Partly allowed

Murali v. State of Karnataka

Karnataka HC20 Nov 2024CRL.A/1805/2024

Case brief

AI extract

What is this about?

Three appeals under Section 14A(2) SC/ST (POA) Act challenged refusal of bail in a murder and caste-atrocity case arising from a fatal group assault. The High Court granted bail to accused Nos.14 and 16 for lack of serious overt acts against the deceased, but dismissed the appeal of accused Nos.2 to 6 given prima facie material.

What did the court decide?

Bail granted to accused Nos.14 and 16 on personal bond Rs.1,00,000 each with one surety, subject to conditions; appeal of accused Nos.2 to 6 dismissed.

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

¶1

1 - NC: 2024:KHC:46923 CRL.A No. 1805 of 2024 C/W CRL.A No. 1904 of 2024 CRL.A No. 1946 of 2024

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 20^TH DAY OF NOVEMBER, 2024

¶4

BEFORE

¶5

THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR

¶6

CRIMINAL APPEAL No. 1805 OF 2024 C/W

¶7

CRIMINAL APPEAL No. 1904 OF 2024 C/W

¶8

CRIMINAL APPEAL No. 1946 OF 2024

¶9

IN CRL.A No. 1805/2024

¶10

BETWEEN:

¶11

MURALI S/O LATE SRINIVAS AGED ABOUT 32 YEARS R/O RAMASANDRA VILLAGE NARASAPUR HOBLI KOLAR TALUK – 563 130.

¶12

…APPELLANT

¶13

(BY SRI M SHARASS CHANDRA, ADVOCATE)

¶14

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

¶15

AND:

¶16

STATE OF KARNATAKA BY VEMAGAL POLICE STATION REPRESENTED BY SPP HIGH COURT OF KARNATAKA BANGALORE – 560 001.

¶17

PRAVEEN R S/O RAMAPPA AGED ABOUT 35 YEARS R/AT JODIGUBBI VILLAGE HALLM RAMASANDRA VILLAGE

¶18

2 - NC: 2024:KHC:46923 CRL.A No. 1805 of 2024 C/W CRL.A No. 1904 of 2024 CRL.A No. 1946 of 2024

¶19

NARASAPUR HOBLI KOLAR TALUK – 563 130.

¶20

…RESPONDENTS

¶21

(BY SRI K NAGESHWARAPPA, HCGP FOR R1 SRI M C VENKATARANGAIAH, ADVOCATE FOR R2)

¶22

THIS CRL.A IS FILED UNDER SECTION 14(A)(2) OF SC/ST (POA) ACT PRAYING TO SET ASIDE THE ORDER DATED 21.09.2024 PASSED BY THE HON’BLE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, KOLAR IN SPL.SC.No.12/2024 (CR.No.98/2024) AND GRANT THE REGULAR BAIL IN SPL.SC.No.12/2024 (CR.No.98/2024), FOR OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 148, 323, 324, 307, 302, 504, 506 R/W 149 OF IPC, UNDER SECTION 3(1)(r)(s), 3(2)(v) OF SC/ST (POA) ACT, 2015, WHICH IS PENDING ON THE FILE OF HON’BLE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, KOLAR AND ETC.,

¶23

IN CRL.A No. 1904/2024

¶24

BETWEEN:

¶25

HEMANTH R S S/O. SHIVARUDRAIAH HINDU, AGED ABOUT 31 YEARS RESIDING AT 121, RAMASANDRA VILLAGE, BYRANAHALLI KOLAR TALUK – 563 133.

¶26

...APPELLANT

¶27

(BY SRI JEEVAN KUMAR B S, ADVOCATE)

¶28

AND:

¶29

STATE OF KARNATAKA BY VEMAGAL POLICE STATION KOLAR RURAL CIRCLE KOLAR DISTRICT. REPRESENTED BY SPP HIGH COURT BUILDING BENGALURU - 01.

¶30

NC: 2024:KHC:46923 CRL.A No. 1805 of 2024 C/W CRL.A No. 1904 of 2024 CRL.A No. 1946 of 2024

¶31

¶32

PRAVEEN R S/O. RAMAPPA HINDU, AGED ABOUT 35 YEARS RESIDING AT RAMASANDRA VILLAGE NARASAPURA HOBLI, KOLAR TALUK KOLAR – 563 133.

¶33

...RESPONDENTS

¶34

(BY SRI K NAGESHWARAPPA, HCGP FOR R1 SRI M C VENKATARANGAIAH, ADVOCATE FOR R2)

¶35

THIS CRL.A IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT PRAYING TO SET ASIDE THE ORDER DATED 21.09.2024 IN SPECIAL SC.No.12/2024 PASSED BY HON’BLE 2^ND ADDITIONAL DISTRICT AND SESSION JUDGE AT KOLAR AND ENLARGE THE APPELLANT ON BAIL ON TERMS AND CONDITIONS AS IT DEEMS FIT FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS 143, 147, 148, 323, 324, 504, 506, 307, 302 R/W 149 OF IPC, SECTION 3(1)(r)(s) AND 3(2)(v) OF SC/ST (POA) ACT, 1989, IN SPECIAL SC.No.12/2024 IN CR.No.98/2024 REGISTERED BY VEMAGAL P.S., KOLAR RURAL CIRCLE, KOLAR DISTRICT PENDING BEFORE THE HON’BLE 2^ND ADDITIONAL DISTRICT AND SESSION JUDGE AT KOLAR AND ETC.,

¶36

IN CRL.A No. 1946/2024:

¶37

BETWEEN:

¶38

SRINIVAS P @ SEENAPPA S/O LATE PAPANNA HINDU, AGED ABOUT 42 YEARS.

¶39

MAHESH KUMR @ MAHESH S/O LATE PAPANNA HINDU, AGED ABOUT 45 YEARS.

¶40

MANJUNATH @ HOTEL MANJANNA S/O LATE SUBRAPPA HINDU, AGED ABOUT 42 YEARS.

¶41

¶42

NC: 2024:KHC:46923 CRL.A No. 1805 of 2024 C/W CRL.A No. 1904 of 2024 CRL.A No. 1946 of 2024

¶43

MALLESH S/O LATE SUBRAPPA HINDU, AGED ABOUT 44 YEARS.

¶44

NAVEEN S/O LATE PRAKASH HINDU, AGED ABOUT 28 YEARS.

¶45

ALL ARE RESIDING AT RAMASANDRA VILLAGE, NARASAPURA HOBLI KOLAR TALUK – 563 133.

¶46

...APPELLANTS

¶47

(BY SRI B S JEEVAN KUMAR, ADVOCATE)

¶48

AND:

¶49

STATE OF KARNATAKA BY VEMAGAL POLICE STATION KOLAR RURAL CIRCLE KOLAR DISTRICT REPRESENTED BY SPP HIGH COURT BUILIDING BENGALURU – 01.

¶50

PRAVEEN R S/O RAMAPPA HINDU, AGED ABOUT 35 YEARS RESIDING AT RAMASANDRA VILLAGE NARASAPURA HOBLI, KOLAR TALUK KOLAR – 563 133.

¶51

...RESPONDENTS

¶52

(BY SRI K NAGESHWARAPPA, HCGP FOR R1 SRI M C VENKATARANGAIAH, ADVOCATE FOR R2)

¶53

THIS CRL.A IS FILED UNDER SECTION 14(A)(2) OF SC/ST (POA) ACT PRAYING TO SET ASIDE THE ORDER DATED 21.09.2024 AND 09.10.2024 IN SPECIAL SC.No.12/2024 PASSED BY HON’BLE 2^ND ADDITIONAL DISTRICT AN D SESSIONS JUDGE AT KOLAR AND ENLARGE THE APPELLANT ON BAIL ON TERMS AND CONDITIONS AS IT DEEMS FIT FOR THE ALLEGED OFFENCE PUNISHABLE UNDER

¶54

5 - NC: 2024:KHC:46923 CRL.A No. 1805 of 2024 C/W CRL.A No. 1904 of 2024 CRL.A No. 1946 of 2024

¶55

SECTIONS 143, 147, 148, 323, 324, 504, 506, 307, 302 R/W 149 OF IPC, SECTION 3(1)(r)(s) AND 3(2)(v) OF SC/ST (POA) ACT, 1989, IN SPECIAL SC.No.12/2024 IN CR.No.98/2024 REGISTERED BY VEMAGAL P.S., KOLAR RURAL CIRCLE, KOLAR DISTRICT, PENDING BEFORE THE HON’BLE 2^ND ADDITIONAL DISTRICT AND SESSION JUDGE AT KOLAR AND ETC.,

¶56

THESE APPEALS COMING ON FOR FURTHER HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

¶57

CORAM: HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR

¶58

ORAL COMMON JUDGMENT

¶59

Crl.A.No.1805/2024 is filed by the appellant – accused No.16 and Crl.A.No.1904/2024 is filed by accused No.14. Both the appeals are filed praying to set-aside the order dated 21.09.2024 passed in Special S.C.No.12/2024 by the II Additional District and Sessions Judge, Kolar. Crl.A.No.1946/2024 is filed by accused Nos.2 to 6 praying to set-aside the orders dated 21.09.2024 and 09.10.2024 passed in Special S.C.No.12/2024 by the II Additional District and Sessions Judge, Kolar. In all the three appeals, the bail applications filed by the appellants in respect of Crime No.98/2024 of Vemagal Police Station registered for the offences punishable under Sections 506, 504, 143, 147, 148,

¶60

6 - NC: 2024:KHC:46923 CRL.A No. 1805 of 2024 C/W CRL.A No. 1904 of 2024 CRL.A No. 1946 of 2024

¶61

302, 307, 323, 324 of the Indian Penal Code, 1860 (for short hereinafter referred to as ‘IPC’) and Sections 3(1)(r) & (s) and 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short hereinafter referred to as “the SC/ST Act”), came to be rejected.

¶62

Heard learned counsels for the appellants, learned counsel for respondent No.2 and learned High Court Government Pleader for respondent No.1 – State.

¶63

The case of the prosecution as per Column No.17 of the charge sheet is that; there were quarrels between accused No.1 and Sri.Ambarish - husband of CW5, about two years prior to the incident in the Nature Daba and therefore, they were grudging enmity against each other. That, on 02.05.2024 in the evening when CW1 with an intention to go back to his town was moving near Safe Express Company, the driver of the tractor took the tractor on the left side suddenly and CW1 came in between the two vehicles and in that regard, he was talking with the security of the Safe Express Company. At that time, accused Nos.1 to 10 came together

¶64

7 - NC: 2024:KHC:46923 CRL.A No. 1805 of 2024 C/W CRL.A No. 1904 of 2024 CRL.A No. 1946 of 2024

¶65

and accused No.1 has abused CW1 taking his caste and thereafter, CW1 went from that place. Thereafter, at 10.15 pm., accused Nos.1 to 16 holding weapons came near the house of CW1; accused No.1 abused CW1 taking his caste and threatened to kill him and dragged CW1 to Ashwatha Katte of Ramasandra village; accused No.2 assaulted CW1 with club on his head, accused No.4 assaulted with stick of Neelagiri Tree on CW1 on his waist; accused No.6 assaulted CW1 with club on his left shoulder. At that time, when CW2 came to rescue CW1, accused No.3 assaulted CW2 with club on his head and accused No.5 assaulted CW2 with club on his left elbow. At that time, when CWs.3 and 4 came to rescue CW1, accused Nos.14 and 15 assaulted CW4 with hands and accused No.16 assaulted CW3 with hands. Accused No.2 dragged CW1 holding his shirt and torn it and caused simple injuries to CWs.1 and 2. In the meantime, the deceased Sri.Ambarish came there, asked accused No.1 as to why they are assaulting CW1 – Sri.Praveen. At that time, accused No.1 asked him as to whether he is supporting CW1 – Sri.Praveen and started quarrelling with him. Accused No.1 assaulted the

¶66

8 - NC: 2024:KHC:46923 CRL.A No. 1805 of 2024 C/W CRL.A No. 1904 of 2024 CRL.A No. 1946 of 2024

¶67

deceased Sri.Ambarish with club on his knee and the deceased Sri.Ambarish in order to escape, ran away near the Neelagiri garden of Sri.Kenchappa and all the accused persons chased him and started quarrelling with him. At that time, accused No.13 assaulted the deceased Sri.Ambarish with machete on the right side of his head and caused severe injury; accused No.1 assaulted him with the same machete which accused No.13 was holding on the middle portion of his head and caused bleeding injury; accused No.7 assaulted the deceased Sri.Ambarish with iron pipe on his knee; accused No.8 assaulted the deceased Sri.Ambarish with club on his right hand and caused simple injury; accused No.9 assaulted the deceased Sri.Ambarish with fist on his chest; accused Nos.4 and 15 kicked the deceased Sri.Ambarish with their legs and accused No.10 assaulted the deceased Sri.Ambarish with his hands and caused simple injury; accused No.2 assaulted the deceased Sri.Ambarish on his left eye with his fist; accused Nos.11 and 12 assaulted the deceased Sri.Ambarish with iron rod and iron pipe on his legs and the deceased Sri.Ambarish succumbed to the injuries on the spot. Charge

¶68

9 - NC: 2024:KHC:46923 CRL.A No. 1805 of 2024 C/W CRL.A No. 1904 of 2024 CRL.A No. 1946 of 2024

¶69

sheet has been filed against accused persons for the offences under Sections 143, 147, 148, 323, 324, 307, 302, 504 and 506 r/w Section 149 of IPC and Sections 3(1)(r) and 3(1)(s) and 3(2)(v) of the SC/ST Act. The appellants who are accused Nos.2 to 6, 14 and 16 and who are in judicial custody have filed bail applications and the same came to be rejected by the impugned orders.

¶70

Learned counsel for accused No.16 who is the appellant in Crl.A.No.1805/2024 would contend that the incident had taken place on 02.05.2024 and the complaint has been filed on the next day and there is delay in filing the complaint. CWs.5, 13 and 14 have not stated the presence of accused No.16. CWs.2, 3 and 4 have stated in their statements that accused Nos.16 assaulted CW3 with hands and chased the deceased Sri.Ambarish. CWs.1 to 4 in their statement have stated that accused No.16 assaulted CW3 with hands. CWs.3 and 4 even though the eye witnesses to the incident

¶71

have not told the same to CW5 – wife of the deceased. He submits that there is no serious overt act alleged against the

¶72

NC: 2024:KHC:46923 CRL.A No. 1805 of 2024 C/W CRL.A No. 1904 of 2024 CRL.A No. 1946 of 2024

¶73

10 -

¶74

appellant – accused No.16 assaulting the deceased. CW3 who is said to have been assaulted by accused No.16 has not sustained any injury and she has not taken any treatment. On these grounds, he prayed to allow the appeal and grant bail to the appellant – accused No.16.

¶75

Learned counsel for accused No.14 who is the appellant in Crl.A.No.1904/2024 would contend that the accusation against accused No.14 is assault to CW4 with hands. CW4 has not taken any treatment. The wound certificate of CW4 has not been produced, which would itself indicate that CW4 has not sustained any injury. There is no allegation against accused No.14 of assault to the deceased Sri.Ambarish. On these grounds, he prayed to allow the appeal and grant bail to accused No.14.

¶76

Learned counsel for accused Nos.2 to 6 who are the appellants in Crl.A.No.1946/2024 would contend that the accusation against accused No.2 is assault to the deceased on his left eye with hand and accused No.4 kicked the deceased

¶77

11 - NC: 2024:KHC:46923 CRL.A No. 1805 of 2024 C/W CRL.A No. 1904 of 2024 CRL.A No. 1946 of 2024

¶78

with legs. There is no overt act alleged against accused Nos.3, 5 and 6 of assault to the deceased.

¶79

Per contra , learned High Court Government Pleader for respondent No.1 – State would contend that CWs.1 to 4 are the eye witnesses to the incident and they have stated the specific overt act of each of the accused assaulting CWs.1 to 4. The wound certificate of CWs.1 and 2 would itself indicate that they have sustained injuries. The deceased had sustained 32 injuries and the same can be seen in the post-mortem report. The deceased died due to the injuries to his head. The weapons used by the accused persons have been seized under mahazar. The charge sheet material would indicate that there is a prima facie case against the appellants for the offences alleged against them. If the appellants – accused are granted bail, there is threat to the prosecution witnesses. On these grounds, he prayed to dismiss the appeals.

¶80

Learned counsel respondent No.2 would contend that accused Nos.1 to 6 have assaulted CW1. Accused No.2 assaulted on the eye and the eye ball has come out. The

¶81

12 - NC: 2024:KHC:46923 CRL.A No. 1805 of 2024 C/W CRL.A No. 1904 of 2024 CRL.A No. 1946 of 2024

¶82

accused persons have criminal antecedents. They are involved in several criminal cases. The criminal cases are pending against the accused persons. If the appellants – accused persons are granted bail, there is threat to the prosecution witnesses. On these grounds, he prayed for dismissal of the appeals.

¶83

Having heard the learned counsels, the Court has perused the impugned orders and the charge sheet material.

¶84

The accusation against accused No.14 is that he assaulted CW4 with hands and caused simple injury. The accusation against accused No.16 is that he assaulted CW3 with hands. There is no accusation of accused Nos.14 and 16 assaulting CWs.1 and 2 or the deceased Sri.Ambarish. The wound certificate of CWs.3 and 4 are not produced as they have not taken any treatment. Except the presence of accused Nos.14 and 16 on the spot at the time of the other accused assaulting the deceased Sri.Ambarish, there is no allegation of assault by accused Nos.14 and 16 to the

¶85

13 - NC: 2024:KHC:46923 CRL.A No. 1805 of 2024 C/W CRL.A No. 1904 of 2024 CRL.A No. 1946 of 2024

¶86

deceased Sri.Ambarish. Therefore, the appellants – accused Nos.14 and 16 are entitled for grant of bail.

¶87

Accused No.3 assaulted CW1 with club on his head; accused No.4 assaulted with Neelagiri sticks on the waist of CW1, accused No.6 assaulted CW1 with club on his shoulder; accused No.3 assaulted CW2 with club on his head; accused No.5 assaulted CW2 with club on his left elbow; accused No.2 has dragged CW1 holding his shirt and torn it; accused No.2 assaulted the deceased Sri.Ambarish on his left eye and accused No.4 has kicked the deceased with legs. The wound certificate of CWs.1 and 2 would indicate that they have sustained injuries which corresponds to the overt acts of the accused Nos.3 to 6. The post-mortem report would indicate that the deceased had sustained 32 injuries and the doctor who had conducted the post-mortem examination, has opined that he died due to the injuries to his head. CWs.1 to 4 are injured and eye witnesses to the incident of assault by accused Nos.2 to 6. CWs.8 to 10 are the eye witnesses to the incident where the accused persons assaulted the deceased.

¶88

14 -

¶89

NC: 2024:KHC:46923 CRL.A No. 1805 of 2024 C/W CRL.A No. 1904 of 2024 CRL.A No. 1946 of 2024

¶90

Considering the charge sheet material, there is a prima facie case against the appellants – accused Nos.2 to 6 (Crl.A.No.1946/2024). Therefore, the appellants in Crl.A.No.1946/2024 are not entitled for grant of bail. In the result, the following;

¶91

ORDER

¶92

(1) Crl.A.No.1946/2024 filed by accused Nos.2 to 6 is dismissed .

¶93

(2) Crl.A.No.1805/2024 filed by accused No.16 and Crl.A.No.1904/2024 filed by accused No.14 are allowed . Accused Nos.14 and 16 are granted bail in Crime No.98/2024 of Vemagal Police Station (pending in Special S.C.No.12/2024), subject to the following conditions;

¶94

(i) The appellants – accused Nos.14 and 16 shall execute a personal bond for a sum of Rs.1,00,000/(Rupees One lakh only) each, with one surety for the likesum to the satisfaction of the Trial Court.

¶95

(ii) The appellants – accused Nos.14 and 16 shall not threaten the prosecution witnesses.

¶96

NC: 2024:KHC:46923 CRL.A No. 1805 of 2024 C/W CRL.A No. 1904 of 2024 CRL.A No. 1946 of 2024

¶97

15 -

¶98

(iii) The appellants – accused Nos.14 and 16 shall appear before the Trial Court on all the dates of hearing, unless exempted and co-operate in speedy disposal of the case.

¶99

The Trial Court shall not be influenced by the

¶100

observations made above, at the time of trial.

¶101

Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

¶102

GH List No.: 1 Sl No.: 9

Murali v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Murali 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

Ekbal S/O Sathar Sab Vs the State of Karnataka

Harshith P S Vs State of Karnataka

Lankesh Vs the State by Subramanyapura Police

Ravi Vs State by Kadur Police

Sri. Suryanarayana Rao, Vs State by Ramanagara Women Police Station

Mary Anitha W/O Rajesh Madan Vs State of Karnataka