Karnataka High Court
Sandeep @ Sandeep Kumar vs State Of Karnataka on 27 January, 2022
Bench: K.S.Mudagal
CRL.A.No.1924/2021
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF JANUARY 2022
BEFORE
THE HON'BLE MRS. JUSTICE K.S.MUDAGAL
CRIMINAL APPEAL NO.1924/2021
BETWEEN:
SANDEEP @ SANDEEP KUMAR
S/O MUDLAGIRIYAPPA
AGED ABOUT 38 YEARS
RESIDING AT NO.86, 4TH CROSS
NEAR K.G.NAGAR POLICE STATION
RAMAKRISHNA MUTT LAYOUT
K.G.NAGAR, BANGALORE SOUTH - 560019
NOW RESIDING AT GUTTAHALLI,
BANGALORE ... APPELLANT
(BY SRI.M.S.RAJENDRA PRASAD, SENIOR COUNSEL FOR
SMT.NAZIMA TASNEEM, ADV.)
AND:
1. STATE OF KARNATAKA
BY TUMKUR TOWN POLICE
TUMKUR - 572 101
2. NARASIMHAMURTHY K
S/O LATE KARIYANNA
AGED ABOUT 52 YEARS
EDITOR OF 'TUMAKURU SIMHA'
RESIDING AT ACHAR STREET
BEHIND AANE MATHA
CHICKPETE, TUMKUR - 572 101 ... RESPONDENTS
(BY SRI.SHANKAR H S, HCGP FOR R1;
CRL.A.No.1924/2021
2
VIDE ORDER DATED 27.01.2022 SERVICE OF NOTICE
ON R2 IS HELD SUFFICIENT)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14(A)
(2) OF SC/ST (POA) ACT, PRAYING TO SET ASIDE THE ORDER
06.02.2021 IN CRL.MISC. NO.97/2021 ON THE FILE OF THE III
ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMAKURU
DISTRICT AND GRANT REGULAR BAIL IN SPL.CASE
NO.184/2021 ON THE FILE OF THE III ADDITIONAL DISTRICT
AND SESSIONS COURT, TUMAKURU DISTRICT.
THIS CRIMINAL APPEAL COMING ON FOR ORDERS THIS
DAY, THE COURT THROUGH VIDEO CONFERENCE DELIVERED
THE FOLLOWING:
JUDGMENT
Aggrieved by the rejection of his bail application,
accused No.1 in Crime No.93/2020 of Tumkur Town
Police Station has preferred the above appeal.
2. The appellant and five others are charge
sheeted in Crime No.93/2020 of Tumkur Town Police
Station for the offences punishable under Sections
143, 147, 148, 307, 120B read with Section 149 IPC
and Section 3(2)(v-a) of Scheduled Caste and
Scheduled Tribes (Prevention of Attrocities) Act, 1989
on the basis of complaint of CW.1 Narasimha murthy.
CRL.A.No.1924/2021
3. CW.1- a journalist belongs to Scheduled
Caste. It is alleged that being enraged by the article
published by him in his news paper against accused
No.6, he along with accused No.2 conspired to commit
his murder. It is alleged that in execution of such
conspiracy he hired accused No.1-appellant, accused
Nos.3, 4 and 5 to kill CW.1. On 25.06.2020 at 6.00
p.m. at Achar Street of Chickpet, Tumkur, the
appellant and accused Nos.2 to 5 assaulted CW.1. It
is alleged that appellant assaulted CW.1 with chopper
and caused grievous injuries on his left arm and both
legs.
4. The trial Court has rejected the bail petition
of the appellant on the ground that the accused has
assaulted on vital part of the body and there is
recovery of part of the supari money from the
appellant.
CRL.A.No.1924/2021
5. The other ground is that he is involved in
Crime No.46/2010 of Chennammanakere Acchukattu
Police Station and Crime No.19/2013 of Bengaluru
Kempegowda Police Station. Accused Nos.2 to 5 are
granted bail by the trial Court. Accused No.6 is said
to be the master mind of the crime. This Court in
Crl.P.No.5914/2020 has granted bail to him on
30.11.2020.
6. The appellant was a stranger to CW.1.
According to the prosecution, at the time of
commission of the offence, assailants had covered
their faces with masks. No Test Identification Parade
is conducted. The circumstance of recovery of money
has to be proved at trial.
7. So far as the involvement of the appellant
in other cases, his conviction in any earlier case is not
established. As per the prosecution itself he was on
CRL.A.No.1924/2021
bail in those two cases. The investigation is already
completed. Except for trial, the detention of the
appellant is not required for any other purpose. The
appellant is in judicial custody since 19.10.2020.
8. Under the circumstances, it is a fit case to
grant bail. The trial Court without noticing the
aforesaid circumstances has subjected the appellant to
pretrial sentence which is not justifiable. Therefore the
appeal is allowed.
The impugned order is hereby set aside. The
appellant is granted bail in Crime No.93/2020 of
Tumkur Police Station which is now pending in Spl.
Case No.184/2021 on the file of the District and
Sessions Judge, Tumkur subject to the following
conditions:
(i) The appellant shall execute personal bond
in a sum of Rs.50,000/-(Rupees Fifty
Thousand only) with two sureties in the like
sum to the satisfaction of the trial Court;
CRL.A.No.1924/2021
(ii) He shall appear before the Court as and
when required for trial;
(iii) He shall not tamper the prosecution witnesses
in any manner.
Sd/-
JUDGE
Akc
