Allowed

Shashikumar v. the State of Karnataka

Karnataka HC3 Sept 2024CRL.A/1275/2024

Case brief

AI extract

What is this about?

Appeal under Section 14(A)(2) of the SC/ST (POA) Act challenging rejection of bail in an assault case. Investigation was complete and charge sheet filed; the accused had no criminal antecedents. The High Court allowed the appeal and ordered release on bail with conditions.

What did the court decide?

Appellant released on bail in Crime No.230/2024 subject to bond of Rs.1,00,000 with two sureties and conditions on address, travel, witness tampering and attendance.

Shashikumar Vs the State of Karnataka — Caste Atrocities | Karnataka HC (2024)

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NC: 2024:KHC:35892 CRL.A No. 1275 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3^RD DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL APPEAL NO. 1275 OF 2024

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BETWEEN:

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SHASHIKUMAR S/O LAKSHMAIAH, AGED ABOUT 29 YEARS, R/AT NO.19, KOTHITOPU, TUMAKURU TOWN, TUMAKURU DISTRICT-572101.

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…APPELLANT

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(BY SRI. CHANDRASHEKARA K. A., ADVOCATE)

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AND:

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Digitally signed by YAMUNA K L Location: High Court of Karnataka

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THE STATE OF KARNATAKA BY THE POLICE OF TUMAKURU TOWN POLICE STATION, TUMAKURU-572101. REPRESENTED BY SPP HIGH COURT OF KARNATAKA, BENGALURU-560001.

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NARASIMHAMURTHY, S/O NARASAIAH, AGED ABOUT 44 YEARS, R/AT WARD NO 23, SATHYAMANGALA, BIRANAKALLU ROAD, TUMAKURU -572101.

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NC: 2024:KHC:35892 CRL.A No. 1275 of 2024

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…RESPONDENTS

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(BY SRI. RANGSWAMY. R., HCGP FOR R1; SRI. RAJATH. H. V., ADVOCATE FOR R2)

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THIS CRL.A. IS FILED U/S.14(A)(2) PRAYING TO SET ASIDE THE ORDER DATED 28.06.2024 PASSED BY THE LEARNED III ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMAKURU IN CRL.MISC.NO.943/2024 AND GANT HIM BAIL IN CR.NO.230/2024 OF TUMAKURU TOWN POLICE STATION, TUAMKURU NOW PENDING ON THE FILE OF THE LEARNED III ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUAMKURU FOR THE OFFENCE P/SU/ 323, 307, 504, 506 OF IPC AND SEC.3(1)(r), 3(1)(s), 3(2)(v-a) OF SC/ST (POA) 2015.

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

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CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ

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ORAL JUDGMENT

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Heard the learned counsel for appellant, learned High Court Government Pleader for respondent No.1/State and learned counsel appearing for respondent No.2/defacto complainant/injured.

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On a complaint lodged by respondent No.2, a case was registered against the appellant/accused in Crime No.230/2024 of Tumakuru town police station for

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3 - NC: 2024:KHC:35892 CRL.A No. 1275 of 2024

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the offence punishable under Section 323, 307, 504, 506 of IPC and Section 3(1)(r), 3(1)(s) and 3(2)(v-a) of the SC/ST(POA) amendment Act, 2015.

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Appellant was arrested on 05.06.2024. He preferred a petition under Section 439 of Cr.P.C. before the Court of III Additional District and Sessions Judge at Tumakuru, in Crl.Misc.Pet.No.943/2024. The said petition was rejected vide order dated 28.06.2024.

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The present appeal is preferred to set aside the above order and to enlarge the appellant on bail.

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It is alleged that accused was having an illicit relationship with the wife of one Shivanna (CW.4). Hence, CW.4 used to quarrel with his wife. He requested the injured/CW.1 to provide him a separate house. The injured had advised the accused not to have any relationship with the wife of CW.4. In this background, on 02.06.2024 at about 11:30 a.m., accused picked up quarrel with CW.1 and assaulted him with an intention to commit his murder and caused grievous injuries to him.

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NC: 2024:KHC:35892 CRL.A No. 1275 of 2024

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As per complaint averments, the accused assaulted the injured with a chopper on the forehead, back of his head and also on the left cheek and when the injured tried to evade the said blow, he sustained injuries to his right hand thumb and on his left hand. The injured was then shifted to District Government hospital, Tumakuru for treatment.

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Charge sheet has been filed wherein, it is alleged that the accused has assaulted the injured with a cement concrete stone which was lying on the ground, on his head, face, etc. and also abused him in filthy language referring to his caste etc.

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As per wound certificate, the injured has sustained multiple laceration injuries on the right of the parietal and fore-finger region as well as injuries to his face and forearm.

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The learned counsel appearing for respondent No.2 has contended that the injured has suffered facial

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5 - NC: 2024:KHC:35892 CRL.A No. 1275 of 2024

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bone fracture. Injuries are grievous in nature and therefore, he is not entitled for the relief of bail.

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The learned High Court Government Pleader contended that there is a prima-facie case against the appellant and if he is enlarged on bail, he may tamper the prosecution witnesses and also flee from justice.

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The learned Sessions Judge has dismissed the petition filed under Section 439 of Cr.P.C., observing that there are prima-facie material to believe that the accused has committed a serious offence and investigation is still pending, the Investigation Officer has to record the statement of eye witnesses and other witnesses.

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Admittedly, now the investigation is completed and charge sheet is filed. Injured has been discharged from the hospital. As per the charge sheet, accused assaulted the injured with a cement concrete stone which was lying at the spot and not with a chopper as alleged in the complaint .

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6 - NC: 2024:KHC:35892 CRL.A No. 1275 of 2024

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Accused is already arrested and interrogated.

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He is not required for further interrogation. Investigation is completed and charge sheet is already filed. He has no criminal antecedents. Hence, by imposing conditions, the relief sought in this appeal can be granted.

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14. Accordingly, the following:

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ORDER

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i) Appeal is allowed .

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ii) Order dated 28.06.2024 passed by the Court of III Additional District and Sessions Judge at Tumakuru in Crl.Misc.Pet.No.943/2024 is set aside.

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iii) Appellant/accused is ordered to be released on

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bail in Crime No.230/2024 of Tumakuru town police station, pending in Spl.C.C.No.485/2024 on the file of the Court of III Additional District and Sessions Judge Tumakuru, subject to following conditions.

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a) He shall execute a bond in a sum of Rs.1,00,000/- (Rupees One Lakh Only) with two sureties for the likesum to the satisfaction of the jurisdictional Court.

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b) He shall furnish proof of his residential address and shall inform the Investigation Officer/Court, if there is change in the address.

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c) He shall not leave the jurisdiction of the trial Court without prior permission of the learned session Judge.

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d) He shall not tamper with the prosecution witnesses either directly or indirectly.

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e) He shall appear before the trial Court on all dates of hearing without fail.

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Sd/(MOHAMMAD NAWAZ) JUDGE

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LDC

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List No.: 1 Sl No.: 20

Shashikumar v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Shashikumar v. the State of Karnataka

Case brief

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