Karnataka High Court
Umesha. N vs State Of Karnataka on 16 August, 2023
Bench: Shivashankar Amarannavar
-1-
NC: 2023:KHC:28955
CRL.A No. 1242 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL NO. 1242 OF 2023
BETWEEN:
1. UMESHA. N.,
S/O NAGENDRAPPA,
AGED ABOUT 41 YEARS,
POLICE OFFICIAL,
R/O. 7th ABC CROSS,
VENKATAPURA,
BENGALURU CITY - 560 034.
2. RIZWAN AHMED @ RIZWAN,
S/O SRI. NAZEERSAB,
AGED ABOUT 25 YEARS,
PROFESSION: DRIVER,
R/O. BHOGI VILLAGE,
Digitally signed by
SHIKARIPURA TALUK,
LAKSHMINARAYANA SHIVAMOGGA DISTRICT - 572 201.
MURTHY RAJASHRI
Location: HIGH ...APPELLANTS
COURT OF
KARNATAKA
(BY SMT. ASMA KOUSER, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
BY SHIRALAKOPPA POLICE STATION,
SHIVAMOGGA,
REPRESENTED BY SPP,
HIGH COURT BUILDING ANNEXE,
BENGALURU - 560 001.
-2-
NC: 2023:KHC:28955
CRL.A No. 1242 of 2023
2. SMT. SAVITA,
W/O LATE NAGENDRAPPA,
AGED ABOUT 35 YEARS,
HOME MAKER,
R/O BHOGI VILLAGE,
SHIKARIPURA TALUK,
SHIVAMOGGA DISTRICT - 572 201.
...RESPONDENTS
(BY SRI. RANGASWAMY R, HCGP AND
SRI. RAHUL RAI K, HCGP FOR R1;
R2 PRESENT PHYSICALLY BEFORE THE COURT)
***
THIS CRL.A. IS FILED U/S.14(A) (2) OF SC/ST (POA)
ACT, 2015 PRAYING TO SET ASIDE THE ORDER PASSED IN
SPL.C.NO.94/2023 PASSED BY THE HONBLE II ADDITIONAL
DISTRICT AND SESSION JUDGE, SHIVAMOGGA AND ENLARGE
THE APPELLANT ON REGULAR BAIL IN SPL.C.NO.94/2023 FOR
THE ALLEGED OFFENCE P/U/S.307, 302, 201, 120-B R/W
SEC.149 OF IPC AND SEC.3(2)(v) OF SC/ST (POA) ACT 2015
WHICH IS PENDING ON THE FILE OF THE HON'BLE II
ADDITIONAL DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA
REGISTERED BY SHIRALAKOPPA P.S.,
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
-3-
NC: 2023:KHC:28955
CRL.A No. 1242 of 2023
JUDGMENT
This appeal is filed by the appellants / accused No.2 and
3 praying to set aside the order dated 18.05.2023 passed by
the II Addl. District and Sessions Judge, Shivamogga, in Spl.
Case No.94/2023, wherein the bail application of the appellants
/ accused No.2 and 3 and accused Nos. 1, 4, and 5 in respect
of Crime No.256/2022 of Shiralakoppa Police Station for the
offences punishable under Sections 302, 307, 201, 120(B) read
with 149 of the Indian Penal Code and Section 3(2)(v) of
Scheduled Caste and Scheduled Tribe (Prevention of Atrocities)
Act, 1989, came to be rejected.
2. Heard the learned counsel for appellants and
learned High Court Government Pleader for Respondent No.1 -
State. Respondent No.2 appeared in person and submitted
that she has no objection for granting bail to the appellants /
accused No.2 and 3.
3. The facts of prosecution case are that :
One Sri Manjunath S Kuri, Police Sub-Inspector of
Shiralakoppa Police Station filed a complaint and based on the
said complaint a case came to be registered in Cr. No.256/2022
NC: 2023:KHC:28955
CRL.A No. 1242 of 2023
of Shiralakoppa Police Station for the offences punishable under
Sections 302, 307, 201, 120(B) read with 149 of the IPC and
Section 3(2)(v) of SC and ST (Prevention of Atrocities) Act,
1989. After investigation charge sheet came to be filed against
the accused Nos.1 to 5 for the offences punishable under
section 307, 302, 201, 120(B) read with 149 of the Indian
Penal Code and section 3(2)(V) of SC/ST (POA) Act 1989.
4. As per accusation in Col. No.17 of the charge sheet
the deceased Nagendrappa and accused Nos.1 and 2 are
belonging to Bovi Community coming under Scheduled Caste.
The accused Nos.1 and 2, who were sons of deceased
Nagendrappa had grudge against deceased Nagendrappa as he
did not gave property to them and he married to second wife
and executed gift deed in her favour. There was galata in that
regard on 26.07.2022. Thereafter, accused Nos.1 and 2
conspired with accused Nos.3 to 5 to kill the deceased
Nagendrappa. In that regard on 08.11.2022 accused No.4 in
Tata Intra Goods Vehicle bearing Registration No.KA-31 A-3025
belonging to his son-in-law and accused Nos.4 and 5, went in
that vehicle and dashed to the bike of Nagendrappa from back
side at about 8 am when he was proceeding to attend the
NC: 2023:KHC:28955
CRL.A No. 1242 of 2023
Court. It is further case of the prosecution that when the
deceased Nagendrappa did not die in the said accident, again
on 29.11.2022 they came to know that deceased Nagendrappa
was going to the Court, as informed by the accused No.1.
Accused No.3 took Goods Vehicle of his friend Muktiyar Ahmad
bearing Registration No. KA-25 D-4245 Ashok Layland Goods
Vehicle to Shiralakoppa. At about 11.30am, Accused Nos. 1, 3,
4 and 5, near Shikaripura APMC, conspired to kill the deceased
Nagendrappa and in turn, accused No.1 promised them to give
a sum of Rs.5,00,000/-. Thereafter, accused Nos.4 and 5 took
some pesticide tablets thrown by some person and made
mixture of it with water in a bottle and confirmed the arrival of
deceased through accused No.3. After deceased Nagendrappa
came to Shikaripura, accused Nos.3, 4 and 5 in the said Goods
Vehicle went from Punedahalli towards Kuskoor at about 1.15
pm and at about 2.00 pm they stopped the vehicle near a
Temple and at that time they had taken deceased Nagendrappa
in there Vehicle and made the deceased to drink the said
mixture and when he raised his hand to avoid, they pressed his
mouth and made him to suffocate and committed his murder.
They put the dead body of deceased Nagendrappa in a charandi
NC: 2023:KHC:28955
CRL.A No. 1242 of 2023
situated by the side of the road and they also threw the articles
with them in different places.
5. The appellants - accused Nos.2 and 3, who were in
judicial custody along with the other accused, filed application
seeking bail in Spl. Case No.94/2023 and the same came to be
rejected by the order dated 18.05.2023, which is challenged in
this appeal.
6. The learned counsel for appellants would contend
that the appellants - accused Nos.2 and 3 have filed a civil suit
in O.S. No.142/2022 seeking partition in the property against
deceased Nagendrappa and which is pending before the Court
of Senior Civil Judge, Bhadravati and he is serving as Head
Constable in KSRP at Bangalore and he attended his duty on
the alleged date of incident. It is her further submission that
there is no allegation of participation of these appellants -
accused Nos.2 and 3 in the commission of the murder of
deceased Nagendrappa. Except the conspiracy, the presence of
appellant No.1 - accused No.2 is not shown in the charge sheet
on the date of incident. Even though the presence of appellant
No.2 - accused No.3 is stated, but no overt act is alleged
NC: 2023:KHC:28955
CRL.A No. 1242 of 2023
against him and the overt acts alleged against accused Nos.4
and 5. The allegation against appellant No.1 - accused No.2 is
that he made available the goods vehicle belonging to his
friend, which is used for commission of the offences. Learned
Counsel for appellants further submits that appellant No.1 -
accused No.2 is suffering from heart decease and stent has
been inserted. She further submits that appellant No.2 -
accused No.3 is having wife and children to look after. She
contends that without considering all these aspect, learned
Session Judge has passed the impugned order, which requires
interference by this Court. With this, she prays to allow the
appeal and grant bail to appellants.
7. Per contra, learned HCGP contend that appellant
No.1 - accused No.2 is having motive to commit the murder of
the deceased, who is his father, who did not give any share to
him. The appellant No.2 - accused No.3 has furnished the
vehicle to accused Nos.4 and 5 and he was with them at the
time of commission of offence. The case of the prosecution is
based on circumstantial evidence. The charge sheet material
show prima facie case against the appellants and other
accused. The Special Court has rightly rejected bail application
NC: 2023:KHC:28955
CRL.A No. 1242 of 2023
which does not call for interference by this Court. With this, he
prayed to dismiss the appeal.
8. Respondent No.2 appeared in person and submits
that she has objection for grant of bail to the appellants. She
has further stated that she is the second wife of deceased
Nagendrappa and appellant No.1 - accused No.2 is son of
deceased Nagendrappa through his first wife.
9. On perusal of the charge sheet material except
conspiracy no other allegation are levelled against appellant
No.1 - accused No.2. The appellant No.1 - accused No.2 was
not present in the spot on the date of alleged incident. The
appellant No.1 - accused No.2 had filed a suit against deceased
in O.S.No.142/2022 seeking partition and it is pending on the
file of the Senior Civil Judge, Bhadravati.
10. The appellant No.2 - accused No.3 even though
stated to be present on the date of incident with accused Nos.4
and 5, but no overt acts is alleged against him, except
furnishing goods vehicle belonging to his friend to accused
Nos.4 and 5 and intimating the movement of the deceased to
them. The case of the prosecution is based on circumstantial
NC: 2023:KHC:28955
CRL.A No. 1242 of 2023
evidence. The prosecution has to establish each and other
circumstances to prove its case. Without considering these
aspects the learned Sessions Judge passed impugned order,
which requires interference by this court.
11. In the result, the following:
ORDERS
(1) The appeal is allowed.;
(2) The impugned order dated 18.05.2023 passed
by the II Addl. District and Sessions Judge,
Shivamogga, in Spl. Case No.94/2023, is set
aside in so far as appellants - accused Nos.2
and 3 are concerned.;
(3) The appellants - accused Nos.2 and 3 are
granted bail in Cr. No.256/2022 of Shiralakoppa
Police Station, subject to the following
conditions;
- 10 -
NC: 2023:KHC:28955
CRL.A No. 1242 of 2023
(i) The appellants - accused nos.2 and 3
shall execute a personal bond for a sum
of Rs.1,00,000/- with one surety for the
likesum to the satisfaction of
Jurisdictional Court.;
(ii) The appellants - accused nos.2 and 3
shall not indulge in tampering the
prosecution witnesses.;
(iii) The appellants - accused nos.2 and 3
shall attend the Court on all the dates
of hearing unless exempted by the
Court and co-operate for the speedy
disposal of the case.
Sd/-
JUDGE
VK
CT:STK
