Karnataka High Court
Sri Karthik S vs State By Nandini Layout Ps on 20 December, 2023
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
-1-
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CRL.A No. 1992 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL APPEAL NO. 1992 OF 2023
BETWEEN:
1. SRI KARTHIK. S.
S/O SHIVANNA,
AGED ABOUT 34 YEARS,
R/AT MUGAMMA HOUSE,
5TH CROSS, 50 FEET ROAD,
LAGGERE,
BENGALURU 560058.
2. SRI. BABU
S/O BALAJI BULLAYAPPA,
AGED ABOUT 32 YEARS,
R/AT NEAR VAYUNANDANA BAR,
7TH CROSS,
CHOWDESHWARINAGAR,
LAGGERE,
Digitally BENGALURU 560058.
signed by
SUMITHRA R ...APPELLANTS
(BY SRI. HARISH PRABHU S.,ADVOCATE)
Location:
High Court of AND:
Karnataka
1. STATE BY NANDINI LAYOUT P.S
REPRESENTED BY S.P.P
HIGH COURT OF KARNATAKA,
BENGALURU.
2. SMT. PUSHPA
W/O LATE RAVI,
AGED ABOUT 28 YEARS,
R/AT OPPOSITE TO SHIVA TEMPLE ROAD,
LAGGERE MAIN ROAD,
-2-
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CRL.A No. 1992 of 2023
CHOWDESHWARINAGAR,
LAGGERE,
BENGALURU 560058.
...RESPONDENTS
(BY SRI. B. LAKSHMAN., HCGP;
R2 SERVED, UNREPRESENTED)
THIS CRL.A. IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT,
2015 PRAYING TO SET ASIDE THE ORDER PASSED BY THE
LEARNED PRL. CITY CIVIL AND SESSION JUDGE (CCH-71) AT
BENGALURU IN CRL.MISC.8173/2023 DATED 22.09.2023 AND
GRANT OF BAIL TO THE APPELLANT NO.1 AND 2 IN
SPL.C.NO.1752/2023 ARISING OUT OF CR.NO.154/2023
REGISTERED BY RESPONDENT NO.1 FOR THE OFFENCE P/U/S
120B, 302 R/W SEC. 149 OF IPC A/W SEC. 3(2)(v) OF THE
SC/AT (POA) ACT, PRESENTLY PENDING ON THE FILE OF
LEARNED PRL. CITY CIVIL AND SESSION JUDGE (CCH-71) AT
BENGALURU IN SPL.C.NO.1752/2023.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard the learned counsel for appellants, learned High
Court Government Pleader for the State and perused the
material on record.
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Respondent No.2 / defacto complainant is served, but
unrepresented.
2. This appeal is preferred under Section 14A(2) of
Scheduled Castes and the Scheduled Tribes (POA) Act, 1989,
praying to set aside the order dated 22.09.2023 passed by the
Court of LXX Additional City Civil and Sessions Judge in
Crl.Misc.No.8173/2023 and consequently to enlarge the
appellants / accused Nos.6 and 7 on bail in
Spl.C.No.1752/2023, arising out of crime No.154/2023 of
Nandini layout Police Station.
3. FIR is registered on a complaint lodged by one Smt.
Pushpa, wife of the deceased by name Ravi, against accused
Nos.1 to 5 and others for the offences punishable under Section
3(2)(v) of the SC and ST (POA) Act, 1989 and Section 302 of
IPC.
4. Charge sheet is filed against accused Nos.1 to 8 for
the offence punishable under Section 302, 120B read with
Section 149 of IPC and Section 3(2)(v) of the SC and
ST(Prevention of Atrocities) Act, 1989.
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5. As per the charge sheet allegations, accused Nos.1
to 8 were known to the deceased. There was some money
dispute between the deceased and accused Nos.1 and 2.
Hence, the said accused were nurturing ill-will against him. On
24.05.2023 the accused persons and the deceased attended
the birthday party of CW-11-Krishna Murthy. At about 08:20
pm, after cutting the cake, all of them had dinner. A verbal
quarrel took place between the deceased and accused. CW-11
intervened and sent the deceased to his house. At about 09:30
pm, accused Nos.1 and 2 with an intention to commit his
murder, brought a dagger from the house of accused No.2. All
the accused went near the house of CW-11. Accused No.1 sent
accused Nos.3 to 8 to the house of the deceased to secure him.
The deceased was then taken near the house of CW-11 at
about 11:15 pm and all the accused assaulted him and
committed his murder.
6. As per the charge sheet, CWs.11, 15, 20 and 21 are
the eye witnesses. Specific motive is attributed against accused
Nos.1 and 2. A perusal of the material collected by the
prosecution goes to show that, the appellants namely accused
Nos.6 and 7 were present at the scene of occurrence, but they
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were not armed with any weapon. The overt acts attributed
against them are that they have assaulted the deceased with
hands and kicked him etc.
7. As per the Postmortem report, the deceased has
sustained about 18 injuries. The cause of death is due to
Hemorrhage and shock as a result of multiple sharp force
injuries sustained.
8. As per the charge sheet, accused No.2 was armed
with dagger, Accused No.5 took the dagger from accused No.2
and assaulted the deceased on his neck. Accused Nos.1, 3 and
5 dragged the deceased in-front of one Ruchi hotel. Accused
Nos.6 and 7 assaulted him with hands and kicked with legs.
Accused Nos.1 and 2 held him tightly and then accused No.1
took the dagger from accused No.5 and stabbed the deceased
on his abdomen. Accused Nos.3 to 5 also stabbed with the said
dagger. Accused Nos.2 and 3 dropped a size stone on the
deceased.
9. The complainant namely, the wife of the deceased
has stated that she was informed about the incident by
CW-9- Narasimha. He is not an eye witness. Names of the
appellants / accused Nos.6 and 7 are not in the
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FIR. The appellants were arrested on 26.05.2023.
Investigation is completed and charge sheet is filed. Accused
No.8 was enlarged on bail by the Co-ordinate bench of this
Court in Crl.P.No.10029/2023.
10. In the above facts and circumstances, appellants
can be granted to bail by imposing necessary conditions.
Accordingly, the following:
ORDER
i) Appeal is allowed.
ii) The order dated 22.09.2023 passed by the Court of
LXX Additional City civil and Sessions Judge in
Crl.Misc.No.8173/2023 is set aside.
iii) Appellants / accused No.6 and 7 shall be enlarged
on bail in Spl.C.No.1752/2023 pending on the file of LXX
Additional City Civil and Sessions Judge, subject to
following conditions:
shall execute a bond in a sum of Rs.1,00,000/-
(Rupees One Lakh Only) each, with two sureties
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for the likesum to the satisfaction of the
jurisdictional Court.
b) They shall furnish proof of their
residential address and shall inform the
Investigation Officer/Court, if there is any
change in the address.
c) They shall not leave the jurisdiction
of the trial Court without prior permission of the
learned Trial Judge.
d) They shall not tamper with the
prosecution witnesses either directly or
indirectly.
e) They shall appear before the Trial
Court on every date of hearing.
f) If any of the conditions are violated,
the prosecution or the complainant are at liberty
to seek cancellation of bail.
SD/-
JUDGE
LDC
