Karnataka High Court
Manjunatha R vs State Of Karnataka on 3 February, 2022
Bench: K.S.Mudagal
Crl.A.No.1935/2021
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF FEBRUARY 2022
BEFORE
THE HON'BLE MRS JUSTICE K.S.MUDAGAL
CRIMINAL APPEAL No.1935/2021
BETWEEN:
1. MANJUNATHA.R.
S/O. GANGADHAR
AGED ABOUT 24 YEARS
R/AT NO.7, 2ND CROSS
NANDHEESHWARA LAYOUT
CHEEMAASANDRA
BIDARAHALLI HOBLI
BENGALURU-560 049
PERMANENT R/AT
HAROHALLI VILLAGE
KASABA HOBLI
MAGADI TALUK- 562 120
RAMANAGARA DISTRICT
2. MANOHARA.G.N.
S/O. LATE G.K.NARAYANASWAMY
AGED ABOUT 33 YEARS
R/AT GANAGALU VILLAGE
KASABA HOBLI
HOSAKOTE TALUK- 562 114
BENGALURU RURAL DISTRICT ...APPELLANTS
(BY SRI M.V.NAVEEN REDDY, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY NANDAGUDI POLICE STATION
HOSAKOTE TALUK- 562 122
BENGALURU RURAL DISTRICT
REP. BY STATE PUBLIC PROSECUTOR
Crl.A.No.1935/2021
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2. MANJUNATHA
S/O. LATE ANJINAPPA
AGED ABOUT 48 YEARS
R/AT NANDAGUDI TOWN
HOSAKOTE TALUK- 562 122
BENGALURU RURAL DISTRICT
3. ANAND
S/O. NAGARAJAPPA
AGED ABOUT 23 YEARS
R/AT NANDAGUDI TOWN
HOSAKOTE TALUK- 562 122
BENGALURU RURAL DISTRICT ...RESPONDENTS
(BY SRI SHANKAR.H.S.HCGP FOR R1;
SRI K.V.PRAKASH, ADVOCATE FOR R2;
R3 SERVED)
THIS CRIMINAL APPEAL IS FILED U/S.14(A)(2) OF
SCHEDULED CASTES AND THE SCHEDULED TRIBES
(PREVENTION OF ATROCITIES) ACT, 1989 PRAYING TO SET
ASIDE THE ORDER DATED 20.12.2021 PASSED BY THE II
ADDITIONAL DISTRICT & SESSIONS JUDGE, BENGALURU
RURAL DISTRICT, BENGALURU IN CRIME NO.179/2021
THIS CRIMINAL APPEAL COMING ON FOR ADMISSION
THIS DAY, THE COURT THROUGH VIDEO CONFERENCE
DELIVERED THE FOLLOWING:
JUDGMENT
Heard.
2. Aggrieved by the rejection of their bail
application, accused Nos.4 and 5 in Crime No.179/2021 of
Nandagudi police station have preferred the above
appeal.
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3. Nandagudi police registered Crime
No.179/2021 initially against Rohan, Madhu, Chandan
(Accused Nos.1 to 3) and three other unknown persons
for the offences punishable under Sections 504, 143, 147,
149, 148, 307 of IPC and Section 3(1)(r)(s) of the
Scheduled Caste and the Scheduled Tribes (Prevention of
Atrocities) Amendment Act, 2015 on the basis of the
complaint of Manjunatha brother of the victim.
4. The victim Anand and the complainant
belonged to the scheduled caste. On 26.11.2021 at 21.15
hours, Anand was found assaulted near Chinmaya Kabab
Centre of Nandagudi Town, Hoskote Taluk. It is alleged
that the victim questioned accused No.1 abusing him with
reference to his caste. Enraged by that, the accused
allegedly abused Anand in foul language with reference to
his caste and one of them assaulted him with beer bottle
on his head causing injuries.
5. As per the prosecution records, on learning
about the incident, the complainant shifted the victim to
nearest hospital. Thereafter he was taken to NVJ medical
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College Hospital. The appellants were arrested in the case
on the basis of the alleged CCTV clippings. According to
the prosecution, the appellants showed up with the
accused at the scene of offence in those CCTV clippings.
6. The trial Court rejected the bail application of
the appellants on the ground that there is prima-facie
case to show that they have committed the offences
alleged against them. In the first information report, at
the first instance, names of the appellants is not
forthcoming. Even in the victim's statement recorded by
the Investigating Officer, he has not mentioned the
names of appellants. The discharge summary indicates
that the victim himself was in inebriated condition. There
is no material of he identifying the appellants. The
appellants are in judicial custody since 06.12.2021.
7. In the light of the aforesaid facts and
circumstances, the trial Court was not justified in holding
that there is prima-facie material to show the
involvement of the appellants. Therefore, the appeal is
allowed.
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The appellants are granted bail in Crime
No.179/2021 of Nandagudi police station, subject to the
following conditions:
(i) Appellants shall execute personal bond in a
sum of Rs.25,000/- with two sureties in
the like sum to the satisfaction of the trial
Court.
(ii) Appellants shall appear before the Court as
and when required for the trial.
(iii) Appellants shall not tamper the
prosecution witnesses in any manner.
(iv) Appellants shall not indulge in any criminal
activities.
(v) Appellants shall mark their attendance
before the Investigating officer on first
Sunday of each month till completion of
the investigation.
Sd/-
JUDGE
KSR
