Omkaramurthy H M vs Honnavalli P S And Other
2021 Latest Caselaw 3537 Kant

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 27TH DAY OF OCTOBER, 2021

                         BEFORE

 THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR

         CRIMINAL APPEAL No.806 OF 2021


BETWEEN

1.   Omkaramurthy H.M.,
     S/o Madivalaiah,
     Aged about 37 yers,
     R/at No.401, Halkurike Village,
     Honnavalli Hobli, Tiptur Taluk,
     Tumkur District-572217.

2.   Manja @ Manjunath,
     S/o Madivalaiah,
     Aged about 27 years,
     R/at No.401, Halkurike Village,
     Honnavalli Hobli, Tiptur Taluk,
     Tumkur District-572217.

3.   Sathisha,
     S/o Gangadhara Nayaka,
     Aged about 41 years,
     R/at Halkurike Village,
     Honnavalli Hobli, Tiptur Taluk,
     Tumkur District-572217.

4.   Chandra @ Chandrashekhar,
     S/o Gangadharaiah,
     Aged about 32 years,
     R/at Halkurike Village,
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      Honnavalli Hobli, Tiptur Taluk,
      Tumkur District-572217.
                                             ...Appellants
(By Sri T.M.Manjunath, Advocate)

AND

1.    The State of Karnataka
      Represented by Honnavalli Police Station,
      Tumakuru-572217.
      Represented by
      State Public Prosecutor,
      High Court of Karnataka,
      Bengaluru-560001.

2.    Punith Naik,
      S/o Shivalingappa,
      Aged about 18 years,
      R/at Halkurike Village,
      Honnavalli Hobli, Tiptur Taluk,
      Tumkur District-572217.

3.    Yogish Naik,
      Residing at Halkurike Village,
      Honnavalli Hobli, Tiptur Taluk,
      Tumkur District-572217.
                                           ...Respondents
(By Sri K.S.Abhijith, HCGP for R1;
    Smt. H.P.Anuja, Advocate for R2 and R3)

      This Criminal Appeal is filed under Section 14(A)
SC/ST (POA) Act, praying to set aside the order dated
09.06.2021 passed by the Hon'ble Additional District and
Sessions      Judge     (FTSC-1)       Tumakuru        in
Crl.Misc.No.543/2021 and Grant bail to the appellant
(accused persons) in Cr.No.45/2021 of Registered by
Honnavalli Police, Tumakuru District, for the offences
punishable under Section 143, 147, 148, 307, 324, 341,
504, 506 read with 149 of IPC and Section 3(1)(r),
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3(1)(s), 3(2)(va) of SC/ST (POA) Act which is pending on
the file of Additional District and Sessions Judge (FTSC-1),
Tumakuru.

      This Criminal Appeal coming on for admission this
day, the Court delivered the following:

                       JUDGMENT

Heard the learned counsel for the appellants.

Ms. H.P.Anuja, learned counsel for respondent 2 and 3

prays for time saying that her senior is not in town.

Since the appellants are said to be in custody for quite

a long time, request of Ms. Anuja for adjournment is

rejected. Heard the Government Pleader.

2. This is an appeal filed under Section 14(A) of

Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities) Act, 2015. The appellants being the

accused 1 to 4 in Cr.No.45/2021 have preferred this

appeal challenging the order dated 9.6.2021 passed

by the III Addl. District and Sessions Judge, Tumakuru

in Crl.Misc.543/2021 rejecting the application for bail

under Section 439 Cr.P.C.

3. In relation to the incident said to have taken

place on 11.5.2021 at 8.00 p.m., FIR came to be

registered against the appellants and other accused.

The 2nd respondent lodged the FIR alleging that there

existed enmity between Yogish Naik and

Omkaramurthy H.M, i.e., the 1st appellant herein. The

elders in the village interfered and settled the dispute.

On 11.5.2021, at about 8.00 p.m., the 2nd respondent,

Yogish Naik, Jaya Naik and Ravi were going towards a

temple. At that time, all the appellants and other

accused came to that place, picked up quarrel with

Yogish Naik, abused him in the name of caste and in

the background of previous enmity, they all assaulted

him causing bleeding injuries. It is stated that the 1st

appellant gave a blow to Yogish Naik with machete

and the 2nd appellant with a repiece. Then another

accused viz., Murthy wrapped some stones in a towel

and assaulted Yogish Naik with those stones.

Appellants 3 and 4 also assaulted Yogish Naik with

stones. Yogish Naik suffered serious injuries. When

he was taken to hospital at Tiptur, the doctors there

opined that Yogish Naik should be shifted to Nimhans,

Bengaluru. Then he was brought to Nimhans,

Bengaluru. Based on this information, the police

registered FIR for the offence punishable under

Sections 143, 147, 148, 307, 324, 341, 504, 506 r/w

149 IPC and Section 3(1)(r), 3(1)(s), 3(2)(va) of

Scheduled Castes and Schedule Tribes (Prevention of

Atrocities) Act, 2015.

4. Having heard the learned counsel for the

appellants, it appears that appellants 3 and 4 belong

to Scheduled Tribe and therefore registration of FIR

for the offences punishable under the provisions of

Scheduled Castes and Schedule Tribes (Prevention of

Atrocities) Act, 2015 does not appear to be proper.

So far as the other offences under IPC are concerned,

the learned counsel for the appellants submits that a

road traffic accident has been converted into a crime.

In this regard, he refers to the wound certificate of

Yogish Naik where it is mentioned that on 11.5.2021,

Yogish Naik suffered several injuries on account of a

road traffic accident. He was examined at a hospital

at about 9.45 p.m. It is also mentioned that the

accident took place at about 9.30 p.m. at Halkurike

Tank Bund. Though the Government Pleader submits

that the would certificate of another injured viz.,

Punith Naik contains the history of assault in relation

to the incident that took place on 11.5.2021 at

Halkurike tank, it is to be stated that in view of clear

history mentioned in the wound certificate of Yogish

Naik about the road traffic accident, the contents of

the FIR needs to be doubted. In view of this

discrepancy in the would certificates, prima facie

materials against the appellants do not appear.

Added to this, the trial court has already acquitted

accused no.4 and 5. Since in the FIR, it is stated that

all the accused were present at the time of incident

and that they all attacked Yogish Naik at a time, the

appellants are entitled to be released on bail on the

ground of parity. For these reasons, it is to be stated

that the order passed by the trial court in

Crl.Misc.No.543/2021 cannot be sustained. The

application for bail needs to be allowed. Hence the

following:

ORDER

Appeal is allowed. The order dated 9.6.2021 in

Crl.Misc.No.543/2021 is set aside. The application

under Section 439 Cr.P.C. made by the appellants is

allowed. They are all admitted to bail on each of them

executing a bond for a sum of Rs.1,00,000/- and

providing two sureties for the likesum to the

satisfaction of the trial court. He is subjected to the

following conditions:

a. They shall not tamper with the evidence and threaten the witnesses.

b. They shall regularly appear before the trial court till conclusion of the trial.

c. They shall not get involved in any criminal case.

            d. They      shall        mark         their
              attendance in the respondent
              police     station      once    in     15
              days,      on       a    Sunday         in
              between        9.00     AM     and     12
              noon, till conclusion of trial.




                                     Sd/-
                                    JUDGE

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