Karnataka High Court

Sri. Nandheesh M K vs The State Of Karnataka on 18 August, 2023

Bench: Shivashankar Amarannavar

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                                                             NC: 2023:KHC:29307
                                                         CRL.A No. 1109 of 2023




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                              DATED THIS THE 18TH DAY OF AUGUST, 2023

                                               BEFORE
                      THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
                                 CRIMINAL APPEAL No. 1109 OF 2023
                      BETWEEN:

                            SRI NANDHEESH M K
                            S/O LATE KRISHNA
                            AGED 36 YEARS
                            MADAPATNA VILLAGE
                            KUSHALNAGAR HOBLI
                            KUSHALNAGAR TALUK
                            KODAGU DISTRICT - 571 234.
                                                                ...APPELLANT

                      (BY SRI B RAVINDRA, ADVOCATE)

                      AND:

                      1.    THE STATE OF KARNATAKA
Digitally signed by         BY KUSHALNAGAR TOWN POLICE STATION
LAKSHMINARAYANA             REPRESENTED BY SPP
MURTHY RAJASHRI
Location: HIGH              HIGH COURT BUILDING
COURT OF
KARNATAKA                   BENGALURU - 560 001.

                      2.    SURESH
                            S/O ANNAJI
                            AGED 39 YEARS
                            C/O MADAPATTNA VILLAGE
                            KUSHALNAGAR HOBLI
                            KUSHALNAGAR TALUK
                            KODAGU DISTRICT - 571 234.
                                                               ...RESPONDENTS

                      (BY SRI M DIVAKAR MADDUR, HCGP FOR R1
                       R2-SERVED AND UNREPRESENTED)
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                                         NC: 2023:KHC:29307
                                     CRL.A No. 1109 of 2023




      THIS CRL.A. IS FILED U/S.14(A) (2) OF SC/ST (POA)
ACT, 2015 PRAYING TO SET ASIDE THE ORDER DATED
15.12.2022 IN CRL.MISC.No.359/2022 PASSED BY THE
HON'BLE 1ST ADDITIONAL DISTRICT AND SESSIONS JUDGE,
KODAGU AT MADIKERI U/S.439 OF CRPC FOR THE OFFENCE
PUNISHABLE UNDER SECTIONS 307, 324, 326, 506 OF IPC
AND SECTIONS 3(1)(r), 3(1)(s), 3(2)(v) OF SC/ST (POA) ACT
AND ENLARGE THE APPELLANT ON BAIL U/S.439 OF CRPC FOR
PUNISHABLE UNDER SECTIONS 307, 324, 326, 506 OF IPC
AND SECTIONS 3(1)(r),3(1)(s), 3(2)(v) OF SC/ST (POA) ACT
OF KUSHALNAGAR POLICE STATION, PENDING ON THE FILE OF
1ST ADDITIONAL DISTRICT AND SESSIONS JUDGE, KODAGU AT
MADIKERI IN SPECIAL CASE No.91/2022 AND ETC.,

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

                          JUDGMENT

1. This appeal is filed by the sole accused praying to

set-aside the order dated 15.12.2022 passed in

Crl.Misc.No.359/2022 by the I Additional District and

Sessions Judge, Kodagu, Madikeri whereunder, the bail

petition filed under Section 439 of Cr.P.C by the appellant

- accused in respect of Crime No.52/2022 of Kushalnagar

Town Police Station registered for the offences punishable

under Sections 307, 324, 326 and 506 of the Indian Penal

Code, 1860 (for short hereinafter referred to as "IPC"),

Sections 3(1)(r), 3(1)(s) and 3(2)(v) of the Scheduled

NC: 2023:KHC:29307 CRL.A No. 1109 of 2023

Castes and the Scheduled Tribes (Prevention of Atrocities)

Act, 1989 (for short hereinafter referred to as "the Act"),

came to be rejected.

2. Heard learned counsel for the appellant - accused

and learned High Court Government Pleader for

respondent No.1 - State.

3. Respondent No.2 inspite of service of notice

remained absent and unrepresented.

4. It is the case of the prosecution that, on 11.10.2022

at about 12.30 pm., Sri.Annaji (injured) (CW2) along with

CWs.3 and 4 were cleaning the husk and at that time,

appellant - accused came and picked up quarrel with

Sri.Annaji and abused him in filthy language taking his

caste name and assaulted him with the sickle on his head

and near left ear. Due to that, the left ear was cut and

bone of the jaw was broken, thereby the appellant -

accused caused simple and grievous injuries. The

appellant has also threatened CW2. On the basis of the

NC: 2023:KHC:29307 CRL.A No. 1109 of 2023

complaint filed by the son of CW2 namely, Sri.Suresha,

a case came to be registered.

5. After investigation, charge sheet has been filed

against the appellant - accused for the offences

punishable under Sections 307, 324, 326 and 506 of IPC

and Sections 3(1)(r), 3(1)(s) and 3(2)(v) of the Act and

now, the case is pending in Special Case No.91/2022, on

the file of I Additional District and Sessions Judge,

Kodagu, Madikeri. The appellant came to be arrested on

12.10.2022 and he is in judicial custody. The appellant

filed Crl.Misc.No.359/2022 seeking bail and the same

came to be rejected by the impugned order, which is

challenged in this appeal.

6. Learned counsel for the appellant - accused would

contend that there is a dispute with regard to passing of

drainage water between the complainant's family and the

family of the accused. The injured has been discharged

from the hospital on 13.10.2022 and as per the wound

certificate, he has sustained two simple and two grievous

NC: 2023:KHC:29307 CRL.A No. 1109 of 2023

injuries. On considering the said injuries, it cannot be said

that it attracts the offence under Section 307 of IPC. As

the charge sheet is filed, the appellant is not required for

custodial interrogation. With this, he prayed to allow the

appeal and grant anticipatory bail to the appellant -

accused.

7. Per contra, learned High Court Government Pleader

for respondent No.1 - State would contend that the blood

stained clothes of the appellant - accused and the sickle

has been seized at the instance of the appellant - accused

under the mahazar. CWs.10 to 12 are the eye witnesses to

the incident, who have stated the specific overt-acts of

this appellant - accused. The wound certificate reveal that

the injured - CW2 sustained two simple and two grievous

injuries. The charge sheet material show prima facie case

against the appellant - accused for the offences alleged

against him. One of the offence alleged against the

appellant - accused is punishable with death or

imprisonment for life. Considering these aspects, learned

NC: 2023:KHC:29307 CRL.A No. 1109 of 2023

Sessions Judge has rightly rejected the bail petition of the

appellant - accused. With this, he prayed to dismiss the

appeal.

8. Having heard learned counsel for the appellant -

accused and learned High Court Government Pleader for

respondent No.1 - State, this Court perused the charge

sheet material and the impugned order. The appellant -

accused has been arrested on 12.10.2022 and he is in

judicial custody. The wound certificate of the injured -

CW2 reveal that he has sustained two simple and two

grievous injuries. As CW2 injured has already been

discharged from the hospital, there is no danger to his life

with the injuries sustained by him. As the charge sheet is

filed, the appellant - accused is not required for custodial

interrogation. The apprehension of the prosecution that,

if the appellant - accused is granted bail, there is threat to

the complainant and other prosecution witnesses can be

met with, by imposing stringent conditions. Without

considering these aspects, the learned Sessions Judge

NC: 2023:KHC:29307 CRL.A No. 1109 of 2023

passed the impugned order which requires interference by

this Court. In the result, the following;

ORDER

The appeal is allowed. The impugned order dated

15.12.2022 passed in Crl.Misc.No.359/2022 by the

I Additional District and Sessions Judge, Kodagu, Madikeri

is set-aside. The bail application of the appellant -

accused filed under Section 439 of Cr.P.C is allowed. The

appellant - accused is ordered to be released on bail in

Crime No.52/2022 of Kushalnagar Town Police Station

pending in SPl.Case No.91/2022, subject to the following

conditions:

(i) The appellant - accused shall execute a personal bond for a sum of Rs.1,00,000/- (One lakh only) with one surety for the likesum to the satisfaction of the jurisdictional Court.