Karnataka High Court
Nagaraja vs The State Of Karnataka on 2 February, 2022
Bench: K.S.Mudagal
CRL.A.No.1871/2021
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF FEBRUARY 2022
BEFORE
THE HON'BLE MRS. JUSTICE K.S.MUDAGAL
CRIMINAL APPEAL NO.1871/2021
BETWEEN:
1. NAGARAJA
S/O KRISHNAPPA
AGED ABOUT 36 YEARS
R/AT JADIGENAHALLI VILLAGE
HOSKOTE TALUK
BENGALURU RURAL DISTRICT-562 114.
2. AMBARISH J K
S/O KRISHNAPPA
AGED ABOUT 38 YREARS
R/AT NO.95, JADIGENAHALLI VILLAGE
HOSKOTE TALUK
BENGALURU RURAL DISTRICT-562 114 ... APPELLANTS
(BY SRI PRATHAPA R, ADV.)
AND
1. THE STATE OF KARNATAKA
BY HOSKOTE POLICE STATION
REPRESENTED BY
STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING
BENGALURU-560 001.
2. RAJA @ MICHAL RAJA
S/O MUNIDASAPPA
AGED ABOUT 35 YEARS
R/AT JADIGENAHALLI VILLAGE
CRL.A.No.1871/2021
2
HOSKOTE TALUK
BENGALURU RURAL DISTRICT-562 114 ... RESPONDENTS
(BY SRI SHANKAR H S, HCGP FOR R1
R2 SERVED AND UNREPRESENTED)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION
14(A)(2) OF SC/ST (POA) ACT PRAYING TO GRANT THEM BAIL
IN CR.NO.307/2021 OF HOSAKOTE POLICE STATION, AND THE
ORDER DATED 13.12.2021 NOW PENDING ON THE FILE OF II
ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU
RURAL DISTRICT, BENGALURU FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 324, 504, 506 READ WITH
SECTION 34 OF IPC AND SECTIONS 3(1)(r)(s) OF SC/ST (POA)
ACT.
THIS CRIMINAL APPEAL COMING ON FOR ORDERS THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned High Court Government Pleader submits the
report of Investigating Officer regarding service of notice
on respondent No.2. Respondent No.2 served
unrepresented.
2. Heard.
3. Aggrieved by the rejection of their bail petition,
accused Nos.1 and 2 in Crime No.307/2021 of Hoskote
Police Station have preferred the above appeal.
CRL.A.No.1871/2021
4. Hoskote police have registered Crime
No.307/2021 against the appellants for the offences
punishable under Sections 324, 504, 506 read with section
34 of IPC and Sections 3(1)(r)(s) of Scheduled Castes and
Scheduled Tribes (PoA) Act on the basis of the complaint of
one Raja.
5. It is alleged that on 17.09.2021 at about
6.30 p.m. near Nanjundappa store/shop of Jadigenahalli
village, Hoskote Taluk appellant No.1 stamped the foot of
the complainant's mother. It is further alleged that when
the complainant questioned that, the appellants abused
him and his mother with reference to their castes and
assaulted both of them. It is alleged that appellant No.1
assaulted the complainant with stone and caused him
grievous injuries.
6. Appellants are arrested and are in judicial
custody since 02.12.2021. The trial Court by the impugned
order rejected their bail petition on the ground that the
CRL.A.No.1871/2021
case is still under investigation, if bail is granted the
appellants may flee from the justice.
7. The offence said to have been committed on
17.02.2021 at about 6.00 p.m. FIR said to have been
registered on 18.02.2021 at about 5.00 p.m. and the same
is delivered to the Court on 19.02.2021 at about 1.00 p.m.
8. As per the complaint and the wound certificate
themselves, the alleged assault was with stone by the first
appellant. The offences alleged against the appellants are
not exclusively punishable with death or imprisonment for
life. The investigation is already concluded.
9. There was no basis for the observation of the
trial Court that if bail is granted, appellants are likely to
flee from the justice. Even if so, such apprehension could
have been addressed imposing suitable conditions.
10. For the aforesaid reasons, the trial Court was
not justified in rejecting the bail application. Therefore the
appeal is allowed.
CRL.A.No.1871/2021
The impugned order of the trial Court is hereby set
aside. The appellants are granted bail in Crime
No.307/2021 of Hoskote Police Station subject to the
following conditions:
(i) The appellants shall execute personal bonds
in a sum of Rs.25,000/-(Rupees Twenty
Five Thousand only) with one surety each in
the like sum to the satisfaction of the trial
Court;
(ii) They shall appear before the Court as and
when required for trial;
(iii) They shall not tamper the prosecution
witnesses in any manner.
(iv) They shall not indulge in any criminal
activities.
Registry shall communicate the copy of the order
to the jurisdictional Court and prison.
SD/-
JUDGE
PKN
