Jabiulla Alias Jabi vs State Of Karnataka
2022 Latest Caselaw 2258 Kant

Citation : 2022 Latest Caselaw 2258 Kant
Judgement Date : 11 February, 2022

Karnataka High Court

Jabiulla Alias Jabi vs State Of Karnataka on 11 February, 2022

Bench: K.S.Mudagal

                                          CRL.A.No.171/2022


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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 11TH DAY OF FEBRUARY 2022

                        BEFORE

       THE HON'BLE MRS. JUSTICE K.S.MUDAGAL

           CRIMINAL APPEAL NO.171/2022
BETWEEN:

JABIULLA ALIAS JABI
S/O RAFIQ
AGED ABOUT 21 YEARS
RESIDENT OF NANNESABARA PALYA
BARAGENAHALLI, SOMPURA HOBLI
NELAMANGALA TALUK - 562 111
BENGALURU RURAL DISTRICT              ... APPELLANT

(BY SRI.NAGARAJ DAMODAR, ADV.)

AND:

1.     STATE OF KARNATAKA
       BY DABASPETE P.S.
       REP. BY SPP
       HIGH COURT OF KARNATAKA
       BENGALURU - 560 001

2.     HEMANTH
       AGED ABOUT 24 YEARS
       S/O LATE BASAVARAJU
       R/AT BARAGENAHALLI
       SOMPURA HOBLI
       NELAMANGALA TALUK - 562 111
       BENGALURU RURAL DISTRICT       ... RESPONDENTS

(BY SMT.RASHMI JADHAV, HCGP FOR R1;
    R2 SERVED)
                                                CRL.A.No.171/2022


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      THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14(A)
(2) OF SC/ST (POA) ACT READ WITH SECTION 439 OF THE
CR.P.C. PRAYING TO SET ASIDE THE ORDER DATED 11.01.2022
AND SPL.C.NO.902/2021 REGISTERED IN CRIME NO.133/2021
BY THE RESPONDENT POLICE FOR THE OFFENCE PUNISHABLE
UNDER SECTION 302 OF IPC READ WITH SECTION 3(2)(V) OF
SC/ST (POA) ACT, 1989 ON THE FILE OF THE II ADDITIONAL
DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL
DISTRICT, BENGALURU ENLARGE THE APPELLANT/ACCUSED ON
BAIL.

      THIS CRIMINAL APPEAL COMING ON FOR ADMISSION
THIS DAY, THE COURT DELIVERED THE FOLLOWING:

                        JUDGMENT

Aggrieved by the rejection of his application for grant

of bail, accused in Special Case No.902/2021 on the file of

II Additional District & Sessions Judge, Bengalurru Rural

District, Bengaluru has preferred the above appeal.

2. The appellant is facing trial in Spl. Case

No.902/2021 before the trial Court for the offences

punishable under Section 302 of IPC and Sections 3(2)(v)

of Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities) Act, 1989 ('the Act' for short) on the basis of

the chargesheet filed in Crime No.133/2021 of Dobbespet

police station.

CRL.A.No.171/2022

3. Victim Kempanna @ Kempa was found dead in

Gangaraj's Granite shop Sompura Village, Dobbespet,

Nelamangalala Taluk. The victim belongs to the Scheduled

Caste. Initially brother of Kempa filed complaint before

respondent No.1 police alleging that some unknown

persons have committed his murder, during the

intervening night on 12/13-10-2021 assaulting him with

some weapons and cement bricks.

4. FIR was registered for the offence punishable

under Section 302 of IPC against unknown persons. After

the investigation respondent No.1 police have

chargesheeted the appellant for the offence punishable

under Section 302 of IPC and Section 3(2)(v) of the Act.

5. The case of the prosecution is as follows:

That on 12.10.2021 during night the victim,

appellant and CWs.15 to 18 consumed alcohol at the scene

of the offence. After CWs.15 to 18 left the place, the

quarrel ensued between appellant and victim for he CRL.A.No.171/2022

supplying liquor to CW.25 and being close to her. During

that quarrel the victim assaulted the appellant who in turn

assaulted him and caused his death.

6. There are no direct witnesses to the incident.

The case is based on circumstantial evidence. The

circumstance is that CWs.15 to 17 found the appellant and

the victim together and thereafter victim was found dead

with homicidal injuries.

Even as per the chargesheet records the victim was

aggressive and in defence, the appellant assaulted him.

The appellant is aged hardly 21 years. Under the

circumstances the detention of the appellant by way of

pre-trial conviction and sentence is not justifiable.

Therefore the appeal is allowed.

The impugned order dated 11.01.2022 passed in

Special Case No. 902/2021 is set aside.

The appellant's bail application is allowed. He is

granted bail in Crime No. 133/2021 of Dobbespet police

station which is now pending in Spl. Case No.902/2021 on CRL.A.No.171/2022

the file of the II Additional District & Sessions Judge,

Bengaluru Rural District, Bengaluru subject to the

following conditions:

(i) The appellant shall execute personal bond in a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties in the like sum to the satisfaction of the trial Court;