view of that Darshan informed the complainant and his brother to compromise the matter.

¶29

On 03.06.2023 for compromise talk at about

¶30

10.00 p.m., the friends of the complainant by name Sanju, Dilip, Mohan, Manjunatha along with Darshan had been to Kammasandra at 11.00 p.m., near Karekallu. Darshan called upon Prasadi to come to the spot for negotiation, but Prasadi inturn informed and called upon Darshasn and others near his house. In view of the said information, the complainant and his friends were on the way to the house of Prasadi, his two friends stopped him. Immediately, the friends of Prasadi in two cars came to the spot with deadly weapons and assaulted Dilip and caused bleeding injuries. Inspite of the repeated requests from the complainant and his friends, Prasadi and his gang caused bleeding injuries to Dilip and burn three bikes belonged to Dilip, Sanju and Manju. Immediately, the complainant and his friends

¶31

¶32

NC: 2024:KHC:48694 CRL.A No. 1256 of 2024

¶33

shifted Dilip to Adi Chunchanagiri hospital. In that regard, respondent No.2 has filed complaint.

¶34

Thereafter, the said Dilip died on 08.06.2023

¶35

and on the complaint of respondent No.2, offence under Section 302 of IPC came to be added.

¶36

The police, after completion of investigation, filed the charge sheet against the petitioner and others for the aforesaid offences. The appellant - accused No.3 who is in the judicial custody filed the bail petition and the same came to be rejected by the impugned order which is challenged in this appeal.

¶37

Learned counsel for the appellant - accused No.3 would contend that the appellant - accused Nos. 4 to 7 who were similarly placed to that of the appellant - accused No.3 have been granted bail and therefore, this appellant-accused No.7 is entitled for grant of bail, on the ground of the parity. He further submits that the eye witnesses whose statements are recorded under Section 164 of Cr.P.C. have not stated the name of this appellant -

¶38

6 - NC: 2024:KHC:48694 CRL.A No. 1256 of 2024

¶39

accused No.3 assaulting the deceased. With this, he prayed to allow the appeal and grant bail to the appellant - accused No.3.

¶40

Learned High Court Government Pleader for

¶41

respondent No.1 - State would contend that CWs.1 to 6 are witnesses to the incident and they have stated that accused Nos.1 to 7 have assaulted the deceased with weapons and caused the said death. The charge sheet papers show prima facie case against this appellant - accused No.3 for the offences alleged against him. With this, he prayed for dismissal of the appeal.

¶42

Having heard the learned counsels, the Court

¶43

has perused the impugned order and other materials placed on record.

¶44

The accusation against the appellant-accused No.3 in column No.17 of the charge sheet is that accused Nos.1 to 7 assaulted Dilip with weapons and caused injuries, which resulted in his death. Accused Nos.4 to 7 who were similarly placed to that of this appellant -

¶45

7 - NC: 2024:KHC:48694 CRL.A No. 1256 of 2024

¶46

accused No.3 have been granted bail by this Court in Crl.A.Nos.114/2024, 2046/2023, 2288/2023 and

¶47

489/2024. The eye witnesses, in their statements recorded under Section 164 of Cr.P.C. have not stated the name of this appellant - accused No.3 assaulting the deceased. Even though the name of this appellant - accused No.3 is mentioned in the complaint/FIR, there is no overt act alleged against the appellant - accused No.3 assaulting the deceased in the complaint. It is stated that the appellants - accused Nos.1 and 2 have assaulted the deceased with weapons and caused injuries and death. Considering the said aspects, the appellant - accused No.3 is entitled to grant of bail on the ground of the parity.

¶48

The appellant - accused No.3 has made out

¶49

grounds for setting aside the impugned order and grant of bail, subject to terms and conditions. Hence, I proceed to pass the following:

¶50

ORDER

¶51

i. The appeal is allowed .

¶52

8 - NC: 2024:KHC:48694 CRL.A No. 1256 of 2024

¶53

ii. The impugned order dated 30.05.2024 passed in Crl.Misc.Pet.No.757/2024 by III Additional District and Sessions Judge, Tumukuru, is set aside. Consequently, the appellant - accused No.3 is granted bail and he is ordered to be released on bail in Crime No.142/2023 of Turuvekere Police Station (pending in Spl.C.No.668/2023), subject to the following conditions:

¶54

a) The appellant - accused No.3 shall execute a personal bond in a sum of Rs.1,00,000/- (Rupees one lakh) with one surety for the likesum to the satisfaction of the trial Court.

¶55

b) The appellant - accused No.3 shall not threaten the complainant or tamper the prosecution witnesses.

¶56

c) The appellant - accused No.3 shall appear before the trial Court on all the dates of hearing unless exempted and co-operate for speedy disposal of the case.

¶57

9 - NC: 2024:KHC:48694 CRL.A No. 1256 of 2024

¶58

d) The appellant - accused No.3 shall not involve in commission of any similar offence during the pendency of case.

¶59

Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

¶60

BKN List No.: 1 Sl No.: 14

Sri Manu K P @ Alla v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Manu K P @ Alla 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

Similar cases

Smt Vijaya Vs Anantha Gummani

Narayana Vs State of Karnataka

Manjunath Vs State of Karnataka

K T Lingaraja Vs the State of Karnataka

Smt Kavya E N Vs Sri Srinivasa R

S.M.Narayana Swamy Vs M.S.Shankaranarayana