Appeal by accused No.5 against rejection of his bail application in a murder case involving assault with stone and cement hollow block during an alleged caste-based atrocity. The court found a prima facie case on charge-sheet material, noted the gravity of punishment and risk to witnesses, and dismissed the appeal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:46697 CRL.A No. 1736 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL No. 1736 OF 2024
BETWEEN:
LANKESH S/O GOVINDARAJU AGED ABOUT 24 YEARS R/AT CHUNCHIDODDI VILLAGE HAROSHIVANAHALLI, UYYAMBALLI HOBLI KANAKAPURA TALUK RAMANAGARA – 562 117. PIN CODE – 562 149.
…APPELLANT
(BY SRI RAJU C N, ADVOCATE)
AND:
Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA
D/O VENKATESH AGED ABOUT 19 YEARS R/AT C/O ASHWATHAPPA BUILDING 2ND MAIN, DENA BANK ROAD SHARADANAGAR KONANAKUNTE CROSS BENGALURU – 560 061. PIN CODE – 561 249.
…RESPONDENTS
(BY SRI K NAGESHWARAPPA, HCGP FOR R1 R2-SERVED . UNREPRESENTED)
THIS CRL.A IS FILED UNDER SECTION 14(A)2) OF SC/ST (POA) ACT PRAYING TO SET ASIDE THE ORDER DATED 31.07.2024 PASSED BY THE LXX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE BENGALURU ARISING OUT OF CR.No.30/2024 OF SUBRAMANYA PURA POLICE BENGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 143, 147, 148, 302, 307, 149 OF IPC AND SECTION 3(2)(V) OF SC/ST (POA) ACT AND ETC.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL JUDGMENT
No. 5 praying to set aside the order dated 31.07.2024 passed in Crl.Misc. No. 5193/2024 by the LXX Additional City Civil and Sessions Judge and Special Judge, Bengaluru rejecting the bail petition of this appellant - accused No. 5 sought in respect of crime No. 30/2024 of Subrahmanyapura Police Station for offence punishable under Sections 143, 147, 148, 302, 307 read with Section
149 of IPC and Section 3(2)(v) of Scheduled Castes Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter for the sake of brevity referred to as the SC ST (POA) Act) came to be rejected.
and learned HCGP for respondent No. 1 – State. Inspite of service of notice, respondent No.2 remained absent and unrepresented.
with C.W.3 and C.W.4. On 25.01.2024 at about 02.00 am, accused Nos.1 to 5 came to the house of C.W.5 and accused Nos.1 to 3 entered the house of C.W.5. Accused No. 1 assaulted C.W.2 with 5 KG cylinder on his head and he fell down. They dragged the deceased out side the house. At that time, accused Nos. 4 and 5 who were sitting in the Autorickshaw came and held the shirt of the deceased, torn it and assaulted him with hands. At that time, accused No. 1 told them to kill the deceased by putting stone. Accused No. 3 threw cement hollow block on the left leg of the deceased and he fell down. At that time, accused No.1 took another cement hollow block and threw it on the left shoulder, accused No.2 threw big stone on the head of the deceased and accused No.1 took the same stone and put it on the head of the deceased. Thereafter, accused No. 5 took small stone and put it on the chest of the deceased. Thereafter they searched for C.W.2 and C.W.2 had escaped from that place. Charge sheet has been filed for offence punishable under Sections 143, 147, 148, 302, 307 read with Section 149 of IPC and
Section 3(2)(v) of SC ST (POA) Act. Appellant - accused No. 5 who is in judicial custody had filed bail petition and the same came to be rejected by the impugned order which is challenged in this appeal.
custodial interrogation. With this, he prayed to allow the appeal and grant bail to the appellant – accused No.5.
this Court has perused the impugned order and other charge sheet material.
C.W.2 had spit smoke on the face of accused No. 1. On 24.01.2024 C.W.2 and the deceased had assaulted accused No. 1 with hands. Thereafter, accused No. 1 went away and came along with other accused at about 02.00 am on 25.01.2024 to the house of C.W.5. Accused Nos. 1 to 3 had entered the house of C.W.5 and assaulted C.W.2 with 5 kg cylinder. Accused Nos. 4 and 5 held the shirt of the deceased and torn it. At the instigation of accused No.1 all the accused assaulted the deceased with stone and cement hollow block on the face, chest and caused injury and death. The accusation against appellant - accused No. 5 is that he held the shirt of the deceased along with accused No.4 and dragged the deceased and assaulted him with hands and thereafter threw small stone on the chest of the deceased when he had fallen on the ground. Appellant - accused No. 5, along with accused Nos. 1 to 4, came to be house of C.W.5 by forming an unlawful assembly with an intention to commit the offence and assaulted the deceased with hands and small stone. Said incident has been witnessed by C.W.2 to C.W.5. On
perusal of the charge sheet material there is prima facie case against this appellant - accused No. 5 for the offence alleged against him. One of the offence alleged against appellant - accused No. 5 is punishable with either death or imprisonment for life. If the appellant - accused No. 5 is granted bail there is threat to the prosecution witnesses. Appellant - accused No. 5 has not made out any grounds for setting aside the impugned order and grant of bail.
O R D E R
Appeal is dismissed.
Sd/-
(SHIVASHANKAR AMARANNAVAR) JUDGE
LRS
List No.: 1 Sl No.: 15
1 issue framed by the court
Whether the appellate court should set aside the Special Judge's rejection of bail for accused No.5 facing charges of unlawful assembly, murder and SC/ST atrocities offence.
3 provisions across 2 enactments
Lankesh S/o Govindaraju
The State by Subramanyapura Police
Tejashwini V
Shivashankar Amaranannavar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
