Karnataka High Court
Chandrashekar H S @ Chandra vs The State Of Karnataka on 18 July, 2024
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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NC: 2024:KHC:27707
CRL.A No. 1143 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL No. 1143 OF 2024
BETWEEN:
CHANDRASHEKAR H S
@ CHANDRA
S/O. SHIVALINGAPPA
AGED ABOUT 30 YEARS
OCC: DRIVER
PERMANENT RESIDENT OF
HOSURU VILLAGE, BIDADI TALUK
RAMANAGARA DIST, KARNATAKA - 562 109.
(UTP No.1417)
...APPELLANT
(BY SRI LAKSHMIKANTH G, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY GUBBI P.S.
REP. BY LEARNED STATE PUBLIC PROSECUTOR
Digitally signed by
HIGH COURT BUILDING COMPLEX
LAKSHMINARAYANA BENGALURU -560 001.
MURTHY RAJASHRI
Location: HIGH
COURT OF 2. SRI MANOJ KUMAR G N
KARNATAKA
S/O. NARASIMAMURTHY G C
@KURIMURTHY.
AGED ABOUT 27 YEARS
R/A. OLD AK COLONY
GUBBI TOWN
TUMKURU KARNATAKA - 572 129.
...RESPONDENTS
(BY SRI B LAKSHMAN, HCGP FOR R1
R2 IS SERVED AND UNREPRESENTED)
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NC: 2024:KHC:27707
CRL.A No. 1143 of 2024
THIS CRL.A. IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT,
2015 PRAYING TO SET ASIDE THE ORDER DATED 14.05.2024
IN SPL.C.C.No.2877/2022 PASSED BY THE HON'BLE PRINCIPAL
CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-1) AND
ENLARGE THE APPELLANT / ACCUSED No.8 ON BAIL IN
CR.No.131/2022 OF GUBBI P.S., FOR OFFENCE 109, 120B,
143, 147, 148, 212, 302, 201 R/W 149 OF IPC, SEC. 3(2)(V)
OF SC/ST (POA) ACT AND SEC. 3(1)(i)(2)(3)(4) OF KCOCA-
2000 WHICH IS NOW PENDING BEFORE THE HON'BLE COURT
OF THE PRINCIPAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU (CCH-1) IN SPL.C.C.No.2877/2022 AN ETC.,
THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
1. This appeal is filed by accused No.8, praying to set-aside the order dated 14.05.2024 passed in Spl.C.C.No.2877/2022 by the Principal City Civil and Sessions Judge, Bengaluru, whereunder, the bail application of this appellant - accused No.8 sought in respect of Crime No.131/2022 of Gubbbi Police Station registered for the offences under Sections 109, 120B, 143, 147, 148, 212, 302, 201 r/w Section 149 of the Indian Penal Code, 1860 (for short hereinafter referred to as "IPC"), Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for -3- NC: 2024:KHC:27707 CRL.A No. 1143 of 2024 short hereinafter referred to as "the SC/ST Act") and Section 3(1)(i)(2)(3)(4) of the Karnataka Control of Organized Crimes Act, 2000 (for short hereinafter referred to as "KCOC Act"), came to be rejected.
2. Heard learned counsel for the appellant - accused No.8 and learned High Court Government Pleader for respondent No.1 - State. Inspite of service of notice, respondent No.2 has remained absent and unrepresented.
3. Case of the prosecution is that; on 15.06.2022, Gubbi Police Station had registered a case in Crime No.131/2022 against 5 to 6 unknown persons in connection with murder of one Sri.G.C.Narasimha Murthy, based on a complaint lodged by the son of the deceased namely Sri.Manoj K.G.N. On completion of investigation in the case, the Deputy Superintendent of Police of Sira Sub-Division, Sira laid a charge sheet against 16 accused persons for the offences punishable under Sections 109, 120-B, 143, 147, 148, 212, 302, 201 r/w Section 149 of -4- NC: 2024:KHC:27707 CRL.A No. 1143 of 2024 IPC, Section 3(2)(v) of the SC/ST Act and Section 3(1)(i)(2)(3)(4) of the KCOC Act.
4. As per the charge sheet, case of the prosecution is that on 27.04.2022 at about 8.00p.m accused No.1 and accused Nos.2, 3, 9, 10 and 12 to 16 joined for dinner in Sy.No.93 of Bikkegudda Village in Gubbi Taluk and entered into criminal conspiracy to murder the deceased and thereafter, accused No.1 sought help of accused Nos.4 to 8 and 11 to murder the deceased. It is stated that accordingly accused Nos.1 to 12 entered into criminal conspiracy at room No.106 of Srivari Lodge at Nitturu and in pursuance of such criminal conspiracy, on 15.06.2022 accused Nos.3, 9 and 10 gave information to accused Nos.4 to 8 and 11 about location of the deceased and based on such information, accused Nos.1 and 4 to 8 went to the spot in the car belonging to accused No.10 bearing No.KA-50-4498 and murdered the deceased by assaulting him with deadly weapons. It is stated that even accused No.3 was at the spot, who had arrived at the place in a -5- NC: 2024:KHC:27707 CRL.A No. 1143 of 2024 two wheeler bearing No.KA-06-EZ-6702. It is further stated that after coming to know the murder of the deceased, accused Nos.2, 11 and 12 absconded from Srivari Lodge in a Swift car bearing No.KA-02-MF-5154.
5. The appellant - accused No.8 came to be arrested on 24.06.2022 and he is in judicial custody and he filed bail application and the same came to be rejected by the Sessions Court by the impugned order, which is challenged in this appeal.
6. Learned counsel for the appellant - accused No.8 would contend that there is no overt act alleged against this appellant - accused No.8 assaulting the deceased. The only allegation against this appellant - accused No.8 is conspiracy and he taking the other accused in his car which he drove it. He submits that he is only a driver of the vehicle and he is nothing to do with the murder of the deceased. With this, he prayed to allow the appeal. -6-
NC: 2024:KHC:27707 CRL.A No. 1143 of 2024
7. Per contra, learned High Court Government Pleader for respondent No.1 - State would contend that the appellant - accused No.8 is one of the conspirator with the other accused to kill the deceased. He took the accused persons in his car with deadly weapons to the spot where the other accused assaulted the deceased and committed his murder. The appellant - accused No.8 was present at the spot at the time of the incident. With this, he prayed to dismiss the appeal.
8. Having heard the learned counsels, this Court has perused the impugned order and the charge sheet material.
9. On perusal of Column No.17 of the charge sheet, the accusation against this appellant - accused No.8 is that he has conspired with the other accused and took the other accused in his car with weapons, which he drove it. He contends that there is no overt act alleged against this appellant - accused No.8 assaulting the deceased. The only allegation against this appellant - accused No.8 is -7- NC: 2024:KHC:27707 CRL.A No. 1143 of 2024 conspiracy and taking the other accused in his car to the spot. Even though the appellant - accused No.8 was present at the spot, no overt act of assault is alleged against him. Considering all these aspects, the appellant - accused No.8 has made out grounds for grant of bail. In the result, the following;
ORDER The appeal is allowed. The impugned order dated 14.05.2024 passed in Spl.C.C.No.2877/2022 by the Principal City Civil and Sessions Judge, Bengaluru is set-aside. The appellant - accused No.8 is granted bail in Crime No.131/2022 of Gubbi Police Station, pending in Spl.C.C.No.2877/2022 on the file of the Principal City Civil and Sessions Judge, Bengaluru, subject to following conditions;
(i) The appellant - accused No.8 shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety for -8- NC: 2024:KHC:27707 CRL.A No. 1143 of 2024 the likesum to the satisfaction of the Trial Court.
(ii) The appellant - accused No.8 shall not tamper the prosecution witnesses.
(iii) The appellant - accused No.8 shall appear before the Trial Court on all the dates of hearing unless exempted and co-operate for speedy trial of the case.
(iv) The appellant - accused No.8 shall not involve in commission of any similar offence, till disposal of the case registered against him.
Sd/-
JUDGE GH List No.: 1 Sl No.: 36