Karnataka High Court
Sri.Nagendra B.S vs State By Nandini Layout Police Station on 25 July, 2024
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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NC: 2024:KHC:29185
CRL.A No. 1093 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL No. 1093 OF 2024
BETWEEN:
SRI NAGENDRA B.S.
S/O LATE SHIVALINGAIAH
AGED ABOUT 38 YEARS
RESIDING AT No.26/4
15TH MAIN, J.C.NAGARA
MAHALAKSHMIPURAM
BENGALURU - 560 086.
...APPELLANT
(BY SRI PRASHANTH U. T, ADVOCATE)
Digitally signed by
AND:
LAKSHMINARAYANA
MURTHY RAJASHRI
Location: HIGH
1. STATE BY NANDINI LAYOUT POLICE STATION
COURT OF NANDINI LAYOUT, BENGALURU - 560 096.
KARNATAKA
REP. BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENGALURU - 560 001.
2. SRI RANGAIAH
S/O. LATE THIMMAIAH
AGED ABOUT 60 YEARS
RESIDING AT No. 106
35TH MAIN ROAD, 6TH CROSS
RAVI LAYOUT, JAI MARUTHINAGAR
NANDINI LAYOUT
BENGALURU - 560 096.
...RESPONDENTS
(BY SRI RANGASWAMY R, HCGP FOR R1
R2 IS SERVED AND UNREPRESENTED)
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NC: 2024:KHC:29185
CRL.A No. 1093 of 2024
THIS CRL.A. IS FILED UNDER SECTION 14(A)(2) OF SC/ST
(POA) ACT, 2015 PRAYING TO SET ASIDE THE IMPUGNED ORDER
DATED 15.05.2024 PASSED IN CRL.MISC.No.3913/2024, ON THE
FILE OF HON'BLE ADDITIONAL CITY CIVIL AND SESSIONS JUDGE
AND SPECIAL JUDGE, AT BENGALURU (CCH-31) AND
CONSEQUENTLY ENLARGE THE APPELLANT ON BAIL IN
CR.No.139/2024 REGISTERED BY THE 1ST RESPONDENT - POLICE
FOR THE OFFENCE PUNISHABLE UNDER SECTION 324, 504 AND
506 OF IPC R/W SECTION 3(1)(s) OF SC/ST (POA) ACT, 1989 AND
ETC.,
THIS APPEAL COMING ON FOR ORDERS THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR)
1. This appeal is filed by the sole accused praying to set aside the order dated 15.05.2024 passed in Crl.Misc. No. 3913/2024 by the LXX Additional City Civil and Sessions Judge and Special Judge, Bengaluru where under the bail petition of the appellant - accused sought in respect of crime No. 139/2024 of Nandini Layout Police Station registered for offence under Sections 504, 506, 324 of IPC and Sections 3(1)(r) and 3(1)(s) of Schedule Castes and Scheduled Tribes -3- NC: 2024:KHC:29185 CRL.A No. 1093 of 2024 (Prevention of Atrocities) Act (hereinafter referred to as the SC ST (POA) Act) came to be rejected.
2. Heard learned counsel for appellant - accused and learned HCGP for respondent No. 1 - State. Inspite of service of notice, respondent No. 2 remained absent and unrepresented.
3. Case of the prosecution is that there were quarrels between the appellant - accused and respondent No. 2 with regard to drawing of water from the Corporation tap with the help of a motor and on 21.04.2024 at about 02.00 pm, the appellant - accused assaulted respondent No. 2 with a hammer on his head and caused injury and abused him by taking the name of his caste. This appellant - accused came to be arrested on 21.04.2024 and he is in judicial custody. The appellant - accused filed a petition under Section 439 of Cr.P.C. and the same came to be rejected by the impugned order which is challenged in this appeal.
4. The bail petition of the appellant - accused came to be rejected as charge-sheet was not filed. Now the learned counsel for appellant submits that charge-sheet has been filed -4- NC: 2024:KHC:29185 CRL.A No. 1093 of 2024 and case is registered in Spl.C.C. No. 1077/2024. Charge- sheet has been filed against this appellant - accused for offence under Sections 324, 504 and 506 of IPC and Sections 3(1)(r) and 3(1)(s) of the SC ST (POA) Act. The offences alleged against the appellant - accused are not punishable with either death or imprisonment for life. The wound certificate will indicate that respondent No. 2 had sustained simple injuries. As charge-sheet has been filed the appellant - accused is not required for custodial interrogation. Therefore, the appellant - accused has made out grounds for setting aside the impugned order and grant of bail.
5. In the result the following O R D ER The appeal is allowed. The impugned order dated 15.05.2024 passed in Crl.Misc. No. 3913/2024 by the LXX Additional City Civil and Sessions Judge and Special Judge, Bengaluru is set aside. The appellant - accused is granted bail in crime No. 139/2024 of Nandini Layout Police Station subject to the following conditions:
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NC: 2024:KHC:29185 CRL.A No. 1093 of 2024 i. The appellant - accused shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the trial Court. ii. The appellant - accused shall not tamper the prosecution witnesses.
iii. The appellant - accused shall not threaten the complainant and other prosecution witnesses. iv. The appellant - accused shall appear before the trial Court on all dates of hearing unless exempted and cooperate in speedy disposal of the case. v. The appellant - accused shall not commit any similar offence till disposal of the case registered against him.
Sd/-
(SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 22