Karnataka High Court
Mr Ramesh D R vs State Of Karnataka on 4 July, 2024
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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NC: 2024:KHC:25268
CRL.A No. 1225 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL No. 1225 OF 2024
BETWEEN:
MR RAMESH D R
S/O RAMAPPA
AGED ABOUT 46 YEARS
WARD No.5, YELAHANKA BEEDI
DEVANAHALLI TOWN
BANGALORE RURAL - 562 110.
...APPELLANT
(BY SRI M S SHYAM SUNDAR, SENIOR COUNSEL FOR
SMT. VANDANA P L, ADVOCATE)
AND:
Digitally signed by 1. STATE OF KARNATAKA
LAKSHMINARAYANA
MURTHY RAJASHRI BY CHANNARAYAPATNA PS
Location: HIGH REPRESENTED BY SPP
COURT OF
KARNATAKA HIGH COURT OF KARNATAKA
BANGALORE - 560 001.
2. MR. PRAVEEN C N
AGED ABOUT 25 YEARS
S/O NAGARAJ
CHANNAHALLI VILLAGE
CHANNARAYAPATTANA HOBLI
DEVANAHALLI TALUK
BANGALORE DISTRICT - 562 135.
...RESPONDENTS
(BY SRI RANGASWAMY R, HCGP FOR R1
SRI SANTHOSH KUMAR M B, ADVOCATE FOR R2 - V.C.)
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NC: 2024:KHC:25268
CRL.A No. 1225 of 2024
THIS CRL.A. IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT,
2015 PRAYING TO SET ASIDE THE ORDERS PASSED BY THE
LD. II ADDITIONAL DILSTRICT AND SESSIONS JUDGE,
BANGALORE RURAL DISTRICT, AT BANGALORE IN
CRL.MISC.No.1330/2024 DATED 20.06.2024 VIDE ANNEUXRE-
A ARISING OUT OF CR.NO.0014/2024 DATED 31.01.2024 OF
CHANNARAYAPATNA P.S., FOR THE OFFENCE P/U/S 143, 147,
148, 447, 323, 324, 307, 354, 504, 506, 120B R/W 149 OF IPC
AND SECTION 3(1)(r)(s), 3(2)(5)(f) SC/ST ACT, ARRAIGNING
THE PRESENT APPELLANT AS ACCUSED No.13 IN THE CHARGE
SHEET VIDE ANNEXURE-D AND GRANT REGULAR BAIL AND
ETC.,
THIS APPEAL, COMING ON FOR ADMISSION THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
1. This appeal is filed by accused No.13 praying to set-aside the order dated 26.06.2024 passed in Crl.Misc.No.1330/2024 by the II Additional District and Sessions Judge and Special Judge, Bengaluru Rural District, Bengaluru, whereunder, the bail application of this appellant - accused No.13 sought in respect of Crime No.14/2024 of Channarayapatna Police Station, registered for the offences under Sections 143, 147, 148, 447, 120B, 323, 324, 302, 307, 354, 504 and 506 r/w Section 149 of the Indian Penal Code, 1860, Sections 3(1)(r)(s)(w) and 3(2)(v-f) of the Scheduled Castes and the Scheduled -3- NC: 2024:KHC:25268 CRL.A No. 1225 of 2024 Tribes (Prevention of Atrocities) Act, 1989, came to be rejected.
2. Heard learned counsel for the appellant - accused No.13, learned counsel for respondent No.2 and learned High Court Government Pleader for respondent No.1 - State.
3. It is the case of the prosecution that CW8 - Sri.Narayana Swamy is the owner of Sy.No.77 and he agreed to sell 10 guntas of land out of 1 acre 10 guntas of land to accused No.11 for a sum of Rs.12,85,000/- and received an advance amount of Rs.3,15,000/-. Thereafter, a substantial portion of the land in Sy.No.77 is acquired for formation of road and CW8 has not executed a registered sale deed and agreed to return the advance amount to accused No.11. That, on 31.01.2024 at 9.30 am, CW8 was digging the bore well in his land. Accused Nos.1 and 11 came there and raised objection for such digging of bore well in the said land and CW8 did not stop digging of the bore well. Accused Nos.1, 11 to 13 -4- NC: 2024:KHC:25268 CRL.A No. 1225 of 2024 called accused Nos.2 to 10 near Toll Plaza and hatched criminal conspiracy and accused Nos.1, 11 to 13 abetted the other accused to make galata to stop the bore well work and to commit the offences against CW8 and his family members. Thereafter, accused Nos.1 to 10 formed an unlawful assembly, accused Nos.1 to 7, 9 and 10 were holding deadly weapons like clubs and accused No.8 was holding chopper and they went to the land of CW8 at 10.30 am on 31.01.2024. Accused Nos.1 to 10 trespassed into Sy.No.77 to stop digging the borewell. At that time, CWs.1 to 9 and the deceased Sri.Sanjay raised objection and accused Nos.1 to 10 assaulted them and as a result, the deceased Sri.Sanjay sustained grievous bleeding injuries and succumbed to the injuries on 09.02.2024 in the hospital. CWs.1 and 5 sustained simple injuries and CWs.2, 4, 6 and 7 sustained grievous injuries. CW3 sustained simple as well as grievous injuries. A complaint came to be filed in that regard. After investigation, charge sheet came to be filed for the aforesaid offences. This appellant - accused No.13 came to be arrested on -5- NC: 2024:KHC:25268 CRL.A No. 1225 of 2024 01.02.2024 and he is in judicial custody. The appellant - accused No.13 filed Crl.Misc.No.1330/2024 seeking bail and the same came to be rejected by the impugned order which is challenged in this appeal.
4. Learned senior counsel for the appellant - accused No.13 would contend that on reading Column No.17 of the Charge sheet, except conspiracy, there is no overt act alleged against this appellant - accused No.13 assaulting CWs.1 to 9 and the deceased. He submits that accused No.11 has already been granted bail by this Court in Crl.A.No.629/2024 and this appellant - accused No.13 is also similarly placed to that of accused No.11 and therefore, the appellant - accused No.13 is entitled for grant of bail on the ground of parity. With this, he prayed to allow the appeal and grant bail to the appellant - accused No.13.
5. Per contra, learned High Court Government Pleader for respondent No.1 - State would contend that this appellant - accused No.13 is brother of accused No.1. As -6- NC: 2024:KHC:25268 CRL.A No. 1225 of 2024 per the statement of the witnesses, this appellant - accused No.13 was also present at the spot on the date of incident. Section 149 of IPC, has been invoked against this appellant - accused No.13. There are six injured and one died in the incident. The charge sheet shows prima facie case against this appellant - accused No.13. With this, prayed to dismiss the appeal.
6. Learned counsel for respondent No.2 would contend that name of this appellant - accused No.13 has been stated in the complaint, being present at the spot, at the time of the incident. If the appellant - accused No.13 is granted bail, there is threat to the prosecution witnesses. With this, he prayed to dismiss the appeal.
7. Having heard the learned counsels, the Court has perused the impugned order and the material placed on record.
8. On perusal of Column No.17 of the charge sheet, there is no overt act alleged against this appellant - -7-
NC: 2024:KHC:25268 CRL.A No. 1225 of 2024 accused No.13 of assault to CWs.1 to 9 and the deceased. The only accusation against this appellant - accused No.13 is conspiracy with the other accused to kill the deceased. Even for the sake of the argument, the contention of the respondent is accepted that this appellant - accused No.13 is present at the spot, but no overt act of assault has been alleged against him. As the charge sheet is filed, the appellant - accused No.13 is not required for the custodial interrogation. Without considering all these aspects, the impugned order came to be passed which requires interference by this Court. The appellant - accused No.13 has made out grounds for setting aside the impugned order and for grant of bail. In the result, the following;
ORDER The appeal is allowed. The impugned order dated 26.06.2024 passed in Crl.Misc.No.1330/2024 by the II Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru is set aside. The appellant - accused No.13 is granted bail in Crime No.14/2024 of -8- NC: 2024:KHC:25268 CRL.A No. 1225 of 2024 Channarayapatna Police Station, subject to the following conditions:
(i) The appellant - accused No.13 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.
(ii) The appellant - accused No.13 shall not tamper the prosecution witnesses.
(iii) The appellant - accused No.13 shall attend the Court on all dates of hearing unless exempted and cooperate in speedy disposal of the case.
(iv) The appellant - accused No.13 shall not involve in commission of any of the similar offence, till the disposal of the case registered against him.
Sd/-
JUDGE GH List No.: 1 Sl No.: 37