Dismissed

Dinesh S v. State of Karnataka by

Karnataka HC25 Sept 2024CRL.A/803/2024

Case brief

AI extract

What is this about?

Appeal by accused No.3 against rejection of bail in a murder case where he allegedly stabbed the deceased for a supari. Court held parity did not apply since the co-accused granted bail only rode the motorcycle, eyewitnesses existed, and witness safety was at risk. Appeal dismissed.

What the court decided

AI extract

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

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1 - NC: 2024:KHC:39977 CRL.A No. 803 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF SEPTEMBER 2024 BEFORE

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THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR

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CRIMINAL APPEAL NO. 803 OF 2024

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BETWEEN:

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DINESH S S/O. SUBRAMANI, AGED ABOUT 30 YEARS, R/AT, C/O. MUNIRAJAPPA BUILDING, CHOKKASANDRA, 12^TH CROSS, T. DASARAHALLI, BANGALORE - 560057.

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…APPELLANT

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(BY SRI. MANJUNATHA N.M., ADVOCATE)

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AND:

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STATE OF KARNATAKA BY MADANAYAKANAHALLI POLICE STATION, BANGALORE RURAL DISTRICT, REP BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE 01.

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BHARATHI H M

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SRI. JAYANNA G. S/O. LATE GURUMURTHAPPA, AGED ABOUT 48 YEARS, R/AT: ASHOK KHENI LAYOUT, MADAVARA VILLAGE, DASANAPURA HOBLI, BANGALORE RURAL DISTRICT, PIN - 560057.

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…RESPONDENTS

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(BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1; R2- SERVED)

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Location: HIGH COURT OF KARNATAKA

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THIS CRL.A. IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT, 2015 PRAYING TO SET ASIDE THE ORDER DATED 15.02.2024 PASSED IN CRL.MISC.NO.27/2024 BY THE LEARNED II ADDL. DISTRICT AND SESSIONS JUDGE, BANGALORE RURAL DISTRICT AT BANGALORE AND IN MADANAYAKANAHALLI POLICE STATION RELEASE THE APPELLANT ON BAIL FOR THE OFFENCE P/U/S 143, 147, 148, 341, 302, 109, 120(B), 201, 150 R/W 149 OF IPC AND U/S 3(2)(5) OF SC/ST (POA) ACT IN THEIR CR.NO.427/2021 IN SPL.S.C.NO.903/2021, PENDING ON THE FILE OF THE II ADDL. DISTRICT & SESSIONS JUDGE, BANGALORE RURAL DISTRICT AT BANGALORE, IN THE INTEREST OF JUSTICE AND EQUITY.

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NC: 2024:KHC:39977 CRL.A No. 803 of 2024

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THIS APPEAL COMING ON FOR ORDERS THIS DAY THROUGH VIDEO CONFEREINCING AT DHARWAD BENCH, THE COURT DELIVERED THE FOLLOWING:

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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 accused No.3 praying to set aside the order dated 15.02.2024 passed in Criminal Miscellaneous No.27/2024 by the learned II Additional District and Sessions Judge, Bengaluru, wherein the bail petition of this appellant/accused No.3 sought in respect of Crime No.427/2021 of Madanayakanahalli Police Station registered for the offences under Sections 143, 147, 148, 341, 302, 109, 120B, 150 and 201 read with Section 149 of the Indian Penal Code and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, came to be rejected.

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Heard the learned counsel for the appellant/accused No.3 and the learned High Court Government Pleader for respondent No.1.

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NC: 2024:KHC:39977 CRL.A No. 803 of 2024

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Respondent No.2, in spite of service of notice, has remained absent and unrepresented.

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The case of the prosecution as per chargesheet is that deceased Kiran Kumar, s/o CW.1 had illicit relationship with accused No.4 since 2015. Four months prior to 05.09.2021, accused No.4 had illicit relationship with accused No.1. When the deceased came to know about it, he made galata with accused Nos.1 and 4 and assaulted appellant/accused No.4 due to which accused Nos.1 to 5 conspired to kill the deceased. Accused Nos.1 and 4 gave supari to accused Nos.2 and 3 in a sum of Rs.1,00,000/- and gave advance of Rs.10,000/-. Accused No.1 gave Yamaha Passion Motorcycle bearing registration No.KA-42-EQ-2880 to accused Nos.2 and 3 to commit the offence. As per the say of accused No.1, accused Nos.2 and 3 changed the number plate of the above said vehicle as KA-01-HR9710 through CW.30 and accused No.2 contacted remaining accused persons in mobile phone through

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NC: 2024:KHC:39977 CRL.A No. 803 of 2024

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whatsapp and accused No.1 gave information to accused Nos.2 and 3, accused No.2 riding the bike and accused No.3 was a pillion rider on 05.09.2021 at about 6.45 a.m., they followed the car bearing No.KA-4-M-1966 driven by the deceased form his house i.e., he was proceeding towards deserted area, from Lakshmipura road ot Narasimhamurthy decoration shed, near road cross, lonely area, they in the guise of asking address stopped the deceased and restrained him. Accused No.3 stabbed him with knife on the chest, neck and back of the deceased and caused bleeding injuries. The deceased was shifted to hospital but he died on 06.09.2021 at 6:15 pm. The mother of the deceased CW-1 had filed complaint against the appellant/accused No.4 and five others. The charge sheet is not filed against these five others. The charge sheet has been filed against accused Nos.1 to 5 for the offences under Section 143,147, 148, 341, 302, 109, 120B, 201 and 150 read with Section 149 of IPC and

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5 - NC: 2024:KHC:39977 CRL.A No. 803 of 2024

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Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The appellant came to be arrested on 19.09.2021 and he is in judicial custody. Appellant No.3 filed Criminal Miscellaneous No.27/2024 seeking bail and the same came to be rejected by the learned II Additional District and Sessions Judge

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and Special Judge, Bengaluru Rural District, Bengaluru, by order dated 15.02.2024. Therefore, accused No.3 has challenged the said order in this appeal.

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Learned counsel for the appellant would contend that accused No.2 has been granted bail and therefore, the appellant who is similarly placed to that of accused No.2 is entitled for grant of bail on the ground of parity. He contends that the name of the appellant is not mentioned in the FIR. The appellant is having old aged parents and he is the only earning member in the family. He further submits that accused Nos.1 and 4, who are the

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6 - NC: 2024:KHC:39977 CRL.A No. 803 of 2024

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main conspirators, have also been granted bail. With this he prayed to allow the appeal and grant bail to the appellant.

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Per contra, learned High Court Government Pleader for respondent No.1-State would contend that, it is this appellant who has assaulted the deceased and killed him. There is no allegation of assault by accused No.2 and therefore, the appellant is not entitled for grant of bail on the ground of parity. The alleged incident is witnessed by CW.16 who is an eyewitness to the incident. Charge-sheet show prima facie case against this appellant for the offences alleged against him. If the appellant is granted bail, there is threat to the prosecution witnesses. With this, he prayed to dismiss the appeal.

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Having heard the learned counsel for the parties, the Court has perused the impugned order and the charge-sheet material.

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NC: 2024:KHC:39977 CRL.A No. 803 of 2024

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The case of the prosecution is that the deceased had illicit relationship with accused No.4 since 2015. Accused No.4 started illicit relationship with accused No.1 since 4 months prior to 05.09.2021 when the deceased made galata with accused Nos.1 and 4 and assaulted accused No.4, therefore accused Nos.1 to 5 conspired to kill the deceased and accused Nos.1 and 4 engaged accused Nos.2 and 3 to kill the deceased and agreed to give supari of Rs.1,00,000/and gave advance of Rs.10,000/-. In furtherance of the said conspiracy accused Nos.2 and 3 went on a motorcycle given by accused No.1 by changing the number plate of the vehicle with the help of CW.30. Accused No.3 in the guise of asking address stopped the deceased and assaulted with the knife on chest, neck and back of the deceased and caused bleeding injuries. The deceased succumbed to the injuries on 06.09.2021.

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8 - NC: 2024:KHC:39977 CRL.A No. 803 of 2024

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The accusation against this appellant is assaulting the deceased with knife, causing injuries and committing murder. The accusation against accused No.2 who has been granted bail is that he was rider of the motorcycle in which this appellant was a pillion rider. There is no allegation of assault by accused No.2. Therefore, the ground of parity does not apply. Charge-sheet material show that the incident has been witnessed by CWs.13 and 16 and there are eyewitnesses to the incident. The offences alleged against the appellant is heinous offence punishable with death or imprisonment for life. If the appellant is granted bail, there is threat to the prosecution witnesses.

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