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Karnataka High Court
Mr. Naren Kumar.D @ John Mathew vs State Of Karnataka on 7 May, 2024
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NC: 2024:KHC:17071
CRL.A No. 755 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF MAY, 2024
BEFORE
THE HON'BLE MR JUSTICE VENKATESH NAIK T
CRIMINAL APPEAL NO.755 OF 2024
BETWEEN:
MR. NAREN KUMAR D. @ JOHN MATHEW
S/O DEVARAJ
AGED ABOUT 23 YEARS
R/AT 9TH CROSS, VIJAYANAGAR
BEMAL, KGF TOWN
KOLAR-563 113
(NOW IN JUDICIAL CUSTODY
DISTRICT PRISON, CHIKKABALLAPURA)
...APPELLANT
(BY SRI HASHMATH PASHA, SENIOR COUNSEL FOR
MOHAMMED MUBARAK, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY CHINTAMANI TOWN POLICE STATION
CHINTAMANI-563 125
Digitally signed by
MOUNESHWARAPPA (REPRESENTED BY LEARNED
NAGARATHNA
Location: HIGH STATE PUBLIC PROSECUTOR)
COURT OF
KARNATAKA HIGH COURT OF KARNATAKA
BENGALURU-560 001.
2. MR. MURALI
S/O TIPPANNA
AGED ABOUT 46 YEARS
MUNICIPAL COUNSELLOR
R/AT AGRAHARA
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NC: 2024:KHC:17071
CRL.A No. 755 of 2024
CHINTAMANI TOWN
CHIKKABALLAPURA DISTRICT-563 125.
...RESPONDENTS
(BY SMT: SOUMYA R. HCGP FOR RESPONDENT NO.1 STATE
SRI : PRASAD B. , ADV., FOR RESPONDENT NO.2)
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THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14(A)(2)
OF SC/ST POA ACT PRAYING TO SET ASIDE THE ORDER DATED
05.02.2024 PASSED IN SPL.S.C.NO.145/2023 WHICH IS PENDING
ON THE FILE OF THE HONBLE I ADDITIONAL DISTRICT AND
SESSIONS JUDGE, CHIKKABALLAPURA FOR THE OFFENCES P/U/S
307 R/W 34 OF IPC AND SEC.3(1)(r)(s) AND 3(2)(v) OF SC/ST (POA)
AMENDMENT ACT 2015 WHICH IS ARISING OUT OF CR.NO.194/2023
OF CHINTHAMANI TOWN P.S., CHINTAMANI AND CONSEQUENTLY
RELEASE HIM ON BAIL.
THIS CRIMINAL APPEAL IS COMING ON FOR FINAL HEARING,
THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by appellant/accused No.1 under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 [for short, 'SC/ST (POA) Act'] praying to set aside the order dated 05.02.2024 passed in Spl.S.C.No.145/2023 by the I Additional District and Sessions Judge, Chikkaballapura, for the offences punishable under Section 307 read with Section 34 of the Indian Penal Code, 1860, (for short, 'IPC') and under Sections 3(1)(r), 3(1)(s) and 3(2)(v) of -3- NC: 2024:KHC:17071 CRL.A No. 755 of 2024 the SC/ST (POA) Act which is arising out of Crime No.194/2023 of Chintamani Town Police Station, Chintamani, whereby the application filed by the appellant/accused No.1 seeking bail has been rejected.
3. Heard Sri Hasmath Pasha, learned Senior Counsel along with Sri. Mohammed Mubarak, learned counsel for the appellant, Smt. Soumya R., learned High Court Government Pleader for respondent No.1 and Sri Prasad B., learned counsel for respondent No.2- complainant and perused the material available on record.
4. The brief facts of the prosecution case are that, on 14.10.2023 at 00:30 a.m., the Sub-Inspector of Police- II of Chintamani Town Police Station, Chintamani, lodged a complaint alleging that on 13.10.2023 at 6:15 p.m., while he along with CHC-177 were on patrolling duty, they received a call from an unknown person, wherein he informed that near Veerabhadreshwara Bakery, Gajanana Circle, M.G. Road, Chintamani, the victim Murali, Municipal Councillor of Chintamani City, has been assaulted by some -4- NC: 2024:KHC:17071 CRL.A No. 755 of 2024 unknown persons with weapons on his head, hands and caused bleeding injuries and he was shifted to the Government hospital, Chintamani, for treatment. Hence, he and CHC-177 came to the hospital and saw the injured Murali, a member of City Municipality, who was brought by Thirumalappa. Thus, he enquired Thirumalappa and came to know that about three to four persons attempted to commit the murder of Murali. Hence, he lodged a suo moto complaint, which led to registration of F.I.R. and investigation.
5. During the course of investigation, the Sub- Inspector of Police recorded the statement of the victim- CW-2 on 15.10.2023, wherein, the victim disclosed the names of the accused persons. Hence, the Investigating Officer arrested accused Nos.1 to 4 and in turn, they were remanded to judicial custody. The appellant/accused No.1 filed application for seeking bail before the trial Court and the same was rejected on 05.02.2024. Hence, the appellant is before this Court.
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NC: 2024:KHC:17071 CRL.A No. 755 of 2024
6. Learned Senior Counsel appearing for the appellant/accused No.1 has contended that as per the case of the prosecution, the victim was assaulted by accused Nos.1 to 3 and accused No.4 abetted the commission of offence. Now, the investigation is completed and the Investigating Officer has filed the charge-sheet to the Court. The alleged offences are not punishable with death or imprisonment for life. It is submitted that the injured-victim has already been discharged from the hospital. The appellant hails from respectable family and he has permanent abodes in the locality. He is ready to abide by the conditions to be imposed by this Court. Accused Nos.2 to 4 are already on bail. Hence, on the ground of parity, accused No.1 is also entitled for bail, thus, prayed to allow the appeal.
7. Per contra, learned HCGP appearing for respondent-State contended that the appellant is involved in heinous offence punishable under Section 307 IPC and -6- NC: 2024:KHC:17071 CRL.A No. 755 of 2024 he has participated in the crime and assaulted the victim with chopper and knife on the vital organs i.e., on head, hands, shoulder and knee of the victim. He further submitted that as per the CDR report, the actual participation of accused Nos.1 to 3 is clearly visible which is on the instigation of accused No.4. If the appellant/accused No.1 is enlarged on bail, there is likelihood of tampering the prosecution case and hampering the trial. Hence, he prayed to reject the bail application filed by the appellant/accused No.1.
8. Learned counsel appearing for respondent No.2 complainant submitted that there is sufficient material to show the involvement of the appellant in the case. There are various criminal cases pending against the appellant and accused No.1 has attacked on CW-2 Murali. Hence, there is sufficient material against the appellant to attract section 307 IPC.
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NC: 2024:KHC:17071 CRL.A No. 755 of 2024
9. Considering the rival contentions urged by learned counsel for the parties, the following point arises for consideration of this Court:-
"Whether the appellant/accused No.1 is entitled for regular bail under section 439 Cr.P.C.?
10. From the perusal of the material available on record, it appears that on account of previous enmity between accused No.4 and the victim, on 13.10.2023 at about 6.15 p.m., near Veerabhadreshwara Bakery, accused Nos.1 to 3 alleged to have assaulted CW-2 victim on his head, hands, knee and shoulder with knife and chopper and thereby attempted to commit his murder. Now, CW-2 injured has been discharged from the hospital. From the perusal of the order passed by this Court in Crl.A.No.347/2024 c/w Crl.A.No.272/2024, this Court granted bail in favour of accused Nos.2 and 3. The allegations made against accused Nos.2 and 3 are similar -8- NC: 2024:KHC:17071 CRL.A No. 755 of 2024 against accused No.1. Therefore, on the ground of parity, accused No.1 is also entitled for bail.
11. At this stage, the Court cannot conduct mini trial and only prima-facie case has to be seen. Since the investigation is completed and Investigating Officer has filed the charge sheet and the victim is discharged from the hospital, hence, accused No.1 is entitled for bail, considering the nature of offences and circumstances in which the offences is committed, likelihood of fleeing away from justice, of repeating same offences by the appellant, of tampering with the witnesses, character, antecedents of the appellant is concerned. Further, the law is well settled that while disposing off a bail petition, the Court need not hold mini trial. Keeping all these aspects, this Court has gone through the entire material placed on record and it appears that, prima-facie, there are no reasonable and sufficient grounds to believe, at this stage, that the appellant is guilty of the offences alleged. Hence, the Court proceeds to pass the following:-
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NC: 2024:KHC:17071 CRL.A No. 755 of 2024 ORDER Criminal appeal is allowed.
The appellant/accused No1 is ordered to be released on bail in Spl.S.C.No.145/2023(Crime No.194/2023) registered for the offence punishable under Section 307 read with Section 34 of the Indian Penal Code, 1860, pending on the file of the I Additional District and Sessions Judge, Chikkaballapura, subject to the following conditions:
i. The appellant/accused No.1 shall execute a personal bond in a sum of Rs.2,00,000/- (Rupees two lakh only) with two sureties for the likesum to the satisfaction of the trial Court;
ii. The appellant/accused No.1 shall not tamper with the prosecution witnesses directly or indirectly;
iii. The appellant shall not commit similar offences;
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NC: 2024:KHC:17071 CRL.A No. 755 of 2024 iv. The appellant shall appear before the trial Court on all dates of hearing without fail, and v. The appellant shall not leave the jurisdiction of the trial Court without its prior permission.
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JUDGE MN List No.: 1 Sl No.: 1