Karnataka High Court
S. Ramesh vs State Of Karnataka on 9 November, 2023
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2023:KHC:40350
CRL.P No. 10857 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 10857 OF 2023
BETWEEN:
1. S. RAMESH (A-1)
S/O SIDDAPPA
AGED ABOUT 42 YEARS
R/AT NO. 69/1, SOMOJIRAO
LAYOUT, BNEAR VISHAL SCHOOL
SUBHASH NAGARA NELAMANGALA
BANGALORE RURAL DISTRICT 562123.
2. PAVAN KUMAR.G @ SWAMI (A-2)
S/O GOVINDARAU M
AGED ABOUT 30 YEARS
R/AT KARENAHALLI
DODDABALLAPURA TOWN
BENGALURU RURAL DISTRICT 561203.
3. K.C. PRASHANT (A-3)
S/O CHANDRACHARI
AGED ABOUT 37 YEARS
RA/T KANASAVADI COLONY
Digitally signed MADURE HOBLI
by B A DODDABALAPURA TALUKU
KRISHNA
KUMAR BENGALURU RURAL DISTRICT 561203.
Location: HIGH
COURT OF 4. DEVARAJU.N(A-4)
KARNATAKA S/O NARASHIMAIAH
AGED ABOUT 25 YEARS
R/AT KALLUKOTE TUBUGERE HOBLI
DODDABALLAPURA TALUK,
BANGALORE RURAL DISTRICT 561205.
5. B.C. DEVARAJ (A-5)
S/O CHINNAPPA
AGED ABOUT 28 YEARS
R/AT BEERAMANGALA BISLAHALLI
CHIKKABALLAPUR
BENGALURU RURAL DISTRICT 561211.
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NC: 2023:KHC:40350
CRL.P No. 10857 of 2023
6. KUMARA @ VASANTH KUMAR G (A-6)
S/O LATE ANGADHARAPPA
AGED ABOUT 27 YEARS
R/AT TUBAGERE VILLAE
DODDABALLAPURA TALUKU
BENGALURU RURAL DISTRICT 561205.
7. VIJAYAKUMAR M.L (A-7)
S/O LAKSHMINARASAPPA
AGED ABOUT25 YEARS
R/AT MUKKADIGATTA VILLAGE
TUBAGERE HOBL,
DODDABALLAPURA TALUKU
BENGALURU RURAL
DISTRICT 561 205.
8. MANOJKUMAR T R (A-8)
S/O RAMANJANAPPA
AGED ABOUT 24 YEARS
R/AT THIMMOJANAHALLI VILLAGE
LAKSHMIDEVIPURA
HADONAHALLI POST
DODDABALLAPURA TALUKU
BENGALURU RURAL DISTRICT
PIN CODE 561 205.
9. RAJESH . R (A-9)
S/O RAMESH
AGED ABOUT 26 YEARS
R/AT NO. 884 7TH CROSS
SHANTHINAGAR
DODDABALLAPURA TALUK
BENGALURU RURAL
DISTRICT 561203.
10. MANJUNAYAK (A-10)
S/O CHANDRANAYAK
AGED ABOUT 30 YEARS
R/AT MELINAIKARADAHALLI
DODDABALLAPURA TOWN
BANGALORE RURAL 561203.
11. RAMESH (A-11)
S/O LATE BAIRAPPA
AGED ABOUT 52 YEARS
R/AT MELINAIKARADAHALLI
-3-
NC: 2023:KHC:40350
CRL.P No. 10857 of 2023
DODDABALLAPURA TOWN
BANGALORE RURAL 561203.
12. SUDARESH NARAGAL @
SUNDARESHA N.R (A-12)
S/O RAMEGOWDA
AGED ABOUT 38 YEARS
R/AT NARAGAL IDAKANI VILLAGE
HEMMAKKI POST, MUDIGERE
CHIKKAMAGALURU DISTRICT
KARNATAKA 577121.
13. JAGADESH K (A-13)
S/O LATE KEMPARAJU
AGED ABOUT 25 YEARS
R/AT MADHURE HOBLI
DODDABALLAPURA TALUK
ISTHURU COLONY
BENGALURU RURAL
DISTRICT 561204.
14. PUNEETH @PUNEETH KUMAR M(A-14)
S/O LATE BASAVARAJU C
AGED ABOUT 25 YEARS
R/AT KANASAVADI VILLAGE
MADURAI HOBLI
DODDABALLAPURA TALUKU
BENGALURU RURAL DISTRICT 561203.
15. AJITH .N (A-15)
S/O NARAYANASWAMY
AGED ABOUT 36 YEARS
BEEDIKERE VILLAGE
GANTIGANAHALLI
DODDABALLAPURA TALUKU
BENGALURU RURAL DISTRICT 561205.
16. B.V. NAGARAJ (A-16)
S/O VENKATESH
AGED ABOUT 48 YEARS
RA/T DODDABIDREKALLU
NAGASANDRA POST
BENGALURU 560 073.
...PETITIONERS
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NC: 2023:KHC:40350
CRL.P No. 10857 of 2023
(BY SRI ARUN SHYAM SR. COUNSEL FOR
SRI MANJUNATH S HALAWAR, ADV.)
AND:
STATE OF KARNATAKA
DODDABALLAPURA TOWN
POLICE STATION, (REP BY
SPP, HIGH COURT OF KARNATAKA
BUILDING, BANGALORE -01.
...RESPONDENT
(BY SRI JAIRAM SIDDI, HCGP)
THIS CRL.P FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE
PETITIONER ON BAIL IN CR.NO.179/2023 OF DODDABALLAPURA
TOWN P.S., BENGALURU DISTRICT FOR THE OFFENCE
P/U/S.143,147,323,324,341,395,435,153-A,149 OF IPC PENDING ON
THE FILE OF THE 2nd ADDITIONAL CIVIL JUDGE AND JMFC AT
DODDAVALLAPUTA.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
Accused nos.1 to 16 in Crime No.179/2023, registered by Doddaballapura Town Police Station, Bengaluru District for the offences punishable under Sections 143, 147, 323, 324, 341, 395, 435, 153A R/w 149 of IPC are before this Court seeking regular bail.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.179/2023 was registered by Doddaballapura Town Police Station, Bengaluru District initially -5- NC: 2023:KHC:40350 CRL.P No. 10857 of 2023 for the offences punishable under Sections 143, 147, 323, 324, 341, 384, 435, 153A R/w 149 of IPC against Sundaresh Nargal and 8 others. During the course of investigation of the said case, the petitioners were arrested on 24.09.2023 and remanded to judicial custody. They have been arrayed as accused nos.1 to 16 in remand application.
4. The bail application of the petitioners filed before the Court of IV Addl. District & Sessions Judge, Doddaballapura was rejected on 07.10.2023. It is under these circumstances, the petitioners are before this Court.
5. Learned Senior Counsel appearing for the petitioners submits that there is case and counter case in respect of the incident that had taken place on 24.09.2023. On the basis of complaint made by Pavan who is accused no.2 in the present case, FIR in Crime No.180/2023 has been registered by the very same Police Station for the offence punishable under Sections 504 & 506 of IPC and Sections 4, 5, 7, 11 & 12 of the Karnataka Prevention of Slaughter and Preservation of Cattle Ordinance, 2020. He submits that the allegation in the complaint is that the complainant and other -6- NC: 2023:KHC:40350 CRL.P No. 10857 of 2023 accused persons named in the FIR were transporting cattle meat in their vehicle and when this was objected too by the petitioners and other villagers, a false complaint has been lodged against them. Major portion of the investigation in the case is complete. The petitioners are in custody from 24.09.2023. Accordingly, he prays to allow the petition.
6. Per contra, the learned HCGP has opposed the bail application. He submits that investigation is under progress and charge sheet is yet to be filed.
7. The material on record would go to show that in respect of the incident that had taken place on 24.09.2023 there is a case and counter case registered by the very same police. In the complaint lodged by petitioner no.2 herein which had resulted in registering FIR in Crime No.180/2023, it is alleged that the complainant and other persons were illegally transporting cattle meat in their vehicle and this was objected by the public. In the present case the allegation made against the petitioners is that they had obstructed the vehicles belonging to the complainant and others on the ground that -7- NC: 2023:KHC:40350 CRL.P No. 10857 of 2023 cattle meat was being illegally transported in the vehicles and an attempt was also made to disturb the peace of locality, etc.
8. The material on record would go to show that undisputedly cattle meat was being transported in the vehicles belonging to the accused persons in Crime No.180/2023. The vehicles as well as the meat has been seized in the said case. The alleged offences against the petitioners are not exclusively punishable with death or with life imprisonment. The major portion of the investigation is complete, there is a case and counter case in respect of the incident that had taken place on 24.09.2023. Allegations made against the accused persons is required to be proved in full-fledged trial. Under these circumstances, I am of the view that the petitioners have made out a prima facie case for grant of regular bail. Accordingly, the following:
::ORDER::
The petition is allowed.
The petitioners are directed to be enlarged on bail in S.C.No.126/2021 pending before the Court of Crime No.179/2023, registered by Doddaballapura Town Police Station, Bengaluru District for the offences punishable under -8- NC: 2023:KHC:40350 CRL.P No. 10857 of 2023 Sections 143, 147, 323, 324, 341, 395, 435, 153A R/w 149 of IPC, subject to the following conditions:
a) The petitioners shall execute personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) each with two sureties for the likesum, to the satisfaction of the jurisdictional Court;
b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons;
c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off.
SD/-
JUDGE NMS