Karnataka High Court

Raghu vs The State Of Karnataka on 8 June, 2022

Bench: Mohammad Nawaz

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 8TH DAY OF JUNE, 2022

                         BEFORE

       THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

          CRIMINAL APPEAL NO.1770 OF 2021

BETWEEN

RAGHU,
S/O. JAANAMAD SHETTY,
AGED ABOUT 25 YEARS,
R/AT ANNURUKERE VILLAGE,
GUNDLUPET TALUK,
CHAMARAJANAGARA DISTRICT-571 313.             ... APPELLANT

[BY SRI. VEERABHADRASWAMY H.P., ADVOCATE]

AND

1.    THE STATE OF KARNATAKA
      BY BEGURU POLICE STATION,
      GUNDLUPET TALUK,
      CHAMARAJANAGAR DISTRICT,
      REPT. BY STATE PUBLIC PROSECUTOR,
      HIGH COURT OF KARNATAKA,
      BANGALORE-560 001.

2.    JAYANNA,
      S/O. PUTTAMADAIAH,
      AGED ABOUT 46 YEARS,
      DEO, MSIL, BEGURU,
      HEGGAVADI VILLAGE, BENDARAVADI POST,
      CHAMARAJANAGARA TALUK
      AND DISRTICT-571 313.              ... RESPONDENTS

[BY SRI. R.D. RENUKARADHYA, HCGP., FOR R.1/STATE;
      R.2 IS SERVED, UNREPRESENTED]

                           ***
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      THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14(A)(2)
OF SC/ST (POA) ACT, PRAYING TO RELEASE THE PETITIONER ON
BAIL IN SPL.C.NO.275/2019 (CR.NO.131/2019) FOR THE OFFENCE
P/U/S 302, 201, 114, 120(b) R/W SECTION 34 OF IPC AND
SECTION 3(2)(v)(va) OF SC/ST (POA) ACT, 1989, THE COMPLAINT
FILED BY THE RESPONDENT BEGURU POLICE GUNDLUPET TALUK,
PENDING BEFORE THE HON'BLE PRINCIPAL DISTRICT AND
SESSIONS JUDGE AT CHAMARAJANAGAR BY ALLOWING THIS BAIL
PETITION.

     THIS CRIMINAL APPEAL COMING ON FOR ADMISSION,
THROUGH VIDEO CONFERENCE/PHYSICAL HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:


                       JUDGMENT

This appeal is preferred with a prayer to enlarge

the appellant/accused No.1 on bail in connection with a

case registered in Crime No.131/2019 of Begur Police

Station, now pending on the file of Principal District and

Sessions Judge, Chamarajanagar for offences punishable

under Sections 302, 201, 114, 120B read with 34 of IPC

and Section 3(2)(v)(va) of SC/ST (POA) Act, 1989.

2. The petition filed by accused No.1 under

Section 439 of Cr.P.C., has been rejected by the learned

Sessions Court vide order dated 10.11.2021.

3. Heard the learned counsel for appellant and

learned High Court Government Pleader for respondent

No.1/State.

4. Respondent No.2 has been served but there is

no representation.

5. Brief facts of the prosecution case are that

deceased Rangaswamy belongs to Scheduled Caste.

There was an illicit relationship between the deceased

and accused No.3, who belongs to Uppara Caste. Hence,

accused No.1, a friend of accused No.3 had warned the

deceased not to talk to accused No.3. Since accused

No.1 and accused No.3 were close to each other,

deceased had threatened them. Further, the deceased

had warned accused No.3 not to participate in the Miss

Chamarajanagar beauty competition and he had

threatened her saying that he will pour petrol and set fire

to her if she participates in the said competition.

Accused No.3 had informed accused No.1 about the said

threat given by the deceased. Further on 7.08.2019, the

deceased came near the office of accused No.3 and told

her that he will be going on a tour on 09.08.2019 and

therefore, on 08.08.2019 she should accompany him or

else he will forward her nude pictures to her family

members through whatsapp. The same was informed by

accused No.3 to accused No.1. In this background both

the accused conspired to do away with the life of the

deceased.

6. On 08.08.2019 at about 5.45 p.m., the

deceased as well as accused No.3 went in a car bearing

Registration No.KA-09-P-4399 and while they were

sitting and chatting in the said car near an Engineering

College, on Chamarajnagar-Mysore Main Road, as

already planned, accused No.1 along with his friend

accused No.2 came in a bike bearing registration No.KA-

10-Q -6618 to the spot where the deceased and accused

No.3 were present. Accused No.1 assaulted the

deceased on his head with a helmet and both accused

Nos.1 and 2 dragged him to the drainage and at the

instigation of accused No.3, they strangulated him as

well as kicked on his private part and committed his

murder. Thereafter, accused Nos.1 and 2 shifted the

dead body in the same car and purchased petrol and

match box. Then they poured petrol and burnt the car

along with the dead body.

7. Initially a case was registered against

unknown persons on a complaint lodged by one Jayanna

who noticed the burning car at about 10.00 p.m., on

08.08.2019, while he was returning to his village, on a

road leading to Nitre Village. In the course of

investigation accused Nos.1 to 3 came to be arrested.

Charge sheet was filed on completion of investigation for

offences punishable under Sections 302, 201, 114, 120B

read with 34 of IPC and Section 3(2)(v)(va) of SC/ST

(POA) Act, 1989.

8. There are no eye witnesses to the incident in

question. The entire case is based on circumstantial

evidence. The prosecution is mainly relying on

circumstances such as motive, recovery of helmet and

bike from accused Nos.1 and 2, the statements of

purchasing petrol from a petrol bunk and match box

from a shop, the cause of death and motive.

9. Learned High Court Government Pleader has

contended that CW.13 has given his statement about

accused Nos.1 and 2 purchasing petrol from the petrol

bunk on 08.08.2019 and CW.9 has stated about the said

accused purchasing a match box from his shop on that

night. He has also contended that there was a strong

motive for accused No.1 i.e., the present appellant to

commit the murder since the deceased was pestering

accused No.3. Hence, both of them conspired together to

commit his murder. He has contended that a helmet and

bike have been recovered at the instance of accused

Nos.1 and 2. He further contends that this appellant has

assaulted the deceased on his head with a helmet and in

view of the cause of death mentioned in the Post Mortem

Report, the appellant is not entitled for any relief.

10. As already mentioned there are no eye

witnesses to the incident in question and therefore, the

case of the prosecution that it was this accused who

assaulted the deceased with a helmet on his head is not

substantiated by any material at this stage, except the

voluntary statement of the accused. According to the

Post Mortem Report the cause of death is due to

'respiratory and circulatory failure due to pressure over

neck structures'.

11. The learned counsel for appellant has pointed

out that the helmet was recovered not at the instance of

accused No.1 but it was given by accused No.2 as per

the recovery mahazar dated 12.08.2019. Insofar as the

accused persons purchasing the petrol and match box

are concerned, the statements of CWs.13 and 9 have to

be tested during trial.

12. The learned counsel for the appellant has

produced the copy of the orders granting bail in respect

of accused Nos.2 and 3 by this Court. He submits that

accused No.2 is similarly placed as accused No.1 and he

has been enlarged on bail by this Court and therefore,

even on the ground of parity the appellant is entitled for

bail.

13. This Court in Criminal Appeal No.1325/2020

vide order dated 03.09.2021 has enlarged accused No.2

on bail and further accused No.3 was granted bail in

Criminal Appeal No.168/2021 vide order dated

21.09.2021.

14. The appellant was arrested on 12.08.2019.

Now the investigation is completed and charge sheet has

been filed. Appellant is not required for any further

investigation. He has undertaken to abide by conditions.

15. In the above facts and circumstances,

appellant has made out sufficient ground to allow the

appeal. Accordingly, the following

ORDER

The appeal is allowed.

The order dated 10.11.2021 passed by the

Principal District and Sessions Judge,

Chamarajanagar, in Special Case No.275/2019 is set

aside.

The appellant/accused No.1 shall be enlarged

on bail in Special Case No.275/2019 pending on the

file of the Principal District and Sessions Judge,

Chamarajanagar (Crime No.131/2019) of Begur

Police Station, subject to following conditions:

i. Appellant shall execute a personal bond in a sum of `1,00,000/- (Rupees One Lakh only) with two sureties for like sum to the satisfaction of the trial Court.