Allowed

Rakesh S @ Rakesha v. the State of Karnataka

Karnataka HC25 Nov 2024CRL.A/2081/2024

Case brief

AI extract

What is this about?

Appeal against rejection of bail to accused No.1 charged under Sections 304, 201, 202, 504, 506 r/w 34 IPC and SC/ST (POA) Act for throwing a beer bottle that accidentally killed the deceased. Court found no intent to kill and no need for custodial interrogation after charge sheet, and granted bail with conditions.

What did the court decide?

Bail granted: personal bond Rs.1,00,000 with one like surety; appellant not to threaten witnesses and to attend all hearings.

Rakesh S @ Rakesha Vs the State of Karnataka — Caste Atrocities | Karnataka HC (2024)

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NC: 2024:KHC:47948 CRL.A No. 2081 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 25^TH DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL APPEAL No. 2081 OF 2024

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BETWEEN:

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RAKESH S @ RAKESHA S/O SRINIVASA V AGED ABOUT 27 YEARS AGRICULTURIST VTC KUNCHIGANAL VILLAGE INGALADALU POST CHITRADURGA TALUK AND DISTRICT PIN – 577 524.

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…APPELLANT

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(BY SRI E SUYOG HERELE, ADVOCATE)

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AND:

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

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THE STATE OF KARNATAKA THROUGH CHITRADURGA RURAL POLICE STATION CHITRADURGA DISTRICT REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS HIGH COURT OF KARNATAKA BANGALORE – 560 001.

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SRI CHANDRAPPA S/O JAWAN DYAMAJJA AGED ABOUT 64 YEARS COOLIE WORK

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2 - NC: 2024:KHC:47948 CRL.A No. 2081 of 2024

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R/O REDDIHALLI VILLAGE CHALLAKERE TALUK CHITRADURGA DISTRICT PIN: 577 502.

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...RESPONDENTS

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(BY SRI B LAKSHMAN, HCGP FOR R1 R2 SERVED. UNREPRESENTED)

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THIS CRL.A IS FILED UNDER SECTION 14(A)(2) OF SC/ST (POA) ACT PRAYING TO SET ASIDE THE ORDER DATED 10.10.2024 IN CRL.MISC.No.1156/2024 PASSED BY THE LEARNED SPECIAL 2^ND ADDITIONAL DISTRICT AND SESSIONS JUDGE AT CHITRADURGA, THEREBY DISMISSING THE BAIL APPLICATION OF THE APPELLANT UNDER SECTION 439 OF Cr.P.C., FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 506, 504, 202, 201, 304 R/W 34 OF IPC, SECTION 3(2)(V), 3(2)(r)(s) OF SC/ST (POA) ACT 1989, BY ALLOWING THIS CRL.A. AND ETC.,

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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 SHIVASHANKAR AMARANNAVAR

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ORAL JUDGMENT

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This appeal is filed by the appellant –accused No.1 praying to set aside the order dated 10.10.2024 passed in Crl.Misc.No.1156/2024 by the Special II Additional Distirct and Sessions Judge, Chitradurga, whereunder the bail petition of this appellant –accused No.1 sought in respect of crime No.129/2024 of Chitradurga Rural Police Station

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3 - NC: 2024:KHC:47948 CRL.A No. 2081 of 2024

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for offences punishable under Sections 506, 504, 202, 201, 304 read with Section 34 of Indian Penal Code (Hereinafter referred to as “IPC” for brevity) and Sections 3(2)(V) and 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes Act, 1989 (Hereinafter referred to as “SC and ST Act” for brevity) came to be rejected.

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

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The case of the prosecution is that, on 30.03.2024 in Kunchiganalu village, there was a festival of Sri. Kanive Maramma in their village and CW.16 to 19 and accused no.1 had gone near Ingaladal Gate, Bharath Bench Show Room in front of the Anjaneyaswamy Temple for doing liquor party and at that time accused no.2 came there along with deceased -Devaraj and thereafter all went to the MSIL Bar near Doddasiddavvanahally and purchased the liquor bottles and at about 12.30 a.m they came near

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NH-48 road, under the bridge and they were doing the liquor party. At that time the accused no.1 asked to accused No.2 why he is not coming with him and why he is not talking properly with him and told him that he has to hear him. Then accused no.1 assaulted on the left hand shoulder of accused no.2 by broken bear bottle and thereby caused blood injuries. Then CW.19 came there and pacified the quarrel. At that time the broken bear bottle touched the right hand finger of CW.19 and thereby he sustained injuries. Then deceased -Devaraj took accused no.2 at some distance in order to console him, at that time accused no.1 threw bear bottle towards the accused no.2 but hit on the back side head of deceased - Devaraja and thereby he sustained injuries. Accused no.1 also abused him by taking his caste and also gave life threat that if anybody inform the said fact he will kill them. Then CW.17 brought the CW.19 to the District Hospital, Chitradurga. Then accused no.1 and 2 brought deceased - Devaraja on motorcycle to Chitradurga Government

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5 - NC: 2024:KHC:47948 CRL.A No. 2081 of 2024

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Hospital and they hide the said fact and informed that they were coming in motorcycle and they fell down and thereby sustained injuries. Accused no.2 by hiding the said fact filed complaint stating that they sustained injuries in the road traffic accident. The police have filed charge sheet against the accused for the offences punishable under Sections 3(2)(V), 3(1)(r)(s) of SC and ST Act and Sections 506, 504, 202, 201, 304 R/w 34 of IPC. The appellant – accused No.1 came to be arrested on 20.05.2024 and he is in judicial custody. The appellant –accused No.1 has filed bail petition and same came to be rejected by impugned order which is challenged in this appeal.

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Learned counsel for the appellant –accused No.1 would contend that there was no intention on the part of the appellant –accused No.1 to kill the deceased – Devaraju as bottle thrown by the appellant –accused No.1 was towards accused No.2 and accidentally hit on the head of the deceased. The doctor who conducted the post mortem examination of the dead body of the deceased has

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opined that death is due to the head injury. He further submits that as charge sheet is filed, this appellant – accused No.1 is not required for custodial interrogation. On these grounds he prays to allow the appeal and grant bail to the appellant –accused No.1.

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Learned High Court Government Pleader for respondent No.1-State would contend that due to act of this appellant –accused No.1 throwing bottle towards accused No.2 and it is hit accidentally to the deceased – Devaraju, he sustained head injury and died in the hospital after 04 days. The offence alleged against the appellant –accused No.1 is punishable with imprisonment for life or imprisonment of either description for a term which may extend to 10 years. Charge sheet materials shows prima facie case against this appellant –accused No.1. On these grounds, he prays for dismissal of the appeal.

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Having heard learned counsel, this Court has

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perused the impugned order and charge sheet materials.

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In the quarrel, the appellant –accused No.1

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threw the bottle towards accused No.2 and accidentally hit the back side of the head of the deceased –Devaraja and after 04 days he died in the hospital. Considering the said aspect, there is no intention on the part of the appellant – accused No.1 to kill the deceased. As charge sheet is

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filed, this appellant –accused No.1 is not required for custodial interrogation. The appellant –accused No.1 has made out grounds for setting aside impugned order and grant of bail.

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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 10.10.2024 passed in Crl.Misc.No.1156/2024 by the Special II Additional Distirct and Sessions Judge, Chitradurga is set aside. The bail petition of this appellant –accused No. 2 is allowed and he is ordered to be released on bail in Crime No.129/2024 of

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NC: 2024:KHC:47948 CRL.A No. 2081 of 2024

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Chitradurga Rural Police Station subject to the following conditions:

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i. The appellant -accused No.1 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 Trial Court.

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ii. The appellant -accused No.1 shall not threaten complainant and other prosecution witness.

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iii. The appellant –accused No.1 shall attend the Court on all dates of hearing unless exempted and cooperate in speedy disposal of the case.

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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DSP

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List No.: 1 Sl No.: 15

Rakesh S @ Rakesha v. the State of Karnataka

Case brief

What is this about?

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Rakesh S @ Rakesha v. the State of Karnataka

Case brief

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