Karnataka High Court
Byrijayraj vs State Of Karnataka on 18 January, 2022
Bench: K.S.Mudagal
CRL.A.No.1086/2021
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF JANUARY 2022
BEFORE
THE HON'BLE MRS. JUSTICE K.S.MUDAGAL
CRIMINAL APPEAL NO.1086/2021
BETWEEN:
BYRIJAYRAJ
S/O ASHRAYYA
AGED ABOUT 23 YEARS
R/AT BENS CIRCLE, BEHIND TRAIN SHED
NALANDA SCHOOL ROAD
PITINGALPETE, VIJAYWADA
KRISHNA DISTRICT
ANDRAPRADESH - 560 012 ... APPELLANT
(BY SRI SUNIL KUMAR S., ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY D.J.HALLI POLICE STATION
(REP. BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENGALURU - 01)
2. SMT.KRISHNAVENI
W/O ANAND
AGED ABOUT 39 YEARS
R/AT NO.147, NEAR DODDAMMA TEMPLE
SHAMPURA, D.J.HALLI
BENGALURU - 45 ... RESPONDENTS
(BY SRI.SHANKAR H.S., HCGP FOR R1;
VIDE ORDER DATED 18.01.2022
NOTICE TO R2 IS HELD SUFFICIENT)
CRL.A.No.1086/2021
2
THIS CRIMINAL APPEAL IS FILED UNDER SECTION
14A(2) OF SC/ST (POA) ACT PRAYING TO SET ASIDE THE
ORDER DATED 30.06.2021 IN CRL.MISC.NO.4944/2021 AND
RELEASE HIM ON REGULAR BAIL IN CR.NO.75/2020 OF
DEVARAJEEVANAHALLI POLICE STATION FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 302, 201, 120(B) R/W 34 OF
IPC AND SECTION 3(2)(v)(va) OF SC/ST (POA) ACT, WHICH IS
NOW PENDING ON THE FILE OF THE HON'BLE 70TH ADDITIONAL
CITY CIVIL AND SESSIONS JUDGE AT BENGALURU IN SPL.
CASE NO.692/2020.
THIS CRIMINAL APPEAL COMING ON FOR ORDERS THIS
DAY, THE COURT THROUGH VIDEO CONFERENCE DELIVERED
THE FOLLOWING:
JUDGMENT
Heard.
2. Aggrieved by the rejection of his application
for bail, accused No.2 in Cr.No.75/2020 of
Devarajeevanahalli Police Station, which is now pending in
Spl.C.No.692/2020 on the file of LXX Additional City Civil
and Sessions Judge & Special Judge (CCH-71), Bengaluru,
has preferred the above appeal.
3. The appellant and accused Nos.1 and 3 are
facing trial in the said case for the offences punishable
under Sections 302, 201 120(b) r/w 34 of IPC and Section
3(2)(v)(va) of SC/ST (POA) Act, 1989 on the basis of the
CRL.A.No.1086/2021
charges filed by the respondent Police in Crime
No.75/2020.
4. The deceased Vinod belonged to Scheduled
Caste. Vinod and accused No.3 were married about 12
years back and have three daughters. On 26.02.2020 at
9.00 a.m. near BBMP Park Road, Muniveerappa Layout,
Shampura, Bengaluru he was assaulted on his neck with a
sickle and was murdered. C.W.2 informed C.W.1 about
the incident and he was the eyewitness to the incident.
C.W.1 filed the complaint.
5. Prosecution's case is as follows:
Accused Nos.1 and 3 were having illicit relationship
and they together had eloped to Andhra Pradesh twice.
On the complaint of the deceased, accused No.3 was
brought back. In that background accused Nos.1 and 3
decided to eliminate Vinod and they hired the
appellant(accused No.2) to kill Vinod. In execution of such
conspiracy of accused Nos.1 to 3, on 26.02.2020 at 9.00
a.m., the appellant boarded the auto-rickshaw of deceased
CRL.A.No.1086/2021
Vinod in the disguise of a passenger and when the auto-
rickshaw proceeded near BBMP Park road, the appellant
assaulted the victim with a sickle and committed his
murder.
6. The appellant and accused No.1 were arrested
on 29.02.2020. On the basis of the voluntary statement of
accused No.1, this appellant is implicated in the case. The
allegations of conspiring to commit murder was against
accused Nos.1 and 3. Soon after commission of murder,
accused No.1 picked up the appellant on his motor bike
and harbored him.
7. CW2 is the solitary eyewitness. The appellant
was stranger to C.W.2. No test identification parade is
conducted. Even in his further statement dated
07.05.2020, the I.O. did not get the appellant identified by
C.W.2.
8. The other circumstances prosecution relies is
recovery of sickle and vehicle used in the commission of
CRL.A.No.1086/2021
the offences etc. That was a joint recovery from accused
Nos.1 and 2.
9. This Court in Crl.A.No.865/2021 and
Crl.P.No.791/2021 has granted bail to accused Nos.1 and
3. Appellant has no other criminal antecedents. Under
such circumstances it is not just and reasonable to subject
the appellant to pretrial conviction and sentence. The trial
Court failed to consider all these aspects. Therefore, the
appeal is allowed.
The impugned order is hereby set aside. The
appellant is granted bail in Cr.No.75/2020 of
Devarajeevanahalli Police Station, which is now pending in
Spl.C.No.692/2020 on the file of LXX Additional City Civil
and Sessions Judge & Special Judge (CCH-71), Bengaluru,
subject to following conditions:
(i) The appellant shall execute a personal bond
in a sum of Rs.50,000/- and furnish two
sureties, one of whom shall be a local
surety in the likesum to the satisfaction of
CRL.A.No.1086/2021
the trial Court for his appearance before the
Court whenever required.
(ii) The appellant shall appear before the Trial
Court as and when required.
(iii) The appellant shall not tamper the
prosecution witnesses.
(iv) The appellant shall mark his attendance
before I.O. on first Sunday of every month
till trial is concluded.
Sd/-
JUDGE
pgg
