Sharu @ Sharukh vs The State Of Karnataka And Anr
2023 Latest Caselaw 6015 Kant

Citation : 2023 Latest Caselaw 6015 Kant
Judgement Date : 29 August, 2023

Karnataka High Court

Sharu @ Sharukh vs The State Of Karnataka And Anr on 29 August, 2023

Bench: Venkatesh Naik T

                                            -1-
                                                   NC: 2023:KHC-K:6781
                                                   CRL.A No. 200240 of 2023




                              IN THE HIGH COURT OF KARNATAKA

                                    KALABURAGI BENCH

                          DATED THIS THE 29TH DAY OF AUGUST, 2023

                                          BEFORE

                        THE HON'BLE MR. JUSTICE VENKATESH NAIK T.

                              CRIMINAL APPEAL NO.200240/2023


                   BETWEEN:

                        SHARU @ SHARUKH
                        S/O MODINSAB,
                        AGE 31 YEARS,
                        OCCUPATION CARPENTER,
                        RESIDENT OF NEAR HEGADE PETROL BUNK,
                        PWD CAMP, SINDHANOOR,
                        TALUK SINDHANOOR,
                        DISTRICT RAICHUR.

Digitally signed                                              ...APPELLANT
by SHILPA R
TENIHALLI          (BY SRI MAHANTESH PATIL, ADVOCATE)
Location: HIGH
COURT OF
KARNATAKA          AND:


                   1.   THE STATE OF KARNATAKA
                        REPRESENTED BY SPP,
                        HIGH COURT OF KARNATAKA,
                        BENCH AT KALABURAGI
                        (THROUGH SINDHANOOR P.S.
                        DISTRICT RAICHUR)
                            -2-
                                 NC: 2023:KHC-K:6781
                                 CRL.A No. 200240 of 2023




2.   SMT. YALLAMMA W/O MALLAPPA,
     AGE 60 YEARS,
     OCCUPATION HOUSEWIFE,
     RESIDENT LAXMI CAMP PWD, WARD NO.31
     SINDHANOOR
     TALUK SINDHANOOR,
     DISTRICT RAICHUR.

                                         ...RESPONDENTS
(BY SRI J. SHAHABUDDIN, HCGP FOR R1;
SRI ARUNKUMAR AMARGUNDAPPA, ADVOCATE FOF R2)

     THIS CRIMINAL APPEAL IS FILED UNDER SECTION
14-A OF SC/ST (PA) ACT, PRAYING TO SET ASIDE THE
ORDER    DATED   24.06.2023  IN   CASE    SPL.(A)FIR
NO.54/2023 PASSED BY THE SPECIAL COURT FOR CASES
UNDER THE SC AND THE ST (POA) ACT AND I-ADDL.
SESSIONS JUDGE, RAICHUR AND ENLARGE THE
APPELLANT ON BAIL IN RESPECT OF CRIME IN SPL (A) FIR
NO.54/2023 OF SINDHANOOR P.S. FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 302, 323, 504, 506 READ
WITH SECTION 34 OF AND UNDEER SECTIONS 3(1)(r)(s),
3(2)(V) OF SC/ST (P.A.) AMENDMENT ACT,         2015,
PENDING ON THE FILE OF SESSIONS JUDGE, RAICHUR.

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

                      JUDGMENT

1. Heard learned counsel for appellant, learned

High Court Government Pleader for respondent No.1-State

and learned counsel for respondent No.2 - complainant.

NC: 2023:KHC-K:6781 CRL.A No. 200240 of 2023

2. Appellant-accused No.3, who is sought to be

prosecuted for the offences punishable under Sections

302, 323, 504, 506 R/w Section 34 of IPC and Sections

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

Scheduled Tribes (Prevention of Atrocities) Amendment

Act, 2015 has filed this appeal under Section 14-A of the

SC/ST (PA) Act, to enlarge him on bail.

3. Initially FIR was registered for the offences

punishable under Sections 143, 147, 148, 307, 323, 504,

506 R/w Section 149 of IPC and Sections 3(1)(r)(s),

3(2)(v) of the SC/ST (PA) Amendment Act, 2015, alleging

that a quarrel had taken place between accused No.1 and

the deceased, since accused No.1 had spat on the

deceased. Thereafter, all the accused formed an unlawful

assembly and accused No.1 stabbed the deceased on his

stomach with knife and accused Nos.2 and 3 assaulted the

CW.2 with their hands. After the incident, deceased was

taken to hospital for treatment, however, he succumbed to

the injuries after 04 days of incident. The police

NC: 2023:KHC-K:6781 CRL.A No. 200240 of 2023

investigated the matter and filed the charge-sheet for the

offence punishable under Section 302 of IPC apart from

the aforesaid offences.

4. On perusal of the material available on record,

it appears that the quarrel took place between accused

No.1 and deceased, and accused No.1 stabbed deceased

with a knife on his abdomen resulting in death of deceased

after four days of incident. The allegation against this

appellant is that, he along with accused Nos.2 and 4

assaulted the CW.2 who was accompanying the deceased,

with hands. Whether accused No.3 had the common

intention along with other accused to commit the murder

of the deceased is a matter, which requires to be proved

at the time of trial. Admittedly, co-ordinate bench of this

Court has granted bail in favour of accused No.2 in Crl.A.

No.200185/2023 on 27.07.2023. Therefore, on the

ground of parity also appellant is entitled for bail. Hence,

the appellant - accused No.3 has made out a prima-facie

NC: 2023:KHC-K:6781 CRL.A No. 200240 of 2023

case to enlarge him on bail. Accordingly, I proceed to

pass the following;

ORDER

The Criminal Appeal is allowed.

The Appellant - accused No.3 is enlarged on bail in Crime No.59/2023, registered by Sindhanoor Police Station, for the offences punishable under Sections 143, 147, 148, 307, 323, 302, 504 and 506 read with Section 149 of IPC and under Sections 3(1)(r)(s) and 3(2)(v) of SC/ST(P.A.) Amendment Act, 2015, subject to the following conditions:

(a) The appellant shall execute a personal bond for a sum of Rs.1 lakh with one surety for the likesum to the satisfaction of the jurisdictional Court.