Karnataka High Court
Shivamurthy @ Murthy vs Sate Of Karnataka on 3 December, 2021
Bench: Mohammad Nawaz
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF DECEMBER, 2021
BEFORE
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL APPEAL NO.1614 OF 2021
BETWEEN:
SHIVAMURTHY @ MURTHY
S/O. SHYAMANAIKA
AGED ABOUT 30 YEARS
R/O. MUDDENAHALLI
HONNAVALLI HOBLI-572 217. ... APPELLANT
(BY SRI. VIKYATH B., ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY HONNAVALLI P.S.
REP. BY S.P.P.
HIGH COURT BUILDING
BANGALORE-560 001.
2. PUNEETH NAIK
S/O. SHIVALINGAPPA
AGED ABOUT 19 YEARS
R/O. HALKURIKE VILLAGE
HONNAVALLI HOBLI
TIPTUR TALUK-572 217.
3. YOGEESH NAIK
S/O. LAKSHMANA NAIKA
AGED ABOUT 22 YEARS
2
R/O. HALKURIKE VILLAGE
HONNAVALLI HOBLI
TIPTUR TALUK-572 217. ... RESPONDENTS
(BY SMT. LEENA C. SHIVAPURMATH, HCGP FOR R.1;
R.2 AND R.3 ARE SERVED.)
***
THIS CRL.A. IS FILED UNDER SECTION 14(A)(2) OF
SC/ST(POA) ACT, PRAYING TO SET ASIDE THE ORDER DATED
29.09.2021 PASSED IN CRL.MISC.NO.1060/2021 ON THE FILE
OF III ADDITIONAL DISTRICT AND SESSIONS JUDGE,
TUMAKURU AND ENLARGE THE APPELLANT ON BIAL IN
CR.NO.45/2021 OF HONNAVALLI P.S., ON THE FILE OF III
ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMAKURU,
FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 143, 147,
148, 307, 323, 324, 326, 341, 504, 506 R/W 149 OF IPC AND
SECTIONS 3(1)(r), (s) AND 3(2)(va) OF THE SC/ST (POA) ACT.
THIS CRIMINAL APPEAL IS COMING ON FOR ADMISSION
THROUGH VIDEO CONFERENCE/PHYSICAL HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING;
JUDGMENT
Heard the learned counsel for appellant and learned
HCGP for respondent-State.
2. Learned HCGP submits that notice of the appeal
has been served on the complainant on 27.10.2021.
However, there is no representation.
3. This is an appeal filed under Section 14A(2) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocity) Amendment Act, 2015 [for short "SC and ST
(POA) Act"] praying to set aside the order dated
29.09.2021 passed by III Additional District and Sessions
Judge at Tumakuru in Crl.Misc.P.No. 1060/2021, rejecting
the application for bail filed under Section 439 of Cr.P.C.
4. Charge sheet has been filed against accused Nos.1
to 5 for offences punishable under Sections 143, 147, 148,
307, 323, 324, 326, 341, 504, 506 R/w 149 of IPC and
Section 3(1)(r)(s), 3(2)(v)(a) of the SC and ST [POA] Act.
The appellant is arraigned as accused No.3.
5. In brief, the case of the prosecution is that, on
account of previous enmity, on 11.05.2021 at about 8.00
p.m. while C.W.1 and Yogish Naika belonging to Scheduled
Caste, were proceeding along with C.Ws.2 and 3 near
Kallleshwara Swamy temple, Halkurike village, accused
Nos.1 to 5 having formed an unlawful assembly, picked up
quarrel with them and abused in filthy language, referring
to the caste of C.W.1 and accused No.1 assaulted him with
a repiece patti on his head two to three times and accused
No.2 also assaulted him with the same repiece patti on his
head and legs, accused No.3 assaulted with stone and
accused Nos.4 and 5 assaulted with hands etc.
6. The learned counsel for the appellant has
pointed out that as per history furnished by injured Yogish
Naika, he sustained injuries in a road traffic accident.
Therefore, contends that the entire allegations are false and
the appellant herein is falsely implicated.
7. The learned HCGP contends that apart from
injured Yogish Naika and Punith Naika, there are 3 more
eye witnesses namely C.Ws.2, 3 and 4 who speak about
incident. She contends that there is a prima-facie case
against the appellant. Therefore, seeks to reject the appeal.
8. The present appellant/accused No.3 came to be
arrested on 14.07.2021. A co-ordinate bench of this Court
in Crl.A.No.806/2021 has enlarged accused Nos.1, 2, 4 and
5. It is observed therein that in view of the discrepancy in
the wound certificate, prima facie material against the
appellant do not appear.
9. In the wound certificate of injured Yogish Naika,
history is mentioned as RTA by bike and 407 on 11.05.2021
at about 9.30 p.m near Halkurke Tank Bund. However, as
per the history furnished by injured Punith Naika he
sustained injuries by assault by one Manjunath and others.
The said Manjunath is arraigned as accused No.2. He has
been enlarged on bail. Further it is also not in dispute that
accused Nos.1, 4 and 5 are also enlarged on bail. Hence,
the appellant is also entitled for the relief he has sought on
the ground of parity. For the said reason, the impugned
order is liable to be set aside. Hence, the following;
ORDER
Appeal is allowed.
The order dated 29.09.2021 passed by III Additional
District and Sessions Judge at Tumakuru in
Crl.Misc.P.No.1060/2021 is hereby set aside.
The application filed by the appellant/accused No.3
under Section 439 of Cr.P.C is allowed. He is ordered to be
enlarged on bail in Crime No.45/2021 of Honnavalli Police
Station, subject to following conditions:
1) Appellant shall execute a personal bond for
a sum of Rs.1,00,000/- (Rupees One Lakh
Only) with two sureties for like sum to the
satisfaction of the trial Court.
2) He shall furnish proof of his residential
address and shall inform the Court if there
is change in address.
3) He shall not tamper with the
evidence/prosecution witnesses in any
manner.
4) He shall not involve in any criminal
activities.
5) He shall be regular in attending trial
proceeding.
If any of the above conditions are violated, he shall
not be entitled to the relief granted in this appeal.
Sd/-
JUDGE
BH
