Karnataka High Court
Sathyppa S/O Nagappa vs State Of Karnataka on 13 September, 2022
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 13TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 102355 OF 2022
C/W
CRIMINAL PETITION NO. 102437 OF 2022
IN CRIMINAL PETITION NO. 102355 OF 2022
BETWEEN:
1. NAGALINGAPPA S/O SHIVARAMAPPA,
AGE: 27 YEARS, OCC: LABOURER,
R/O. KOLEGAL, TQ & DIST:BALLARI-583101.
2. HARISH S/O BHIMAPPA HARIJAN,
AGE: 28 YEARS, OCC:LABOURER,
R/O. KOLEGAL VILLAGE,
TQ & DIST: BALLARI-583101.
3. BASAVARAJ S/O GOVINDAPPA GAMPANNA,
AGE: 34 YEARS, OCC:LABOURER,
R/O. TALURROAD, HARICHANDRA NAGAR,
BALLARI, TQ & DIST: BALLARI.
...PETITIONERS
(BY SHRI NEELENDRA.D.GUNDE.,ADVOCATE)
AND:
STATE OF KARNATAKA,
BY KARATAGI PS,
REPRESENTED BY THE
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
DHARWAD 580001.
...RESPONDENT
(BY SHRI PRASHANTH V.MOGALI., HCGP)
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CRL.P No. 102355 of 2022
C/W CRL.P No. 102437 of 2022
IN CRIMINAL PETITION NO.102437 OF 2022
BETWEEN:
SATHYPPA S/O NAGAPPA,
AGE: 31 YEARS, OCC: AGRICULTURE,
R/O. NAJEER COLONY,
KARATAGI, DIST: KOPPAL.
...PETITIONER
(BY SHRI NEELENDRA.D.GUNDE.,ADVOCATE)
AND:
STATE OF KARNATAKA,
BY KARATAGI PS,
REPRESENTED BY THE
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
DHARWAD 580001.
...RESPONDENT
(BY SHRI PRASHANTH V.MOGALI., HCGP)
THESE CRIMINAL PETITIONS ARE FILED UNDER SECTION
439 OF CR.P.C. SEEKING TO ENLARGE THE
PETITIONERS/ACCUSED NOS.2 TO 5 ON BAIL IN CRIME
NO.69/2022 OF KARATAGI POLICE STATION, REGISTERED FOR
THE OFFENCES PUNISHABLE UNDER SECTIONS 302 READ
WITH SECTION 34 OF INDIAN PENAL CODE, PENDING IN
C.C.NO.2009/2022 ON THE FILE OF ADDITIONAL CIVIL JUDGE
(JR.DVN) AND JMFC COURT, GANGAVATHI, IN THE INTEREST
OF JUSTICE AND EQUITY.
THESE CRIMINAL PETITIONS COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
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CRL.P No. 102355 of 2022
C/W CRL.P No. 102437 of 2022
ORDER
The Criminal Petition No.102355/2022 is filed by accused Nos.2 to 4 and Criminal Petition No.102437/2022 is filed by accused No.5. Both the petitions are filed under Section 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.', for brevity) seeking bail in crime No.69/2022 of Karatagi Police Station registered for the offences punishable under Sections 302, 504, 120-B, 109 read with 149 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC', for brevity).
2. The case of the prosecution is that, one Hanumant S/o Durugappa Kwadiger has filed complaint stating that he is having brother by name Veeresh (deceased) and two other brothers and sister. The said deceased Veeresh, complainant and Jyoti are married. The deceased -4- CRL.P No. 102355 of 2022 C/W CRL.P No. 102437 of 2022 Veeresh is having three sons. The deceased Veeresh prior to his marriage had love affair with one Netravati resident of Hulagi village. After marriage, the deceased Veeresh has no contact with said Netravati. The said Netravati is married to accused No.1-Fakirappa. The said Netravati has made a phone call to deceased Veeresh during the marriage of Jyoti, the sister of deceased Veeresh and the same came to the knowledge of accused No.1-Fakirappa and he threatened the deceased over phone call to kill and the parents of the deceased had advised accused No.1 to leave the matter. It is further stated that on 03.04.2022 at 7:15 p.m, when the complainant was in his house at that time, CW.6-Gopi made a phone call and told that, some four unknown person have assaulted the deceased Veeresh on his face with chopper and asked him to come there. The complainant and others went to the shop of CW.6- -5- CRL.P No. 102355 of 2022 C/W CRL.P No. 102437 of 2022 Gopi and saw the dead body of Veeresh and there were injuries on his face and head, which were caused by chopper. They enquired CW.6-Gopi and he told that on 03.04.2022 at 7:05 p.m when he was in his shop, the deceased Veeresh, CW.7-Latif, CW.8-Mariyappa @ Mudiyappa were sitting drinking cold-drinks in his shop and at that time, four persons came from bus-stand side to his shop and three persons were standing outside and one person came inside and asked for drinks by making the sign and all three persons, who were standing outside came inside the shop and they assaulted the deceased Veeresh with chopper brought by them on his face and head and the persons present stopped assaulting. CWs.7 and 8, who were sitting in the shop ran away due to fear of life and the said persons went with the chopper and they were of the age of 30 to 32 years of light black colour, one person is little dark and three persons are -6- CRL.P No. 102355 of 2022 C/W CRL.P No. 102437 of 2022 having height of 5 feet 6 inch and one person was wearing t-shirt and other persons were wearing shirts and among them, one person had tied towel to his head and he can identify them. Then they took the deceased Veeresh in 108 ambulance to Government hospital, Karatagi at 7:40 p.m, and the doctor who examined told that he is no more. The said complaint came to be registered in Crime No.69/2022 of Karatagi Police Station for the offence under Section 302 read with Section 34 of IPC against accused Nos.1 and three others. Accused Nos.2 and 3 came to be arrested on 11.04.2022, accused No.4 came to be arrested on 17.05.2022 and accused No.5 came to be arrested on 06.04.2022. The investigating officer after investigation filed charge-sheet against accused Nos.1 to 5. Charge-sheet is filed against accused Nos.1 to 4 for the offence punishable under Sections 302, 504, 120(B) read with Section 149 -7- CRL.P No. 102355 of 2022 C/W CRL.P No. 102437 of 2022 of IPC and against accused No.5 for the offence punishable under Sections 109 and 120(B) of IPC. The petitioners-accused Nos.2 to 4 filed Criminal Miscellaneous No.716/2022 and the petitioner- accused No.5 filed Criminal Miscellaneous No.717/2022 seeking bail and the said petitions came to be rejected by learned 1st Additional District and Sessions Judge, Koppal (Sitting at Gangavathi) by orders dated 06.08.2022 and 17.08.2022 respectively. Therefore, the petitioners-accused Nos.2 to 5 are before this Court seeking bail.
3. Heard the arguments of learned counsel appearing for the petitioners/accused Nos.2 to 5 and learned High Court Government Pleader for the respondent-State.
4. It would be the contention of learned counsel appearing for the petitioners-accused -8- CRL.P No. 102355 of 2022 C/W CRL.P No. 102437 of 2022 Nos.2 to 5 is that, the names of petitioners are not mentioned in the F.I.R. The petitioners came to be implicated on the voluntary statement of accused No.1. The said Netravati, sister of accused No.1 has not been examined by the investigating officer and no call details of her mobile phone has been collected. It is his further submission that accused Nos.2 to 4 have not been identified by the eye witnesses and no test identification parade has been conducted. It is his further submission that the overtact alleged against accused Nos.1 and 2 and no serious overtacts are alleged against accused Nos.3 and 4. The accusation against accused No.5 is that he conspired with the other accused and he intimated accused No.1, the movement of deceased Veeresh. It is his further submission that the offences alleged against the petitioner-accused No.5 are not punishable with death or imprisonment for life. It is his further -9- CRL.P No. 102355 of 2022 C/W CRL.P No. 102437 of 2022 submission that there is no accusation that the petitioners are supari killers. As the charge-sheet is filed, the petitioners-accused Nos.2 to 5 are not required for any custodial interrogation. With this, they pray to allow the petitions.
5. Per contra, learned High Court Government Pleader would contend that the voluntary statement of accused No.1 has been recorded, which clearly shows the involvement of these petitioners in the alleged crime. The voluntary statement corroborates the statements of eye witnesses i.e, CWs.6 to 8. There is a recovery of chopper at the instance of accused Nos.1 to 3. The doctor, who conducted post mortem examination has noted several injuries over the dead body of the deceased. It is his further submission that the charge-sheet material shows prima-facie case against the petitioners for
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CRL.P No. 102355 of 2022 C/W CRL.P No. 102437 of 2022 the offence alleged against them. It is his further submission that if the petitioners are granted bail, there is a threat to the complainant and other prosecution witnesses. With this, he prayed to reject the petitions.
6. Having regard to the submissions made by learned counsel for the petitioners and learned High Court Government Pleader, this Court has gone through the charge-sheet material.
7. The accusation against the accused is that the deceased is having illicit relationship with the wife of accused No.1-Fakirappa as he prior to her marriage had affair with her. Therefore, accused No.1 with accused Nos.2 to 5 conspired to kill the deceased Veeresh. Accused No.5 intimated the deceased leaving his house on 03.04.2022 and the other accused Nos.1 to 4 followed him and when the deceased Veeresh was sitting in the cold
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CRL.P No. 102355 of 2022 C/W CRL.P No. 102437 of 2022 drinks shop of CW.6-Gopi, accused Nos.3 and 4 went inside and dragged him and at that time, accused Nos.1 and 2 went inside the shop and assaulted him with chopper brought by them and caused fatal injuries. Thereafter, they left the place. Three of them went on the motorcycle and one ran away from the spot. CW.6-Gopi, the owner of cold drinks shop and CWs.7 and 8, the two persons who were with the deceased are the eye witnesses to the incident. They have specifically stated the presence of four persons on the spot at the time of incident and two persons dragging the deceased and two other persons assaulting him with chopper and causing severe injuries. Even though the test identification parade is not conducted, the voluntary statement of accused corroborates the statement of eye witnesses. The eye witnesses have given description of the assailants. The assailants can be identified at the
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CRL.P No. 102355 of 2022 C/W CRL.P No. 102437 of 2022 trial. Serious overtacts are alleged against accused Nos.1 and 2. Accused Nos.3 and 4 have felicitated accused Nos.1 and 2 in killing the deceased by caught hold him and dragging him outside the shop. Therefore, from the charge-sheet material, there is a prima-facie case against accused Nos.1 to 4 for the offence alleged against them. Therefore, they are not entitled for grant of bail.
8. Accused No.5 alleged to have intimated the movement of deceased Veeresh leaving his house on the date of incident and conspiracy with the other accused. Accused No.5 was not present on the spot at the time of incident. No overtact are alleged against him. The offence alleged against him are under Sections 109 and 120-B of IPC. The said offences are not punishable with death or imprisonment for life. Therefore, the petitioner-
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CRL.P No. 102355 of 2022 C/W CRL.P No. 102437 of 2022 accused No.5 is entitled for grant of bail with conditions.
9. Hence, I proceed to pass the following:
ORDER The Criminal Petition No.102355/2022 filed by petitioners-accused Nos.2 to 4 is dismissed. The Criminal Petition No.102437/2022 filed by the petitioner-accused No.5 under Section 439 of Cr.P.C is allowed. Consequently, the petitioner- accused No.5 is ordered to be released on bail in Crime No.69/2022 of Karatagi Police Station, subject to the following conditions:
i. The petitioner-accused No.5 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 jurisdictional Court.
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CRL.P No. 102355 of 2022 C/W CRL.P No. 102437 of 2022 ii. The petitioner-accused No.5 shall not indulge in tampering the prosecution witnesses.
iii. The petitioner-accused No.5 shall
attend the Court on all the dates of
hearing, unless exempted, and co-
operate in speedy disposal of the
case.
SD/-
JUDGE
AM