Karnataka High Court
Raghu @ Chiya vs The State Of Karnataka on 8 June, 2023
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NC: 2023:KHC:19619
CRL.A No. 205 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR
CRIMINAL APPEAL NO. 205 OF 2023
Between:
Raghu @ Chiya
S/o. Narayanappa
Aged about 26 years
R/at No. 373/a, 7th Cross
Near Modi Hospital
Indiranagar Rajajinagar
Bengaluru -560 010
...Appellant
(By Sri Sunil Kumar S., Advocate)
And:
1. The State of Karnataka
Digitally signed By Kyathasandra Police Station,
by C K LATHA Rep. by learned
Location: HIGH State Public Prosecutor
COURT OF High Court Building Complex
KARNATAKA Bengaluru -560 001
2. Smt. Savitha
W/o. Late Ravi Kumar H.R.,
Aged about 33 years
Near Chowdeshwari Temple
Devarayapatna Main Road
Batawadi Tumkur -572 104
...Respondents
(By Sri Abhijith K.S., HCGP for R1;
R2 served, unrepresented)
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NC: 2023:KHC:19619
CRL.A No. 205 of 2023
This Criminal Appeal is filed u/s 14(A)(2) of SC/ST (POA)
Act praying to set aside the order dated 28.12.2022 in
Spl.C.C.No.444/2019 passed by the Hon'ble Principal Civil and
Sessions Judge, Bengaluru and enlarge the appellant/accused
no.8 on bail in Cr.No.222/2018 of Kyathasandra Police Station,
for the offence p/u/s 143, 147, 148, 120(B), 212, 302, 201 r/w
149 of IPC and section 3(2)(v) of SC/ST (POA) Act and section
3(1)(i), (2), (3), (4) of KCOCA, 2000 which is now pending
before the Hon'ble Court of the Prl. City Civil and Sessions
Judge, Bengaluru, in Spl. C.C. No. 444/2019.
This Criminal Appeal coming on for admission, this day,
the court delivered the following:
JUDGMENT
Heard Sri Sunil Kumar S, learned counsel for the appellant and Sri K.S.Abhijith, learned HCGP, for respondent No.1/State. Respondent No.2 has been served with notice, but she has not entered appearance before the court.
2. This is an appeal under section 14A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, challenging the order dated 28.12.2022 passed by the Principal City Civil and Sessions Judge, Bengaluru, on an application filed under section 439 Cr.P.C -3- NC: 2023:KHC:19619 CRL.A No. 205 of 2023 in Spl. C.C.444/2019. Accused No.8 Raghu @ Chiya was the applicant under section 439 Cr.P.C.
3. If the impugned order is perused, it appears that the learned trial judge has refused bail to the appellant giving reasons that the charge sheet materials indicate involvement of the appellant in the commission of offence. It is observed that there is an account of the incident given by the eye witnesses and that at the time of deciding bail application, the court cannot hold a mini trial. Appellant who is accused No.8 has also given confession statements and the other accused have also given statement before the police in the course of investigation. In view of these facts and circumstances, merely because charge sheet has been filed, the bail cannot be granted to the appellant.
4. It is to be mentioned here that the appellant moved this court on an earlier occasion by filing Criminal Appeal No. 1668/2021 and he withdrew it on 30.9.2022 stating that he would move the trial court for bail. After -4- NC: 2023:KHC:19619 CRL.A No. 205 of 2023 withdrawing the appeal, he approached the trial court for bail and the application stood dismissed.
5. The case pertains to causing the death of one Ravikumar on 30.9.2018 near Batawadi Service Road, Tumkur. Investigation has been completed. Test identification parade was held on 17.1.2019 and at that time CW2 to 5 identified the appellant, but CW1 and 6 did not identify the accused. While deciding Criminal Appeal 628/2021 preferred by one Raghu @ Chaddi/accused No.2, it was observed by me that before holding test identification parade on 17.1.2019, there was telecast of the video on 2.10.2018 itself showing the accused and for this reason the very identification of the accused was doubted. However, accused No.2 was denied bail because the eye witness knew him personally. So far as the appellant is concerned, no eye witness knew him personally. For this reason the identification of the appellant in test identification parade has to be established before the trial court, but at this stage his -5- NC: 2023:KHC:19619 CRL.A No. 205 of 2023 identification in test identification parade cannot be given so much of importance. Moreover, the investigating officer appears to have recorded voluntary statement of accused No.1 in which he made disclosure of the other accused namely Parveez, Pavana, Ramu and Machchi. The further voluntary statement of accused No.1 1 was recorded and at that time he took the names of Jagadisha, Mahesh, George and Raghu @ Chiya @ Machchi. He stated that when he gave voluntary statement for the first time, he wrongly mentioned the names of Parveez, Pavana, Ramu and Machchi. Therefore disclosure made by accused No.1 in the voluntary statement about other accused is doubtful to be believed at this stage. Though the Government Pleader takes objection seriously that the appellant is involved in other two criminal cases, for the reason that in this case there are no prima facie materials about his involvement, I am of the opinion that the trial court ought to have granted bail to him and hence the following -
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NC: 2023:KHC:19619 CRL.A No. 205 of 2023
(a) Appeal is allowed.
(b) The order dated 28.12.2022 passed by the Principal City Civil and Sessions Judge, Bengaluru, on the application filed under section 439 Cr.P.C in Spl. C.C.444/2019 is set aside. Application under section 439 Cr.P.C. is allowed.
(c) The appellant-accused No.8-Raghu @ Chiya is ordered to be released on bail on his executing a bond for a sum of Rs.2,00,000/- and providing two sureties for the likesum to the satisfaction of the trial court. He is subjected to the following conditions : -
(i) He shall regularly appear before the trial court till completion of the trial.
(ii) He shall not threaten the witnesses and tamper with the evidence.
(iii) He shall not get himself involved in any criminal case in future. If any FIR is lodged against him at -7- NC: 2023:KHC:19619 CRL.A No. 205 of 2023 any police station for any offence, the bail granted now will stand automatically cancelled.
(iv) He shall mark his attendance before the jurisdictional police station once in a fortnight between 9.00 AM and 12 noon preferably on a Sunday till completion of the trial.
(v) He shall not leave the jurisdiction of the trial court till completion of the trial without prior permission of the trial court.
Sd/-
JUDGE CKL List No.: 1 Sl No.: 3