Karnataka High Court

Sri. Sanketh. K vs State By Cubbonpark Police on 3 August, 2023

Bench: Shivashankar Amarannavar

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                                                        NC: 2023:KHC:27107
                                                         CRL.A No. 338 of 2023




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                              DATED THIS THE 3RD DAY OF AUGUST, 2023

                                               BEFORE
                      THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
                                  CRIMINAL APPEAL NO. 338 OF 2023
                      BETWEEN:

                            SRI SANKETH. K
                            S/O KRISHNAMURTHY
                            AGED ABOUT 30 YEARS
                            RESIDING AT No. 177
                            AGALAKURKI VILLAGE
                            AGALAKURKI POST
                            CHIKKABALLAPURA TALUK
                            CHIKKABALLAPURA DISTRICT.
                                                              ...APPELLANT

                      (BY SRI PRAVEEN HEGDE, ADVOCATE)

                      AND:

                      1.    STATE BY CUBBONPARK POLICE
                            KASTURBA ROAD, BANGALORE
Digitally signed by         REPRESENTED BY:
LAKSHMINARAYANA             THE OFFICE OF THE PUBLIC PROSECUTOR
MURTHY RAJASHRI
Location: HIGH              BANGALORE.
COURT OF
KARNATAKA
                      2.    SRI HANUMANTHARAJU
                            AGED ABOUT 51 YEARS
                            R/AT No.462, 4TH CROSS
                            HARINAGAR, 8TH MAIN ROAD
                            KOTHANUR MAIN RAOD
                            BANGALORE - 560 062.
                                                            ...RESPONDENTS

                      (BY SRI RENUKARADHYA R D, HCGP FOR R1
                       R2 - SERVED AND UNREPRESENTED)
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                                    NC: 2023:KHC:27107
                                        CRL.A No. 338 of 2023




     THIS CRL.A IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT
PRAYING TO SET ASIDE THE ORDER DATED 03.02.2023 OF
THE HONOURABLE LXX ADDL. CITY CIVIL AND SESSIONS
JUDGE AND SPECIAL JUDGE AT BANGALORE (CCH-71) IN
CRL.MISC.No.378/2023 FOR OFFENCE PUNISHABLE UNDER
SECTIONS 302, 201, 343, 364, 307, 504, 506 R/W SECTION
149 OF IPC, AND SECTIONS 3(2)(V), 3(1)(e) OF SC AND ST
PREVENTION OF ATROCITIES ACT 1989 BEFORE THE CUBBON
PARK POLICE STATION AND ETC.,

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

                        JUDGMENT

This appeal is filed by accused No. 8 praying to set

aside the order dated 03.02.2023 passed in Crl.Misc. No.

378/2023 by LXX Additional City Civil and Sessions Judge

and Special Judge, Bengaluru rejecting the bail petition

sought in respect of crime No. 138/2022 of Cubbon Park

Police station for the offence punishable under Sections

302, 201, 343, 364, 307, 504, 506 read with Section 149

of IPC and Sections 3(2)(v) and 3(1)(e) of the SC ST

(Prevention of Atrocities) Act, 1989.

2. Heard learned counsel for the appellant and

learned HCGP for respondent No. 1 - State. On service of

NC: 2023:KHC:27107 CRL.A No. 338 of 2023

notice respondent No. 2 remained absent and

unrepresented.

3. Gist of the prosecution case is that on 22.12.2022

the ACP of Cubbon Park Sub-Division received anonymous

complaint with pen-drive which was registered under

application No. Q1PS/PET/GNL-249/2002 who inturn

forwarded the said complaint to PI of Cubbon Park Police

Station to ascertain the truth of the complaint. Accordingly

the PSI of Cubbon Park Police Station collected information

and lodged complaint stating that deceased Sharath

Kumar was a resident of Konanakunte village and had

borrowed loan from various persons and did not repay the

same. Accordingly the persons who had given the loan to

the deceased Sharath Kumar entrusted the work of

recovery of loan to accused No. 3 who inturn entrusted the

recovery to accused Nos. 1, 2, 5 and 8. Accused Nos. 1, 2,

5 and 8 kidnapped the deceased Sharath Kumar in the car

belonging to accused No. 10 with the assistance of

accused Nos. 4 and 6 and he was wrongfully confined in

NC: 2023:KHC:27107 CRL.A No. 338 of 2023

the farm house belonging to accused No. 8 for 6 to 7 days

and during the said period he was brutally assaulted and

caused to death. Thereafter, the accused persons shifted

the dead body of the deceased in the car belonging to

accused No. 9 with the help of accused Nos. 4 and 7 and

threw the same in Charmadi Ghat with an intention to

cause disappearance of evidence.

4. Charge sheet came to be filed against 12 accused

persons for the offence punishable under Sections 343,

364, 307, 504, 506 read with Section 149 of IPC and

Sections 3(2)(v) and 3(1)(e) of the SC ST (Prevention of

Atrocities) Act, 1989. The appellant - accused No. 8 came

to be arrested on 27.12.2022 and he is in judicial custody.

The appellant - accused No. 8 filed Crl.Misc. No.378/2023

seeking bail and the same came to be rejected by the

impugned order. The appellant - accused No. 8 has

challenged the same in this appeal.

5. Learned counsel for appellant - accused No. 8

would contend that no overt act is alleged against the

NC: 2023:KHC:27107 CRL.A No. 338 of 2023

appellant - accused No. 8 in column No. 7 of the charge

sheet. What is alleged against this appellant - accused No.

8 is that he gave shelter to the other accused in the farm

house of his relative and facilitated them to commit the

murder of the deceased and he did not intimate the

commission of offence to anybody. He further submits that

the dead body of the deceased has not been traced and

case of the prosecution is based on circumstantial

evidence. Accused No. 3 who is similarly placed to that of

this appellant - accused No. 8 has been granted bail by

this Court in Crl.A. No. 1055/2023. He further submits that

nothing has been recovered at the instance of this

appellant - accused No. 8. As charge sheet has been filed,

appellant - accused No. 8 is not required for custodial

interrogation. With this he prayed to allow the appeal and

grant bail to appellant - accused No. 8.

6. Per contra, learned HCGP appearing for

respondent No. 1 - State would contend that this

appellant - accused No. 8 gave shelter to the other

NC: 2023:KHC:27107 CRL.A No. 338 of 2023

accused in the farm house of his relative and facilitated

them in commission of the offence. The appellant -

accused No. 8 did not intimate the commission of the

crime either to the Police or to any other person. Charge

sheet material show prima facie case against appellant -

accused No. 8 for the offence alleged against him. There is

recovery of Creta car at the instance of appellant -

accused No. 8. The offence alleged against this appellant -

accused No. 8 is heinous offence punishable with either

death or imprisonment for life. Considering all these

aspects learned Special Judge has rightly rejected the bail

petition and there are no grounds for setting aside the

impugned order and granting bail to the appellant -

accused No. 8. With this he prayed to dismiss the appeal.

7. Even though the deceased was missing, neither

his father nor any of his relatives filed any missing

complaint. Case came to be registered on receipt of

anonymous letter. There is no confirmation of death of

deceased Sharath Kumar since his dead body is not

NC: 2023:KHC:27107 CRL.A No. 338 of 2023

traced. The only accusation against this appellant -

accused No. 8 is that he gave shelter to the other accused

in the farm house of his relative wherein the alleged

offence has taken place. There is no overt act alleged

against this appellant - accused No. 8 of assaulting or

killing the deceased. Case of the prosecution is based on

circumstantial evidence. Therefore, guilt of the accused

has to be proved by establishing each of the

circumstances. As charge sheet is filed, the appellant -

accused No. 8 is not required for custodial interrogation.

Without considering all these aspects the Special Judge

has passed the impugned order which requires

interference of this Court.

In the result, the following;

ORDER Appeal is allowed. The impugned order dated

03.02.2023 passed in Crl.Misc. No. 378/2023 by LXX

Additional City Civil and Sessions Judge and Special Judge,

Bengaluru is set aside. The bail petition of the appellant -

accused No. 8 in Crl.Misc. No. 378/2023 stands allowed.

NC: 2023:KHC:27107 CRL.A No. 338 of 2023

The appellant - accused No. 8 is ordered to be released on

bail in crime No. 138/2022 of Cubbon Park Police Station

subject to the following conditions:

I. Appellant - accused No. 8 shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the jurisdictional Court.