Syed Isak vs State Of Karnataka
2023 Latest Caselaw 2343 Kant

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                                               CRL.A No. 1254 of 2022




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 21ST DAY OF APRIL, 2023

                                      BEFORE
                    THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
                         CRIMINAL APPEAL NO. 1254 OF 2022
             BETWEEN:

             1.   SYED ISAK
                  S/O SYED IBRAHIM
                  AGE 21 YEARS
                  OCC LABOURER
                  R/O ASHRAYA BADAVANE
                  SHIKARIPURA TOWN
                  DIST: SHIVAMOGGA -577 427
                                                        ...APPELLANT
             (BY SRI. SANDESH P. NADIGER, ADVOCATE)

             AND:

Digitally    1.   STATE OF KARNATAKA
signed by         THORUGH SHIKARIPURA TOWN POLICE STATION
LAKSHMI T         REP BY SPP HIGH COURT
Location:         BENGALURU -560001
High Court
of           2.   SHRI. JANARDHAN
Karnataka
                  S/O LATE GOPI
                  AGE 22 YEARS,
                  OCC KEB CONTRACT EMPLOYEE
                  R/O ASHRAYA BADAVANE SHIKARIPURA TOWN
                  DIST: SHIVAMOGGA -577 427
                                                    ...RESPONDENTS
             (BY SRI. K. NAGESWARAPPA, HCGP FOR R1
             R2- SERVED)
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                                         CRL.A No. 1254 of 2022




     CRL.A. FILED U/S.14(A)(2) OF SC/ST (POA) ACT CR.P.C
FILED BY THE ADVOCATE FOR THE APPELLANT PRAYING
THAT THIS HONORABLE COURT MAY BE PLEASED TO
ALLOW THE APPEAL AND SET ASIDE THE ORDER DATED
15.06.2021   PASSED    BY   THE     LEARNED     II   ADDITIONAL
DISTRICT     AND   SESSIONS        JUDGE,    SHIVAMOGGA      IN
SPL.C.NO.406/2021 BY GRANTING REGULAR BAIL TO THE
APPELLANT     IN   CR.NO.1/2021     OF    SHIKARIPURA    TOWN
POLICE STATION FOR THE OFFENCE P/U/S.302, 504 R/W
SEC.34 OF IPC AND SEC.3(1)(r), 3(1)(s) AND 3(2)(v) OF SC/ST
(POA) ACT AND ETC.,

     THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,

THE COURT DELIVERED THE FOLLOWING:


                        JUDGMENT

The appellant/accused No.1 feeling aggrieved by the

rejection of his petition filed under Section 439 of Cr.P.C.

by the II Additional District and Sessions Court at

Shivamogga in Special Case No.406/2021 has preferred

this appeal under Section 14(A)(2) of the SC/ST (POA)

Act, 1989.

CRL.A No. 1254 of 2022

2. Charge sheet is filed by Shikaripura Town Police

Station in connection with Crime No.1/2021 against the

appellant and another for offences punishable under

Sections 302, 504 read with Section 34 of IPC and Section

3(1)(r), 3(1)(s) and 3(2)(v) of SC/ST (POA), Amendment

Act 2015.

3. Accused Nos.1 and 2 are alleged to have picked

up quarrel with the deceased by name Manoj on

01.01.2021 at about 12.30 a.m., and abused him in filthy

language referring to his caste and the present appellant

stabbed him near his chest by means of a knife and

committed his murder.

4. The learned counsel for the appellant has

contended that the evidence of alleged eye witnesses has

been recorded by the Trail Court and the admission given

in the cross-examination by them show that they have not

seen the alleged incident. Therefore, they cannot be

termed as eye witnesses. He submits that accused No.2

has been already enlarged on bail by this Court and the

CRL.A No. 1254 of 2022

appellant is languishing in judicial custody from

02.01.2021 and therefore, by imposing any condition,

seeks to enlarge him on bail.

5. The Learned HCGP has apposed the prayer and

sought to dismiss the appeal.

6. As per prosecution, the appellant/Accused No.1

herein has stabbed the deceased on his chest, while

Accused No.2 held him tightly.

7. CWs.1 to 4 are the eye witnesses. Their

statements clearly disclose that the appellant herein has

stabbed the deceased with a knife and caused injuries to

him, consequent to which he succumbed to the injuries. As

per PM report, death is due to hemorrhagic shock caused

by the injuries.

8. The trial is in progress. CWs.1 to 4 have been

examined as PWs.1 to 4. The veracity of their cross

examination conducted by the defence cannot be gone into

CRL.A No. 1254 of 2022

at this stage when the trial is in progress. If any

observations are made, that may prejudice the trial of the

case. In so far as accused No.2 is concerned, the

allegation against him is that he was holding the deceased

and therefore considering the overt act attributed against

the said accused, he was enlarged on bail by this Court in

Crl.A.1648/2021 dated 22.03.2022. There is a prima-facie

case made out against the appellant. Considering the

nature and gravity of the offence committed by him, this is

not a fit case to enlarge the appellant-accused on bail.

Hence, the following:

ORDER

The appeal is dismissed.

Sd/-

JUDGE

MS*