Karnataka High Court
Sangamesh vs Stae By Gubbi Police on 23 January, 2023
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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CRL.A No. 2265 of 2022 C/w.
CRL.A. No. 2250 OF 2022 &
CRL.A. No. 2278 OF 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL NO. 2265 OF 2022
C/W
CRIMINAL APPEAL NO. 2250 OF 2022 &
CRIMINAL APPEAL NO. 2278 OF 2022
IN CRL.A NO. 2265 OF 2022
BETWEEN:
SANGAMESH
S/O LATE MAHALINGAPPA
AGED ABOUT 45 YEARS
R/AT PEDDANAHALLI VILLAGE
KASABA HOBLI, GUBBI TALUK
Digitally signed by
SANDHYA S TUMKURU DIST-572 216
Location: HIGH
COURT OF ...APPELLANT
KARNATAKA
(BY SRI. A.N. RADHAKRISHNA, ADVOCATE)
AND:
1. STAE BY GUBBI POLICE
TUMKURU DISTRICT
REPRESENTED BY
THE STATE PUBLIC PROSECUTOR
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CRL.A No. 2265 of 2022 C/w.
CRL.A. No. 2250 OF 2022 &
CRL.A. No. 2278 OF 2022
HIGH COURT BUILDINGS
BENGALURU-560 001
2. SRIDHAR P.M
S/O MUDALAGIRIYAPPA
AGED ABOUT 37 YEARS
RESIDENT OF ADALAGERE VILLAGE
NITTUR HOBLI, GUBBI TALUK
TUMKURU DISTRICT-572 223
...RESPONDENTS
(BY SRI. S. VISHWAMURTHY, HCGP FOR R1,
R2-SERVED AND UNREPRESENTED)
THIS CRL.A. IS FILED U/S.14(A) (2) OF SC/ST (POA)
ACT, 2015, PRAYING TO SET ASIDE THE IMPUGNED ORDER
DATED 15.10.2022 PASSED IN CRL.MISC.NO.1246/2022 AND
ALLOW THE APPEAL BY ENLARGING THE APPELLANT (ACCUSED
NO.23) ON BAIL IN SPL.C.NO.341/2022 (CR.NO.80/2022)
FILED FOR THE OFFENCE P/U/S. 143, 144, 148, 323, 324, 302,
201, 120-B,504,114 R/W SEC.149 OF IPC AND SEC.3(2)(v)
SC/ST (POA) ACT BY THE RESPONDENT GUBBI NO.1 POLICE
STATION ON THE FILE OF THE LEARNED III ADDITIONAL
DISTRICT AND SESSIONS COURT, TUMAKURU DISTRICT.
IN CRL.A NO. 2250 OF 2022
BETWEEN:
MR. NARAYANAPPA
SON OF VENKATESHAIAH
AGED ABOUT 66 YEARS
R/AT PEDDANAHALLI VILLAGE
KADABA HOBLI, GUBBI TALUK
TUMKUR DISTRICT-572 216
...APPELLANT
(BY SRI. RAJANNA B.C, ADVOCATE)
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CRL.A No. 2265 of 2022 C/w.
CRL.A. No. 2250 OF 2022 &
CRL.A. No. 2278 OF 2022
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY GUBBI POLICE STATION
GUBBI TALUK, TUMKUR DISTRICT
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
BENGALURU-560 001
2. SRIDHAR B.V
S/O MUDALAGIRIYAPPA
AGED ABOUT 37 YEARS
R/AT PEDDANAHALLI VILLAGE
KADABA HOBLI, GUBBI TALUK
TUMKURU DISTRICT-572 223
...RESPONDENTS
(BY SRI. S. VISHWAMURTHY, HCGP FOR R1
R2-SERVED AND UNREPRESENTED)
THIS CRL.A. IS FILED U/S.14(A) (2) OF SC/ST (POA)
ACT, 2015, PRAYING TO SET ASIDE THE IMPUGNED ORDER
DATED 15.10.2022 PASSED BY THE III ADDITIONAL DISTRICT
AND SESSION JUDGE TUMAKURU IN CRL.MISC.NO.1229/2022
FOR THE ALLEGED OFFENCES P/U/S. 143, 144, 148, 323, 324,
302, 201, 120-B,504,114 R/W SEC.149 OF IPC AND SEC.
3(2)(v) OF SC/ST (POA) ACT WHICH IS PENDING ON THE FILE
OF LEARNED III ADDITIONAL DISTRICT AND SESSION JUDGE,
TUMAKURU.
IN CRL.A NO. 2278 OF 2022
BETWEEN:
ADARSHA S/O LATE MAHALINGAPPA
AGED ABOUT 36 YEARS
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CRL.A No. 2265 of 2022 C/w.
CRL.A. No. 2250 OF 2022 &
CRL.A. No. 2278 OF 2022
RESIDENT OF PEDDANAHALLI VILLAGE
KADABA HOBLI, GUBBI TALUK
TUMAKURU DISTRICT-572 210
...APPELLANT
(BY SRI. A.N. RADHAKRISHNA, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY GUBBI POLICE STATION
REPRESENTED BY THE STATE PUBLIC PROSECUTOR
HIGH COURT BUILDINGS
BENGALURU-560 001
2. SRIDHAR
S/O MUDALAGIRIYAPPA
AGED ABOUT 37 YEARS
RESIDENT OF ADALAGERE VILLAGE
NITTUR HOBLI, GUBBI TALUK
TUMKURU DISTRICT-572 210
...RESPONDENTS
(BY SRI. S. VISHWAMURTHY, HCGP FOR R1
R2-SERVED AND UNREPRESENTED)
THIS CRL.A. IS FILED U/S.14(A) (2) OF SC/ST (POA)
ACT, 2015, PRAYING TO SET ASIDE THE ORDER DATED
15.10.2022 PASSED BY THE III ADDITIONAL DISTRICT AND
SESSION JUDGE TUMAKURU IN CRL.MISC.NO.1246/2022 AND
CONSEQUENTLY ALLOW THE APPEAL AND ENLARGE THE
APPELLANT/ACCUSED NO.11 ON BAIL IN SPL.CASE NO.
341/2022 IN CRIME NO.80/2022 OF GUBBI POLICE STATION
NOW PENDING ON THE FILE OF THE LEARNED III ADDITIONAL
DISTRICT AND SESSIONS JUDGE, TUMKURU, FOR THE
OFFENCES P/U/S. 143,144,148,323,324,302,201,120-B, 504,
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CRL.A No. 2265 of 2022 C/w.
CRL.A. No. 2250 OF 2022 &
CRL.A. No. 2278 OF 2022
114 R/W 149 OF IPC AND UNDER SEC.3(2)(v) SC/ST (POA)
ACT.
THESE APPEALS COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Crl.A. No.2265/2022 is filed by accused No. 23 and Crl.A. No. 2278/2022 is filed by accused No. 11 challenging the order dated 15.10.2022 passed in Crl.Misc. No. 1246/2022 by the III Additional District and Sessions Judge, Tumakuru whereunder their bail petition came to be rejected.
Crl.A. No. 2250/2022 is filed by accused No. 24 challenging the order dated 15.10.2022 passed in Crl.Misc. No. 1229/2022 by III Additional District and Sessions Judge, Tumakuru whereunder the bail petition of accused No. 24 and others came to be rejected.
All these appellants had sought bail in Crime No. 80/2022 of Gubbi Police Station for the offence punishable under Sections 143, 144, 148, 323, 324, 302, 201, 120(B), 504, -6- CRL.A No. 2265 of 2022 C/w.
CRL.A. No. 2250 OF 2022 & CRL.A. No. 2278 OF 2022 114 read with Section 149 of IPC and Sections 3(2)(v) of the SC ST (Prevention of Atrocities) Act, 1989.
2. Heard the learned counsel appearing for the appellants and learned HCGP appearing for the respondent No. 1 - State. Inspite of service of notice, respondent No. 2 - complainant, has not chosen to appear either in person or through counsel in all these appeals.
3. It was reported to the Police that one Sandeep and others took Girish, the brother of respondent No. 2 with them at about 08.30 or 09.00 PM on 21.04.2022 and he did not return. Thereafter respondent No. 2 came to know that his brother was found dead and the dead body was floating in a pond. Another person was also found dead at some distance. Respondent No. 2 went to that place and saw the dead body of his brother Girish in the pond. He noticed injuries on the dead body. He also saw the dead body of another person namely Girish s/o -7- CRL.A No. 2265 of 2022 C/w.
CRL.A. No. 2250 OF 2022 & CRL.A. No. 2278 OF 2022 Kempanna. He suspected that accused No. 1 - Nandish and supporters might have killed his brother and another person Girish. Investigation led to filing of charge sheet against 29 accused. According to the prosecution, both the deceased were thieves and were involved in stealing of electrical starters, coconut, arecanut and therefore some of the villagers decided to catch them red hand when they were committing theft. Pursuant to the same, both were caught and they were assaulted severely and consequently they died. The dead bodies were found.
4. Insofar as appellants - accused Nos. 23 and 24 are concerned the allegations against them is that they instigated the other accused to beat the deceased. So far as accused No. 11 is concerned, the allegation against him is that he assaulted the deceased with hands and kicked with legs. C.W.2 to C.W.8 are eye witnesses. Accused Nos. 18, 20, 21, 22, 25 and 29 against whom similar allegation of instigation has been made have been granted bail by -8- CRL.A No. 2265 of 2022 C/w.
CRL.A. No. 2250 OF 2022 & CRL.A. No. 2278 OF 2022 this Court in Crl.A. No. 1965/2022 and 2105/2022. Accused No. 14 against whom similar allegation of assault with hands and legs is made has been granted bail by this Court in Crl.A. No. 2108/2022. Therefore, on the ground of parity all the three accused are entitled for grant of bail. As charge sheet is filed, the appellants are not required for custodial interrogation.
5. It is submitted that accused No. 24 belongs to schedule caste and therefore, the offence under Section 3(2)(v) of the SC ST (Prevention of Atrocities) Act, 1989, against him is not attracted. Moreover, the motive behind the incident does not appear to be a caste based attack, rather it was found that the deceased were found to be thieves and probably the accused might have thought of teaching them a lesson. Hence, all the three appellants - accused in all the three appeals are entitled for grant of bail by setting aside the impugned order. In view of the same, I proceed to pass the following;
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CRL.A No. 2265 of 2022 C/w.
CRL.A. No. 2250 OF 2022 & CRL.A. No. 2278 OF 2022 ORDER Appeals are allowed. The orders passed by the III Additional District and Sessions Judge, Tumakuru, dated 15.10.2022 in Crl.Misc. No. 1246/2022 and in Crl.Misc.No. 1229/2022 on the file of III Additional District and Sessions Judge, Tumakuru, insofar as appellants - accused Nos. 11, 23 and 24 are concerned are set aside. The appellants - accused Nos. 11, 23 and 24 shall be released on bail in Crime No. 80/2022 of Gubbi Police Station subject to the following conditions: a) Appellants - accused Nos. 11, 23 and 24
shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each and two sureties for the likesum to the satisfaction of the trial court.b) Appellants - accused Nos. 11, 23 and 24
shall not tamper with the evidence
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CRL.A No. 2265 of 2022 C/w. CRL.A. No. 2250 OF 2022 & CRL.A. No. 2278 OF 2022 collected by the Investigating Officer and threaten the witnesses.c) Appellants - accused Nos. 11, 23 and 24
shall regularly appear before the trial Court till conclusion of the trial.d) Appellants - accused Nos. 11, 23 and 24
shall not get involved in any other criminal case/s in future. In case any FIR is registered against them, the same will be considered for cancellation of bail.
Sd/-
JUDGE LRS