Prasad Kumar K. R. @ Prasad Vs State of Karnataka

PRASAD KUMAR K. R. @ PRASAD S/O RAMKRISHNEGOWDA AGED ABOUT 35 YEARS R/A PLOT NO.303 SITE NO 129, SRIKANTAPURA THIPPENHA DASANPURA HOBLI BANGALORE NORTH TALUK BANGALORE, TUMAKURU KARNATAKA PINCODE-572101 PERMANENT ADDRESS HO KYAMASANDRA VILLAGE DABBEGATTA HOBLI TURUVEKERE TALUK TUMAKURU, KARNATAKA 572 101 …APPELLANT

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(BY SMT. LIKITHA M., ADVOCATE)

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AND:

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STATE OF KARNATAKA BY TURUVEKERE POLICE STATION

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TUMKURU DISTRICT REP BY LEARNED SPP HIGH COURT OF KARNATAKA BANGALORE-560 001

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KIRAN KUMAR S/O MOHAN KUMAR AGE 31 YEARS, HORAPETE TURUVEKERE TOWN TUMKURU-572 227 …RESPONDENTS

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(BY SMT.PUSHPALATHA B., ADDL. SPP FOR R1;

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R2 SERVED)

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THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14A(2) OF SC AND ST (POA) ACT PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 07.08.2024 PASSED BY THE III ADDL. DISTRICT AND SESSIONS JUDGE AT TUMKUR IN CRL.MISC NO.1167/2024 AND CONSEQUENTLY ENLARGE THE APPELLANT ON BAIL IN SPL.C.NO.668/2023 (CR.NO.142/2023) OF TURUVEKERE PS PENDING ON THE FILE OF THE III ADDL. DISTRICT AND SESSIONS JUDGE AT TUMKUR FOR THE OFFENCES P/U/S 341, 120B, 143, 147, 148, 302, 324, 427, 435, 504, 506, 149 OF IPC AND SECTION 3(2)(v) OF SC AND ST POA ACT.

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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 S RACHAIAH

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ORAL JUDGMENT

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The appellant, who is arraigned as accused No.1 in Crime No.142/2023 of the respondent – Police, is before this Court seeking regular bail in Spl.C.No.668/2023, pending on the file of the III Additional District and Sessions Judge, Tumkur, and seeking to set aside the order dated 07.08.2024 passed in Crl.Misc.No.1167/2024 by the III Additional District and Sessions Judge, Tumkur.

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Factual matrix of the case:

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The case of the prosecution is that on 29.03.2023, at about 08.45 p.m., the complainant, his brother Ravi and all accused persons went to Nesara Dhaba for dinner. The accused persons were sitting in the next room. There was exchange of words between Ravi and accused persons in respect of monetary transactions. By that time, the accused No.1, namely Prasad, assaulted on the head of the brother of the complainant with a long chopper and caused grievous injuries on his head. A case

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was registered before Thuruvekere Police Station on the said incident.

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In order to compromise the criminal case, the friend of the complainant, namely Darshan, had invited Prasad. Darshan informed the complainant and his brother to compromise the matter. On 03.06.2023, at about 10.00 p.m., the friends of the complainant namely Sanju, Dilip, Mohan, Manjunatha and Darshan went to Kyamasandra around 11.00 p.m. Near Karekkallu, Darshan called Prasad to come to the spot for negotiations. However, Prasad, in turn, informed and called upon Darshan and others to come near his house. On receiving the said information, the complainant and his friends were on the way to the house of Prasad, however, two of the friends of Darshan did not agree for the said fact. In the meantime, the friends of Prasad came to the spot in two cars with deadly weapons and assaulted Dilip and caused bleeding injuries. In spite of repeated requests from the complainant, Prasad and his gang caused bleeding injuries and burnt the motorbikes of the complainant and his friends. Immediately, the complainant and his friends

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shifted Dilip to the hospital. Hence, a case came to be registered in Crime No. 142/2023. Subsequently, the said Dilip died on 08.06.2023. Charge sheet came to be registered against them for the offences punishable under Sections 143, 147, 148, 341, 324, 302, 120B, 427, 435, 504, 506, 149 of Indian Penal Code (for short ‘IPC’) and Section 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) (Amendment) Act, 2015 (for short ‘SC/ST (POA) Act’).

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Heard Smt. Likitha M., learned counsel for the appellant and Smt. Pushpalatha B., learned Addl. SPP for respondent No.1.

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It is the submission of the learned counsel for the appellant that the other accused persons in this case had already been enlarged on bail. The appellant had lost his father when he was in custody. He is the person to take care of the entire family. Moreover, PW1 has been examined and he has not supported the case of the prosecution.

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It is further submitted that, no overt acts are mentioned in the charge sheet against this appellant. In fact, the

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allegation of assault is made against the accused No. 2 that the accused No.2 assaulted on the head of the deceased. Post-mortem report would indicate that the death is due to head injuries. Such being the fact, the appellant may be enlarged on bail by imposing suitable conditions.

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Per contra , learned Addl. SPP for respondent No.1 vehemently opposed the submissions and she further submitted that, the offence committed by the appellant and others would indicate that, how they were terrorizing the deceased and his friends. In fact, the deceased and his friends were called for a compromise, there they were apprehended and assaulted and their bikes were burnt. The manner in which the entire incident had taken place would indicate the intention behind committing the murder. It is a gruesome murder and the same is brutal in nature. Therefore, the appellant is not entitled for the relief as prayed for. Hence, the appeal is required to be dismissed.

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Having heard learned counsel for the respective parties and also perused the grounds urged in the appeal memo,

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it would indicate that accused Nos.3 to 6 have been enlarged on bail on different occasions. The charge sheet would indicate that there are eight eyewitnesses to the incident. However, the complainant has turned hostile and not supported the case of the prosecution.

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Be that as it may, without averting to the merits of the case and considering the overt act alleged against the appellant, it is proper to allow the appeal, by imposing suitable conditions:

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In the light of the observation made above, I proceed to pass the following:

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ORDER

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i) The Criminal Appeal is allowed . ii) The order dated 07.08.2024 passed in Crl.Misc. No.1167/2024 by the III Additional District and Sessions Judge at Tumkur, is set aside.

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iii) The appellant / accused No.1 is ordered to be enlarged on bail in Crime No.142/2023 of respondent-police (in Spl.C.No.668/2023 pending

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on the file of the III Additional District and Sessions Judge, Tumkur), on executing a

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personal bond for a sum of Rs.2,00,000/(Rupees Two lakhs only) with two sureties for the likesum to the satisfaction of the Trial Court, subject to the following conditions:

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