Karnataka High Court
Govindaraju @ Papani vs State Of Karnataka on 24 August, 2023
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2023:KHC:30384
CRL.P No. 7343 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 7343 OF 2023
BETWEEN:
1. GOVINDARAJU @ PAPANI
S/O LOKESHA
AGED ABOUT 30 YEARS
R/AT NO PAPER MILL CIRCLE
BELAGOLA VILLAGE
S R PATNA TALUK
MANDYA DISTRICT - 571 426.
2. MANIKANTA @ MANI
S/O LATE RUDRAKRISHNA
AGED ABOUT 30 YEARS
R/AT NO PAPER MILL CIRCLE
Digitally signed
by NANDINI MS BELAGOLA VILLAGE
Location: High S.R. PATNA TALUK
Court of MANDYA DISTRICT - 571 426.
Karnataka
3. SRI SHARATH KUMAR M
@ KENCHA SHARATH
SON OF LATE MAHADEVA
AGED ABOUT 29 YEARS
R/AT NO PAPER MILL CIRCLE
BELAGOLA VILLAGE
SRIRANGAPATNA TALUK
MANDYA DISTRICT - 571 426.
...PETITIONERS
(BY SRI TOMY SEBASTIAN, SR. COUNSEL FRO
MS. MELANIE SEBASTIAN, ADV.)
AND:
STATE OF KARNATAKA
BY K.R. PET TOWN POLICE STATION
MANDYA DISTRICT, REP BY SPP
HIGH COURT BUILDING
BANGALORE - 560 001.
...RESPONDENT
(BY SRI VINAY MAHADEVAIAH, HCGP)
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NC: 2023:KHC:30384
CRL.P No. 7343 of 2023
THIS CRL.P FILED U/S 439 CR.PC PRAYING TO ORDER THE
RELEASE OF THE PETITIONERS ON BAIL IN S.C.NO.5102/2022
(CR.NO.154/2022 OF K.R. PETE TOWN POLICE STATION, MANDYA
DISTRICT) (C.C.NO.998/2022), PENDING ON THE FILE OF III
ADDITIONAL DISTRICT AND SESSIONS JUDGE, MANDYA (SITTING
AT SRIRANGAPATTANA) REGISTERED FOR THE OFFENCE U/S 143,
147, 148, 302, 120B, 201 R/W SEC. 149 OF IPC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
Accused Nos.7, 8 & 9 in S.C.No.5102/2022 pending before the Court of III Addl. District & Sessions Judge, Mandya (sitting at Srirangapatna) arising out of Crime No.154/2022 registered by the K R Pet Police Station, Mandya District for the offence punishable under Sections 143, 147, 148, 302, 120B, 201 R/w 149 of IPC are before this Court seeking regular bail.
2. Heard the learned counsel for the petitioners and learned High Court Government Pleader for respondent - State.
3. On the basis of complaint lodged by one Praveen Kumar dated 27.06.2022, K.R. Pete Town Police had registered FIR in Crime No.154/2022 against four named accused and eight others for the aforesaid offences. During the course of investigation, the petitioners were arrested on 03.07.2022 and they have been arraigned as accused Nos.7, 8 and 9 in the charge sheet, which was filed on 22.09.2022. The petitioners -3- NC: 2023:KHC:30384 CRL.P No. 7343 of 2023 had thereafter filed regular bail application before the trial Court in S.C. No.5102/2022, which was rejected on 16.01.2023. Under these circumstances, the petitioners are before this Court seeking regular bail.
4. Learned Senior Counsel appearing for the petitioners submits that the petitioners have been falsely implicated in this case and they are in custody since 03.07.2022. He also submits that on the ground of parity the petitioners are entitled for grant of regular bail since this Court has already enlarged accused Nos.1 to 5, 13 and 16 on regular bail.
5. Per contra, the learned HCGP has opposed the bail application but does not dispute the submission made by the learned Senior Counsel appearing for the petitioners regarding grant of bail to other accused persons.
6. FIR in Crime No.154/2022 was registered by K.R. Pete Town Police Station based on the complaint lodged by Praveen Kumar on 27.06.2022. In the complaint it is stated that his brother-in-law - K.H. Arun @ Allu @ Arunkumar had gone to visit Ganapathi Temple at K.R. Pete on 27.06.2022 at about 10.00 a.m. and he had accompanied his brother-in-law. -4-
NC: 2023:KHC:30384 CRL.P No. 7343 of 2023 Since the complainant had not taken bath, he had stayed outside the temple while his brother-in-law Arun Kumar went inside the temple. When the complainant's brother-in-law - Arun Kumar was inside the temple, the complainant noticed that accused No.1 - Yatheesha, accused No.2 - Anu and accused No.4 - Sunil and about eight other persons came in their two wheelers wearing masks on their faces and they were holding longs in their hands. All the named and other accused assaulted his brother-in-law with longs which they were holding. Accused No.2 - Anu, who saw the complainant, tried to assault him also. However, the complainant allegedly escaped the assault thereafter, all the accused persons allegedly left the spot and Arun Kumar had succumbed to the injuries at the spot.
7. A reading of the aforesaid averments, it is very clear that the complainant had identified three accused persons who had allegedly assaulted his brother-in-law -deceased Arun. The said accused persons identified by the complainant are arraigned as accused Nos.1, 2 and 4 in the FIR as well as in the charge sheet. The police after investigation have filed a charge sheet wherein they have stated that accused No.1 along with -5- NC: 2023:KHC:30384 CRL.P No. 7343 of 2023 others had conspired to kill deceased - Arun Kumar and in furtherance of the said conspiracy, accused Nos.6 to 11 came near the temple in their motor bikes and allegedly had assaulted the deceased and murdered him.
8. There is a contradiction with regard to the persons who allegedly assaulted the deceased as found in the FIR and as found in the charge sheet allegations. In the complaint, the complainant has clearly stated that accused Nos.1 and 2 i.e., Yatheesha and Anu, who were the part of the gang had assaulted the deceased on 27.06.2022 and accused No.2 also tried to assault the complainant with the long which he was holding. Accused Nos.1 and 2 have been granted regular bail by this Court in Crl.P.No.6361/2023 disposed of on 02.08.2022 and Crl.P.No.3858/2023 disposed of on 12.07.2023. Accused Nos.10 and 11 have been granted regular bail by this Court in Crl.P.No.4970/2023 disposed of on 07.08.2023. Even accused Nos.3 to 5, 13 and 16 have been granted regular bail in this case. In the complaint averments itself it is stated that except the named accused persons, others were not identified since they were wearing masks on their faces. The identified accused persons who were part of the gang which assaulted the -6- NC: 2023:KHC:30384 CRL.P No. 7343 of 2023 deceased have been granted bail by this Court. The petitioners are in custody since 03.07.2022. It is not in dispute that the petitioners have no criminal antecedents.
9. Under these circumstances, I am of the view that the petitioners have made out prima facie case for grant of regular bail. Accordingly, the following:
ORDER The Criminal Petition is allowed.
The petitioners are directed to be enlarged on bail in S.C. No. 5102/2022 pending before the III Additional District and Sessions Judge, Mandya sitting at Srirangapatna arising out of Crime No.154/2022 registered by K.R. Pete Town Police Station, Mandya District for the offences punishable under Sections 143, 147, 148, 302, 120B, 201 read with Section 149 of IPC, subject to the following conditions:
a) Petitioners shall execute personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) each with two sureties for the likesum, to the satisfaction of the jurisdictional Court;
b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons;-7-
NC: 2023:KHC:30384 CRL.P No. 7343 of 2023
c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off.
Sd/-
JUDGE NMS