Karnataka High Court
Shashi vs The State Of Karnataka on 28 May, 2024
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2024:KHC:17963
CRL.A No. 122 of 2024
C/W CRL.A No. 218 of 2024
CRL.A No. 293 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF MAY, 2024
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL NO. 122 OF 2024
C/W
CRIMINAL APPEAL NO. 218 OF 2024
CRIMINAL APPEAL NO. 293 OF 2024
IN CRL.A NO.122/2024
BETWEEN:
1. ANIL. M
S/O. K. J. MAHADEVA,
AGED ABOUT 33 YEARS,
R/AT NEAR GOVERNMENT SCHOOL,
HOSA BADAVANE,
HALAGUDU VILLAGE,
T. NARASIPURA TALUK-571 124.
Digitally signed by
(S/O. MAHADEVA. K. J.)
LAKSHMINARAYANA
MURTHY RAJASHRI
AGED ABOUT 36 YEARS,
Location: HIGH R/AT NO. 775,
COURT OF
KARNATAKA HOSA BADAVANE,
ALAGUDU VILLAGE,
KASABA HOBLI,
T. NARASIPURA TALUK,
ALAGUDU,
MYSORE-571 124.
(AS PER AADHAR CARD)
(JUDICIAL CUSTODY)
-2-
NC: 2024:KHC:17963
CRL.A No. 122 of 2024
C/W CRL.A No. 218 of 2024
CRL.A No. 293 of 2024
2. MANJU @ MANJUNATHA
S/O. PUTTASWAMY,
AGED ABOUT 21 YEARS,
R/AT OPPOSITE FLOOR SCHOOL,
KURUBAGERI,
T. NARASIPURA TOWN-571 124,
(MANJUNATHA P ALIAS MANJA
S/O. PUTTASWAMY,
AGED ABOUT 21 YEARS,
R/AT PRESENT AND PERMANENT NO. 432/1, WARD
NO. 22, MASEEDI STREET,
OPPOSITE OF FLOOR SCHOOL,
KURUBAGERI,
T. NARASIPURA TOWN-571 124,
AS PER CHARGE SHEET)
(NAME IS MANJUNATHA. P AS PER HIS AADHAR
CARD)
(JUDICIAL CUSTODY)
3. HARIS @ MOHAMMAD HARIS
S/O. SARTHAJ PASHA,
AGED ABOUT 21 YEARS,
R/AT BEHIND HANUMAN TEMPLE,
YEDADORE GATE,
GARGESHWARI,
T. NARASIPURA TOWN-571 124,
(MOHAMMAD HARIS ALIAS HARIS
S/O. SARTHAJ PASHA,
AGED ABOUT 21 YEARS,
R/AT NO. 42,
SUSHILAMMA COLONY,
WARD NO. 06, BYRAPURA AND GARGESHWARI,
T. NARASIPURA TOWN-571 124.
AS PER CHARGE SHEET
(MAHAMMAD HARIS,
-3-
NC: 2024:KHC:17963
CRL.A No. 122 of 2024
C/W CRL.A No. 218 of 2024
CRL.A No. 293 of 2024
S/O. SARTAJ,
AGED ABOUT 23 YEARS,
R/AT NO. 42, SUSHILAMMA COLONY,
WARD NO.06, T. NARASIPURA TALUK,
BYRAPUR,
MYSORE-571 124.
AS PER AADHAR CARD)
(JUDICIAL CUSTODY)
...APPELLANTS
(BY SRI. S. SHANKARAPPA, ADVOCATE)
AND:
1. STATE BY
T. NARASIPURA POLICE STATION,
REP BY SPP,
HIGH COURT COMPLEX,
BANGALORE-560 001.
2. RAMANUJAN,
S/O LATE N.S. RAJAGOPAL,
AGED ABOUT 38 YEARS,
R/AT NO. 38, CHIKKA ANGADI
BEEDHI, T NARASIPURA TOWN,
MYSURU DISTRICT 571 124
...RESPONDENTS
(BY SRI. RANGASWAMY R., HCGP FOR R1;
SRI. ARUNA SHYAM M., SENIOR COUNSEL FOR
SRI. SUYOG HERELE, ADVOCATE FOR R2)
THIS CRL.A IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT
PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
SPL.C.NO.647/2023 ON THE FILE OF THE VI ADDL.DISTRICT
AND SPL.JUDGE MYSURU IN CR.NO.173/2023 FOR THE
OFFENCE P/U/S 143,147,148,504,506,323,120B,307,302,201
-4-
NC: 2024:KHC:17963
CRL.A No. 122 of 2024
C/W CRL.A No. 218 of 2024
CRL.A No. 293 of 2024
R/W 149 OF IPC AND SEC 3(2)(v) OF SC/ST (POA) ACT OF
T.NARASIPURA P.S.
IN CRL.A NO.218/2024
BETWEEN:
P.N. NAGARAKSHITH P N @ RAKSHITH
S/O P.K. NAGESH BABU,
AGED ABOUT 21 YEARS,
R/AT HOUSE NO 1463, KADLE RANGAMMANA STREET
WARD NO 07, SEVENTH DAY SCHOOL BACKSIDE,
T NARASIPURA TOWN 571124
NAGARAKSHITH P N ALIAS RAKSHITH
S/O P K NAGESH BABU,
R/AT HOUSE NO 146/3, KADLE RANGAMMANA
STREET WARD NO 07, SEVENTH DAY SCHOOL,
BACKSIDE T NARASIPURA
TOWN 571124
(AS PER CHARGE SHEET,)
P N NAGARAKSHITH,
AGED ABOUT 21 YEARS,
R/AT HOUSE NO 146/3, KADLE RANGAMMANA
STREET, WARD NO 07, T NARASIPURA TOWN,
T NARASIPURA MYSORE, KARNATAKA 571124
AS PER AADHAR CARD
(JUDICIAL CUSTODY)
...APPELLANT
(BY SRI. S. SHANKARAPPA, ADVOCATE)
AND:
1. STATE BY
T. NARASIPURA POLICE STATION,
REP BY SPP,
HIGH COURT COMPLEX,
BANGALORE-560 001.
-5-
NC: 2024:KHC:17963
CRL.A No. 122 of 2024
C/W CRL.A No. 218 of 2024
CRL.A No. 293 of 2024
2. RAMANUJAN,
S/O LATE N.S. RAJAGOPAL,
AGED ABOUT 38 YEARS,
R/AT NO. 38, CHIKKA ANGADI
BEEDHI, T NARASIPURA TOWN,
MYSURU DISTRICT 571 124
...RESPONDENTS
(BY SRI. RANGASWAMY R., HCGP FOR R1;
SRI. ARUNA SHYAM M., SENIOR COUNSEL FOR
SRI. SUYOG HERELE, ADVOCATE FOR R2)
THIS CRL.A IS FILED U/S.14(A)(2) OF SC/ST (POA) ACT
PRAYING TO SET ASIDE THE ORDER OF BAIL REJECTION OF
THE SESSIONS COURT DATED 23.11.2023 IN
SPL.C.NO.647/2023 ON THE FILE OF THE VI ADDL.DISTRICT
AND SPL.JUDGE MYSURU IN CR.NO.173/2023 FOR THE
OFFENCE P/U/S 143, 147, 148, 504, 506, 323, 120B, 307, 341,
302, 201 R/W 149 OF IPC AND SEC.3(2)(v)OF SC/ST (POA)
ACT OF T.NARASIPURA P.S.,
IN CRL.A NO.293/2024
BETWEEN:
SHASHI,
S/O NAGARAJU,
AGED ABOUT 32 YEARS,
R/AT NO.515,
SRIRAMPURA STREET,
WARD NO.9,
T. NARASIPURA TOWN,
MYSURU DISTRICT - 571 124
...APPELLANT
(BY SRI. LETHIF B., ADVOCATE)
-6-
NC: 2024:KHC:17963
CRL.A No. 122 of 2024
C/W CRL.A No. 218 of 2024
CRL.A No. 293 of 2024
AND:
1. THE STATE OF KARNATAKA
BY T. NARASIPURA POLICE STATION,
MYSURU DISTRICT,
REP BY SPP,
HIGH COURT BUILDING,
BANGALORE - 560 001.
2. RAMANUJAN,
S/O RAJAGOPAL,
AGED ABOUT 38 YEARS,
R/AT CHIKKA ANGADI BEEDHI,
T NARASIPURA TOWN,
MYSURU DISTRICT - 571 124
...RESPONDENTS
(BY SRI. RANGASWAMY R., HCGP FOR R1;
SRI. ARUNA SHYAM M., SENIOR COUNSEL FOR
SRI. SUYOG HERELE, ADVOCATE FOR R2)
THIS CRL.A IS FILED U/S.14(A)(2) OF CR.P.C PRAYING
TO SET ASIDE THE ORDER DATED 23.11.2023 IN
SPL.C.NO.647/2023 (CR.NO.173/2023) OF T.NARASIPURA P.S
MYSURU DISTRICT FOR THE OFFENCE P/U/S
143,147,148,504,506,323,120(B),307,341,302,201,149 OF IPC
AND SEC.3(2)(v) OF SC/ST (POA) ACT PENDING ON THE FILE
OF VI ADDL.DISTRICT AND SPL.JUDGE MYSURU AND
RELEASED HIM ON BAIL.
THESE APPEALS, COMING ON FOR ADMISSION, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
-7-
NC: 2024:KHC:17963
CRL.A No. 122 of 2024
C/W CRL.A No. 218 of 2024
CRL.A No. 293 of 2024
JUDGMENT
Criminal Appeal No.293/2024 is filed by accused No.8 praying to set aside the order dated 23.11.2023 passed in Special Case No.647/2023 by the VI Additional District and Special Judge, Mysuru whereunder bail application of appellant/accused No.8 came to be rejected.
Criminal Appeal No.122/2024 is filed by appellants/accused Nos.3, 5 and 6 praying to set aside the order dated 28.12.2023 passed in Special Case No.647/2023 by the VI Additional District and Special Judge, Mysuru where under their bail applications came to be rejected.
Criminal Appeal No.218/2024 is filed by accused No.7 praying to set aside the order dated 23.11.2023 passed in Special Case No.647/2023 by the VI Additional District and Special Judge, Mysuru where under his bail application came to be rejected.
-8-
NC: 2024:KHC:17963 CRL.A No. 122 of 2024 C/W CRL.A No. 218 of 2024 CRL.A No. 293 of 2024
2. All the appellants are accused in crime No.173/2023 of T.Narasipura Police Station registered for the offences punishable under Sections 143, 147, 148, 504, 506, 323, 120B, 307, 341, 302, 201 r/w Section 149 of IPC and Section 3(2)(v) of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act.
3.Heard the learned counsels for appellants and learned HCGP for respondent No.1-State and learned Senior counsel for respondent No.2/complainant.
4. Case of the prosecution is that on 08.07.2023 there was Hanuma Jayanthi program and respondent No.2 and others were stopping the entry of the vehicles into the temple premises. At that time, accused No.1- Manikanta and accused No.2-Sandesh were entering on motorbike through main door of the temple and respondent No.2 and Gopala asked the volunteers not to allow the vehicles inside and accused Nos.1 and 2 were enraged by the said aspect. Thereafter, on 09.07.2023 at about 04.00 pm when respondent No.2 and deceased -9- NC: 2024:KHC:17963 CRL.A No. 122 of 2024 C/W CRL.A No. 218 of 2024 CRL.A No. 293 of 2024 Venugopal were returning the goods brought for the function, at that time, accused Nos.1 and 4 quarreled with them, torn the clothes of the deceased-Venugopal, assaulted him on his lip and caused injury. Accused Nos.1 to 4 assaulted the deceased-Venugopal and respondent No.2 and Chetan pacified the quarrel. Thereafter, at 08.15 pm accused No.1 made a phone call to the deceased- Venugopal asking him to come near the service station for talks. When the deceased-Venugopal and others on motorcycle were near the fire service station, they saw accused Nos.1 to 4 and 3-4 other persons were holding deadly weapons and when the deceased-Venugopal and Chetan got down from the motorbike, accused No.1 started assaulting the deceased-Venugopal and accused No.3 assaulted the deceased-Venugopal with glass bottle on his face and head and accused No.4 assaulted with knife on his stomach, ribs and accused No.6 with a broken glass bottle assaulted on different parts of the body of the deceased-Venugopal and accused No.5 with a broken glass bottle assaulted him on his left rib and neck. At that
- 10 -
NC: 2024:KHC:17963 CRL.A No. 122 of 2024 C/W CRL.A No. 218 of 2024 CRL.A No. 293 of 2024 time, accused No.4 assaulted with hands and broken glass bottle and accused No.5 assaulted with a broken glass bottle on left side of rib, neck and attempted to commit the murder. Thereafter, the deceased-Venugopal was taken to hospital and the Doctor who examined him told that he was dead.
5. Learned counsel for the appellant/accused No.8 would contend that the name of accused No.8 is not stated in FIR even though there is accusation in the charge sheet stating that accused No.8 had held the hands of the deceased but CWs-1 to 3, who are eye witnesses in this case have not stated the same in their statements. There is no overt act of assault alleged against accused No.8.
6. Learned counsel for appellants/accused Nos.3, 5, 6 and 7 would contend that the accusation against accused No.7 is that he gave beer bottle to accused Nos.3, 5 and 6 and there is no accusation of assault by accused No.7. He contends that the accusation against
- 11 -
NC: 2024:KHC:17963 CRL.A No. 122 of 2024 C/W CRL.A No. 218 of 2024 CRL.A No. 293 of 2024 accused Nos.3, 5 and 6 is that they have assaulted the deceased by broken bottle and the injuries caused do not result in the death of the deceased. The deceased had consumed alcohol at the time of the incident, which is stated in the FSL report. The police have recorded the statement of CWs-1 to 3 after recording the statement by the Magistrate under Section 164 of Cr.P.C and hence prays to allow the appeals.
7. Learned HCGP would contend that complainant and CWs 2 and 3 are eye witnesses to the incident. They have stated in their statements recorded under Section 164 of Cr.P.C about the specific overt act against the accused Nos.3, 5 and 6 assaulting the deceased with bottle. The PM report indicates that deceased has sustained 17 injuries and cause of death is multiple sharp injuries sustained by the deceased. Hence, prays to dismiss the appeals.
- 12 -
NC: 2024:KHC:17963 CRL.A No. 122 of 2024 C/W CRL.A No. 218 of 2024 CRL.A No. 293 of 2024
8. Learned senior counsel for respondent No.2/ complainant would contend that there are serious overt acts alleged against the appellants/accused Nos.3, 5 and 6 who have assaulted the deceased with beer bottle on his head, face etc. The said overt acts are stated by CWs-1 to 3, who are eye witnesses to the incident in their statements recorded under Section 164 of Cr.P.C. The victim belongs to schedule caste and there is a threat to the wife of the deceased, who is having a small kid. Hence, prays to allow the appeals.
9. Having heard the learned counsels, the Court has perused the impugned orders and the charge sheet materials.
10. On perusal of the statements of CWs-1 to 3 recorded under Section 164 of Cr.P.C., which indicates that they have assaulted the deceased with beer bottle on his head, face and other parts of the body. The P.M. report indicates that deceased has sustained 17 injuries and the cause of death is due to sharp injuries sustained
- 13 -
NC: 2024:KHC:17963 CRL.A No. 122 of 2024 C/W CRL.A No. 218 of 2024 CRL.A No. 293 of 2024 by the deceased. Even though the assault made by the accused Nos.3, 5 and 6 might not have caused the death but there is a serious accusation against them in assaulting the deceased with beer bottle on his face, head and other parts of the body causing serious injuries. Considering the said aspect, the learned Special Judge has rightly rejected the bail applications of accused Nos.3, 5 and 6.
11. The accusation against accused No.8 in the charge sheet is that he held the hands of the deceased at the time of incident. Upon perusal of the statements of CWs-1 to 3, there is no such accusation against the accused No.8 with regard to holding the hands of the deceased. There is no overt act alleged against accused No.8 assaulting the deceased. Therefore, accused No.8 is entitled for grant of bail.
12. The accusation against accused No.7 in the charge sheet is that he gave beer bottle to accused Nos.3, 5 and 6 and there is no accusation against accused No.7
- 14 -
NC: 2024:KHC:17963 CRL.A No. 122 of 2024 C/W CRL.A No. 218 of 2024 CRL.A No. 293 of 2024 of assault to the deceased. Therefore, accused No.7 is entitled for grant of bail. In the result, the following:-
ORDER Criminal appeal No.122/2024 filed by accused Nos.3, 5 and 6 is hereby dismissed.
Criminal appeal No.293/2024 filed by accused No.8 and Criminal Appeal No.218/2024 filed by accused No.7 are hereby allowed.
Accused Nos.7 and 8 are ordered to be enlarged on bail in crime No.173/2023 of T. Narasipura Police Station pending in Special case No.647/2023 on the file of the VI Additional District and Special Judge, Mysuru, subject to the following conditions:-
I. Accused Nos.7 and 8 shall execute a personal bond for a sum of Rs.1,00,000/- each (Rupees One Lakh only) with one surety for the like sum to the satisfaction of the Trial Court.
- 15 -
NC: 2024:KHC:17963 CRL.A No. 122 of 2024 C/W CRL.A No. 218 of 2024 CRL.A No. 293 of 2024 II. Accused Nos.7 and 8 shall not threaten the complainant and tamper with the prosecution witnesses.
III. Accused Nos.7 and 8 shall attend the Trial Court on all dates of hearing unless exempted and co-operate in speedy disposal of the case.
IV. Accused Nos.7 and 8 shall not involve in commission of any offence during the pendency of the case registered against them.
Sd/-
JUDGE VS List No.: 1 Sl No.: 42 CT:SNN