Allowed

Arun S v. State of Karnataka by

Karnataka HC1 Aug 2024CRL.A/1281/2024

Case brief

AI extract

What is this about?

Appeal under Section 14(A)(2) SC/ST (POA) Act against rejection of bail for accused Nos.4 and 6 in a murder and grievous hurt case. The court found no serious overt-act alleged against them assaulting the deceased, and with the charge sheet filed, granted bail with conditions.

What did the court decide?

Appellants released on bail subject to Rs.1,00,000 personal bond with surety, no tampering or threatening witnesses, attendance at hearings, and no similar offences.

Arun S Vs State of Karnataka by — Caste Atrocities | Karnataka HC (2024)

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1 - NC: 2024:KHC:30542 CRL.A No. 1281 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 1^ST DAY OF AUGUST, 2024

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BEFORE

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THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR

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CRIMINAL APPEAL NO. 1281 OF 2024

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BETWEEN:

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ARUN S. AGED ABOUT 24 YEARS, S/O. LATE SHAAMANNA R/A 701, 15^TH WARD, PUTTAPPANNA GUDI STREET, DEVANAHALLI, BANGALORE RURAL, BANGALORE – 562110.

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BHASKAR @ ASHOK AGED ABOUT 18 YEARS, S/O. LATE SHAAMANNA, R/A #701, 15^TH WARD, PUTTAPPANNA GUDI STREET, DEVANAHALLI, BANGALORE RURAL, BANGALORE - 562110.

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YASHAVANT NARAYANKAR

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Location: HIGH COURT OF KARNATAKA

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…APPELLANTS

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(BY SRI. M.S. SHYAMSUNDAR, SENIOR ADVOCATE FOR SMT. VANDANA P.L. ADVOCATE)

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AND:

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STATE OF KARNATAKA BY CHANANRAYAPATNA PS, REPRESENTED BY SPP HIGH COURT OF KARNATAKA, BANGALORE - 560 001.

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MR. PRAVEEN C. N, AGED ABOUT 25 YEARS, S/O. NAGARAJ CHANNAHALLI VILLAGE,

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NC: 2024:KHC:30542 CRL.A No. 1281 of 2024

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CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK, BANGALORE DISTRICT - 562 135.

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…RESPONDENTS

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(BY SRI. RANGASWAMY, HCGP FOR R1; R2 SERVED)

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THIS CRIMINAL APPEAL FILED U/S 14(A)(2) OF SC/ST (POA) ACT, 2015 BY THE ADVOCATE FOR THE APPELLANT/S PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO SET ASIDE THE ORDERS PASSED BY THE LEARNED II ADDL. DISTRICT AND SESSIONS JUDGE, BANGALORE RURAL DISTRICT, AT BANGALORE IN CRL.MISC.NO.1331/2024 DATED 26.06.2024 VIDE ANNEXURE-A ARISING OUT OF CR.NO.0014/2024 DATED 31.01.2024 OF CHANNARAYAPATNA P.S., FOR THE OFFENCE P/U/S 143, 147, 148, 447, 323, 324, 307, 354, 504, 506, 302 R/W 149 OF IPC AND SEC. 3(1)(r)(s), 3(2)(5)(a) OF SC/ST ACT, ARRAIGNING THE PRESENT APPELLANTS AS ACCUS4ED NO.4 AND 6 RESPECTIVELY IN THE CHARGE SHEET VIDE ANNEXURE-D AND GRANT REGULAR BAIL.

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

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CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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3 - NC: 2024:KHC:30542 CRL.A No. 1281 of 2024

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ORAL JUDGMENT

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This appeal is filed by the appellants-accused No.4 and 6 praying to set aside the order dated 26.06.2024 passed in Crl.Misc.No.1331/2024 by the II Additional District and Sessions Judge, Bangalore Rural District, at Bangalore where under, bail application of these appellants/accused No.4 and 6 sought in respect of Crime No.14/2024 of Channarayapatna police station for offences punishable under Sections 143, 147, 148, 447, 120(B), 323, 324, 302, 307, 354, 504 and 506 r/w Section 149 of IPC and Section 3(1)(r)(s)(w) and 3(2)(5)(f) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 came to be rejected.

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Heard learned senior counsel for appellants and learned HCGP for respondent No.1-State. Inspite of service of notice, respondent No.2 remained absent and unrepresented.

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It is the case of the prosecution that CW8Sri.Narayana Swamy is the owner of Sy.No.77 and he

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agreed to sell 10 guntas of land out of 1 acre 10 guntas of land to accused No.11 for a sum of Rs.12,85,000/- and received an advance amount of Rs.3,15,000/-. Thereafter, a substantial portion of the land in Sy.No.77 is acquired for formation of road and CW8 has not executed a registered sale deed and agreed to return the advance amount to accused No.11. That, on 31.01.2024 at 9.30 a.m., CW8 was digging the bore well in his land. Accused Nos.1 and 11 came there and raised objection for such digging of bore well in the said land and CW8 did not stop digging of the bore well. Accused Nos.1, 11 to 13 called accused Nos.2 to 10 near Toll Plaza and hatched criminal conspiracy and accused Nos.1, 11 to 13 abetted the other accused to make galata to stop the bore well work and to commit the offences against CW8 and his family members. Thereafter, accused Nos.1 to 10 formed an unlawful assembly, accused Nos.1 to 7, 9 and 10 were holding deadly weapons like clubs and accused No.8 was holding chopper and they went to the land of CW8 at 10.30 a.m. on 31.01.2024. Accused Nos.1 to 10 trespassed into

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Sy.No.77 to stop digging the borewell. At that time, CWs.1 to 9 and the deceased Sri.Sanjay raised objection and accused Nos.1 to 10 assaulted them and as a result, the deceased Sri.Sanjay sustained grievous bleeding injuries and succumbed to the injuries on 09.02.2024 in the hospital. CWs.1 and 5 sustained simple injuries and CWs.2, 4, 6 and 7 sustained grievous injuries. CW3 sustained simple as well as grievous injuries. A complaint came to be filed in that regard. After investigation, charge sheet came to be filed for the aforesaid offences.

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These appellants came to be arrested on 16.02.2024 and they are in judicial custody. The appellants filed Crl.Misc.No.1331/2024 seeking bail and same came to be rejected by the impugned order which is challenged in this appeal.

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The learned senior counsel for the appellants would contend that on reading column No. 17 of the charge sheet, there is no overt-act alleged against these appellants assaulting the deceased Sanjay. The overt-act

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alleged against these appellants namely, the appellant No.1/accused No.4 has assaulted with club to CW-1 on his head and to CW-3 on his hand and as against appellant No.2/accused No.6, he assaulted with club to CW-2 on his head and caused grievous injury. He contends that accused No.11 who is the main cause for the quarrel has been granted bail by this Court. The alleged incident is a quarrel among the villagers with respect to dispute regarding property and there is no premeditation to assault the deceased and the injured. As the charge sheet is filed, the appellants are not required for custodial interrogation. On these grounds, he prayed to set aside the impugned order and grant bail to the appellants.

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Per contra, learned High Court Government

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Pleader would contend that there is a serious overt-act alleged against the appellants causing grievous hurt with club to CW-1, 2 and 3 which attracts offence under Section 307 of IPC. The statement of CW-5 has been recorded under Section 164 of Cr.P.C. The blood-stained clothes of

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CW-1 to 3 have been seized under mahazar. Accused

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No.11 has been granted bail on medical grounds and accused No.13 has been granted bail as no overt-act is alleged against him and therefore, parity is not applicable to the appellants. If the appellants are granted bail, there is a threat to the prosecution witnesses. On these grounds, he prayed to dismiss the appeal.

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Having heard learned counsel for the parties;

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this Court has gone through the charge sheet records and impugned order.

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On perusal of column No.17 of the charge sheet, the overt-act alleged against the appellant No.1/accused No.4 is assault with club to CW-1 on his head and CW-3 on his hand and causing injury. The overtact alleged against appellant No.2/accused No.6 is assault with club on head of CW-2 and causing grievous injury. There is no overt-act alleged against these appellants assaulting the deceased Sanjay. As there is no serious overt-act is alleged against the appellants/accused No.4

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and 6 and as the charge sheet is filed they are entitled for

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grant of bail with conditions.

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In the result the following:

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ORDER

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The appeal is allowed.

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The impugned order dated 26.06.2024 passed in

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passed in Crl.Misc.No.1331/2024 by the II Additional District and Sessions Judge, Bangalore Rural District, at Bangalore is set aside.

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The appellants/accused No.4 and 6 are ordered to be

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released on bail in Crime No.14/2024 of Channarayapatna Police Station subject to the following conditions:

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�� The appellants/accused No.4 and 6 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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