Karnataka High Court
Rakesh. M @ Gunda vs State Of Karnataka on 24 August, 2023
Bench: Shivashankar Amarannavar
-1-
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CRL.A No. 1269 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL NO. 1269 OF 2023
BETWEEN:
1. RAKESH M., @ GUNDA,
S/O LATE. MUNIKRISHNA,
AGED ABOUT 25 YEARS,
R/AT YELLAMMA TEMPLE ROAD,
NEAR WATER TANK,
AMRUTHAHALLI,
BANGALORE - 560 092.
2. BHASKAR,
S/O ASHWATHAPPA,
AGED ABOUT 23 YEARS,
R/AT NO.227, AMBEDKAR STREET,
BYTARAYANAPURA,
BANGALORE - 560 092.
...APPELLANTS
(BY SRI. SANMUKH REDDY, ADVOCATE FOR
SRI. CHETHAN KUMAR B. A., ADVOCATE)
Digitally signed by
LAKSHMINARAYANA AND:
MURTHY RAJASHRI
Location: HIGH
COURT OF
KARNATAKA
1. STATE OF KARNATAKA,
BY AMRUTHAHALLY P.S.,
REPRESENTED BY SPP,
HIGH COURT OF KARNATAKA,
BENGALURU - 560 001.
2. B.R. YUVA ABRAHAMLINKAN,
S/O B.R. MUNIRAJU,
AGED ABOUT 23 YEARS,
R/AT NO.36, 3RD CROSS,
-2-
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CRL.A No. 1269 of 2023
MUNIGURAPPA LAYOUT,
AMRUTHAHALLI - 560 092.
...RESPONDENTS
(BY SRI. RANGASWAMY R., HCGP FOR R1;
SRI. ASHWATH C. M., ADVOCATE FOR R2)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION
14(A)(2) OF SC/ST (POA) ACT, 2015 PRAYING TO SET ASIDE
THE ORDER DATED:13.06.2023 PASSED BY THE HON'BLE LXX
ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE
(CCH-71) GRANT BAIL TO THE APPELLANTS (ACCUSED NO.2
AND 3) IN CR.NO.105/2023 OF RESPONDENT AMRUTHAHALLY
POLICE, FOR OFFENCES P/U/S 323, 307, 504, 109 R/W 34 OF
ICP AND SEC. 3(1)(r)(s), 3(2)(v) OF SC-ST ACT 1989, WHICH
IS PENDING ON THE FILE OF HON'BLE LXX ADDL. CITY CIVIL
AND SESSIONS JUDGE AND SPECIAL JUDGE (CCH-71),
BENGLAURU AND ETC.,
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the appellants/accused Nos.2
and 3 praying to set-aside the order dated 13.06.2023
passed in Criminal Miscellaneous No.4828/2023 by LXX
Additional City Civil and Sessions Judge and Special Judge,
Bengaluru, where-under the bail petition of the appellants
sought in respect of Crime No. 105/2023 of Amruthahally
Police Station for the offences punishable under Sections
323, 307, 504, 506 and 109 read with section 34 of IPC
and Sections 3(1)(r)(s) and 3(2)(v) of Scheduled Castes
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CRL.A No. 1269 of 2023
and Scheduled Tribes ( Prevention of Atrocities) Act, 1989
(hereinafter referred to as 'SC/ST (PoA) Act' for short)
came to be rejected.
2. Heard the learned counsel for the appellants
and learned High Court Government Pleader for
respondent No.1 and learned counsel for respondent No.2.
3. The case of the prosecution is that the
complainant- respondent No.2 went to the shop of accused
No.4 for purchase of idol and there was exchange of words
between them with regard to quoting higher prices for the
idol. In that regard, accused No.4 made a phone call to
accused No.1 intimating him that complainant made galata
and asked him to finish the complainant. On the next day,
accused No.4 made a call to accused No.1 and made a
conference call to respondent No.2 and asked him to come
to Amruthahally Circle and when respondent No.2 went
there, accused Nos. 1 to 3 abused him and accused No.1
assaulted him near his left eye with hand and thereafter,
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try to assault him with knife near his right eye and he
escaped the said hit. He stated that accused No.3
assaulted him with club on his right thigh and caused
injury and accused No.2 assaulted him with hand on his
body and caused pain and thereafter, accused No.1
abused him by taking his caste name and accused Nos.2
and 3 abused him in filthy language. The case came to be
registered against accused Nos. 1 to 3 on the said
complaint filed by respondent No.2. During the course of
investigation, the appellants/accused Nos. 2 and 3 were
arrested on 16.05.2023 and they are in judicial custody.
Now, the learned counsel for the appellant has furnished
charge sheet papers stating that charge sheet has been
filed by accused Nos. 1 to 4 for offences punishable under
Sections 323, 324, 307, 504, 506 and 109 read with
Section 34 of IPC and Sections 3(1)(r), 3(1)(s) and 3 to 5
of SC/ST (POA) Act, 1989. The appellants/accused Nos.2
and 3 filed Criminal Miscellaneous No.4828/2023 seeking
bail and the same came to be rejected by the impugned
order, which is challenged in this appeal.
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4. The learned counsel for appellants would
contend that the accusation against accused No.2 is that
he assaulted respondent No.2 with hand on his body and
caused pain and against accused No.3 is that he assaulted
respondent No.2 with club on his thigh. The wound
certificate of respondent No.2 showed two injuries, one is
simple injury and another one is grievous injury. Except
these two injuries on the face, there are no corresponding
injuries regarding overt acts of appellant No.2/accused
No.2. Respondent No.2 has been discharged from the
hospital. Knife has been seized by the Police wherein
respondent No.2 gave it to the Police under mahazar. The
offence punishable under Section 307 of IPC is not
attracted against the appellants. The charge sheet is filed
and the appellants are not required for custodial
interrogation. With this, he prays to allow the appeal.
5. Per Contra, learned High Court Government
Pleader would contend that on looking to the averments of
the compliant, appellant No.1/accused No.2 assaulted
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with hand on his body and appellant No.2/accused No.3
assaulted the complainant with club on his thigh. The
wound certificate reveals that one is simple injury and
another one is grievous injury. Accused Nos.2 and 3 are
having criminal antecedents and accused No.2 is involved
in two criminal cases, out of them, one is for the offence
punishable under Section 307 of IPC, whereas, accused
No.3 is involved in three criminal cases, out of them, two
cases are for the offences punishable under Section 307 of
IPC. The alleged incident has been witnessed by a person
who is cited as CW-2. Considering all these aspects, the
learned Special Judge has rightly rejected the bail petition
of the appellants. With this, he prays to dismiss the
appeal.
6. The Learned counsel for respondent No.2 has
argued that the quarrel took place between respondent
No.2 and appellant No.4 as appellant No.4 quoted higher
price for the idol, for that at the instance of accused No.4,
accused Nos.1 to 3 assaulted respondent No.2 and caused
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injury and they have also abused him taking his caste in
filthy language. The appellants are having criminal
antecedents. If they are granted bail, there are chances of
repeating the offences. With this, he prays to dismiss the
appeal.
7. Having heard the learned counsel for the
appellants, learned High Court Government Pleader for
respondent No.1 and learned counsel for respondent No.2,
the Court has perused the impugned order and charge
sheet material. As per the charge sheet, accused No.2
assaulted the complainant/respondent No.2 with hands on
his body and caused pain and accused No.3 assaulted the
complainant/respondent No.2 with club on his right thigh.
Looking to the wound certificate, there is no corresponding
injury on thigh or other parts of the body except two
injuries on the face. The main overt-act alleged against
accused No.1 who has assaulted with hand near right eye
and also assaulted him with knife. No serious overt-acts are
alleged against the appellants. As the charge sheet is filed,
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the appellants are not required for custodial interrogation.
Merely because the appellants are involved in other criminal
cases, is not a ground for rejecting their petition. The
apprehension of the prosecution that if the appellants are
granted bail, they will commit similar offences and threaten
the complainant & other prosecution witnesses, can be met
with by imposing stringent conditions. In the result, the
following:
ORDER
The appeal is allowed.
The impugned order dated 13.06.2023, passed in
Criminal Miscellaneous No.4828/2023, by the LXX Addl.
City Civil and Sessions and Special Judge, Bengaluru is
set-aside. Consequently Criminal Miscellaneous No.
4828/2023 is allowed and the appellants/accused No.1
and 2 are granted bail in Crime No.105/2023 of
Amruthahally Police Station, subject to the following
conditions:
i. The appellants/accused No. 2 and 3 shall execute a
bail bond for a sum of Rs.1,00,000/- with one surety
for like-sum to the satisfaction of the Jurisdictional
Court.
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ii. The appellants/accused Nos.2 and 3 shall not
threaten the complainant and other prosecution
witnesses.
iii. The appellants/accused No. 2 and 3 shall not tamper
with the prosecution witnesses .
iv. The appellants/accused No.2 and 3 shall not involve
in commission of any offences.
v. The appellants/accused No. 2 and 3 shall appear
before the Jurisdictional Court on all dates of hearing
unless exempted and co-operate for speedy disposal
of the case.
If the appellants are found involved in commission of
any offences hereinafter, the prosecution is at liberty to
seek cancellation of their bail.
Sd/-
JUDGE
KA
CT:PH
