Sri Shankar K T vs The State Of Karnataka
2023 Latest Caselaw 1139 Kant

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                                                          CRL.A No. 85 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 1ST DAY OF FEBRUARY, 2023

                                            BEFORE
                   THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
                               CRIMINAL APPEAL NO. 85 OF 2023
                   BETWEEN:

                         SRI SHANKAR K T
                         S/O T H KRISHNAMURTHY
                         AGED ABOUT 31 YEARS
                         AGRICULTURIST
                         CHIKKATHUR DODDAMANE
                         DUGGALAPURA, TARIKERE
                         CHIKKAMAGALURU.
                                                                  ...APPELLANT

                   (BY SRI. VENKATESH T S, ADVOCATE)

                   AND:

                   1.    THE STATE OF KARNATAKA
                         BY THE SUB-INSPECTOR OF POLICE
                         TARIKERE POLICE
                         REPRESENTED BY
Digitally signed         SPP HIGH COURT OF KARNATAKA
by SANDHYA S             HIGH COURT BUILDING
Location: HIGH           BANGALORE-560 001.
COURT OF
KARNATAKA
                   2.    SRI SHEKAR
                         S/O SANNAPPA
                         AGED ABOUT 52 YEARS
                         AGRICULTURIST, 2ND CROSS
                         OPP. CHURCH, BIRUR ROAD
                         TARIKERE TOWN
                         CHICKAMAGALUR.
                                                          ...RESPONDENTS

                   (BY SRI S VISHWA MURTHY, HCGP FOR R1
                    R2 IS SERVED AND UNREPRESENTED)
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                                        CRL.A No. 85 of 2023




     THIS CRL.A IS FILED U/S.14(A)(2) OF SC/ST (POA) ACT
PRAYING TO SET ASIDE THE ORDER DATED 02.01.2023 IN
CRL.MISC.NO.1179/2022 PASSED BY THE HON'BLE I
ADDITIONAL     DISTRICT     AND      SESSIONS     JUDGE,
CHIKKAMAGALURU AND ETC.

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

                       JUDGMENT

This appeal is filed seeking setting aside the order

dated 02.01.2023 passed in Crl.Misc. No. 1179/2022 by

the I Additional District and Sessions Judge,

Chikkamagaluru, whereunder the anticipatory bail petition

of the appellant sought in respect of crime No. 253/2022

of Tarikere Police station for the offence punishable under

Sections 143, 144, 147, 148, 302 read with Section 149 of

IPC and Sections 3(2)(v-a) and 3(2)(vii) of the SC ST

(Prevention of Atrocities) Act, 1989 came to be rejected.

2. Heard learned counsel for the appellant and

learned HCGP for the respondent No.1 - State. Inspite of

service of notice, respondent No. 2 remained absent and

unrepresented.

CRL.A No. 85 of 2023

3. Learned counsel for the appellant would contented

that the name of this appellant came to be mentioned in

the remand application dated 23.11.2022. In the said

remand application the allegation made against this

appellant is that he took accused Nos. 4 to 9 in his friend's

car and gave shelter to them in his sister's house. It is his

submission that at the most the offence alleged against

the appellant attracts Section 212 of IPC and punishment

provided for the same is imprisonment which may extend

up to 5 years and fine. There is no allegation of any

assault by this appellant on the deceased. It is his further

submission that the appellant is ready to cooperate with

the Police in the investigation. Without considering all

these aspects, learned Sessions Judge has passed the

impugned order which calls for interference by this Court.

With this he prayed to allow the appeal and grant

anticipatory bail to the appellant.

4. Per contra, learned HCGP appearing for

respondent No.1 - State submits that the appellant gave

CRL.A No. 85 of 2023

shelter to accused Nos.4 to 9 who are involved in

commission of murder of one Omkara. The appellant is

alleged to have taken accused Nos. 4 to 9 in his friend's

car and gave shelter in the house of his sister.

Investigation is in progress. The car stated to have been

used by this appellant requires to be seized. Considering

all these aspects learned Sessions Judge has rightly

rejected the anticipatory bail petition filed by the appellant

which does not require any interference by this Court.

With this he prayed to dismiss the appeal.

5. Having heard the learned counsel for the appellant

and the learned HCGP appearing for respondent No.1 -

State, this Court has gone through the impugned order,

FIR, complaint and remand application.

6. The accusations leveled against this appellant in

the remand application dated 23.11.2022 is that he took

accused Nos. 4 to 9 in his friend's car to his sister's house

CRL.A No. 85 of 2023

and gave shelter to them. There is no allegation of this

appellant assaulting the deceased. The offence, at the

most, attracted against this appellant is under Section 212

of IPC which is punishable with imprisonment for five

years and fine. Appellant is ready to cooperate with the

Police in the investigation. The offence alleged against

appellant is not punishable with death or imprisonment for

life. Without considering the said aspect, learned Sessions

Judge has passed the impugned order which requires

interference by this Court.

7. The appellant has made out grounds for setting

aside the impugned order and grant anticipatory bail to

him with terms and conditions. Hence, I proceed to pass

the following;

ORDER Appeal is allowed. The impugned order dated

02.01.2023 passed by the I Additional District and

Sessions Judge, Chikkamagaluru in Crl.Misc. No.

CRL.A No. 85 of 2023

1179/2022 is set aside. Consequently, the bail petition of

the appellant filed under Section 438 of Cr.P.C. is allowed.

The appellant is ordered to be released on bail in the event

of his arrest in Crime No. 253/2022 of Tarikere Police

Station subject to the following conditions:

i. The appellant shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the Investigating Officer.

ii. The appellant shall voluntarily appear before the Investigating Officer within 15 days from this day and execute bail bond and furnish surety.

iii. The appellant shall remain present before the Police station concerned on first and third Sunday of every month between 10.00 am to 02.00 pm and mark his attendance for a period of two months or till the filing of the final report whichever is earlier.

iv. The appellant shall cooperate with investigation and make himself available for interrogation whenever required.

CRL.A No. 85 of 2023

v. The appellant shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer.

vi. The appellant shall not obstruct or hamper the Police investigation and not to play mischief with the evidence collected or yet to be collected by the Police.

Sd/-

JUDGE

LRS