Karnataka High Court
Nagaraju vs State By Karnataka on 16 February, 2023
Bench: Shivashankar Amarannavar
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CRL.A No. 151 of 2023
C/W CRL.A No.160 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL NO. 151 OF 2023
C/W
CRIMINAL APPEAL NO. 160 OF 2023
IN CRL A No.151/2023:
BETWEEN:
NAGARAJU
S/O LATE VENKATARAMAIAH
AGED ABOUT 31 YEARS
BOTH ARE RESIDING AT
PEDDANAHALLI VILLAGE,
GUBBI TALUK
TUMAKURU DISTRICT - 572 219.
...APPELLANT
(BY SRI. H V PRAVEEN GOWDA, ADVOCATE)
AND:
Digitally signed
by SANDHYA S
1. STATE BY KARNATAKA
Location: HIGH
COURT OF BY GUBBI POLICE STATION
KARNATAKA REPRESENTED BY
STATE PUBLIC PROSECUTOR
HIGH COURT BANGALORE-560 001.
2. SRI SRIDHAR
S/O MUDALAGIRIYAPPA
AGED ABOUT 39 YEARS
RESIDING AT PENDANAHALLI VILLAGE,
KADABA HOBLI, GUBBI TALUK,
TUMAKURU DISTRICT - 572 219.
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CRL.A No. 151 of 2023
C/W CRL.A No.160 of 2023
NOW RESIDING AT
ADALAGARE VILLAGE
NITTUR HOBLI, GUBBI TALUK
TUMAKURU DISTRICT - 572 223.
...RESPONDENTS
(BY SRI S VISWA MURTHY, HCGP FOR R1
R2 IS SERVED AND UNREPRESENTED)
THIS CRL.A IS FILED U/S.14(A)(2) CR.P.C PRAYING TO
SET ASIDE THE ORDER DATED:04.01.2023 PASSED IN
C.MISC.NO.1727/2022 PASSED BY THE HON'BLE III
ADDL.DISTRICT AND SESSIONS JUDGE, TUMAKURU AND TO
ENLARGE THE PETITIONERS ON BAIL IN CR.NO.80/2022
(SPL.C.NO.341/2022) ON THE FILE OF THE HON'BLE III
ADDL.DISTRICT AND SESSIONS JUDGE, TUMAKURU FOR THE
OFFENCE P/U/S 143,144,148,323,324,302,201,120(B),504,114
R/W 149 OF IPC AND SEC.3(2)(V) OF SC/ST ACT.
IN CRL A No.160/2023:
BETWEEN:
1. HARISH P G
S/O GURUSIDDAPPA
AGED ABOUT 27 YEARS.
2. NATARAJU
S/O LATE SADASHIVAIAH
AGED ABOUT 47 YEARS.
BOTH ARE RESIDING AT
PEDDANAHALLI VILLAGE
GUBBI TALUK
TUMAKURU DISTRICT - 572 219.
...APPELLANTS
(BY SRI H V PRAVEEN GOWDA, ADVOCATE)
AND:
1. STATE BY KARNATAKA
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CRL.A No. 151 of 2023
C/W CRL.A No.160 of 2023
BY GUBBI POLICE STATION
REPRESENTED BY
STATE PUBLIC PROSECUTOR
HIGH COURT
BANGALORE - 560 001.
2. SRI SRIDHAR P.M
S/O MUDALAGIRIYAPPA
AGED ABOUT 39 YEARS
RESIDING AT PENDANAHALLI VILLAGE
KADABA HOBLI, GUBBI TALUK
TUMAKURU DISTRICT - 572 219.
NOW RESIDING AT
ADALAGARE VILLAGE
NITTUR HOBLI, GUBBI TALUK
TUMAKURU DISTRICT - 572 223.
...RESPONDENTS
(BY SRI S VISWA MURTHY, HCGP FOR R1
R2 IS SERVED AND UNREPRESENTED)
THIS CRL.A IS FILED U/S.14(A)(2) CR.P.C PRAYING TO
SET ASIDE THE ORDER DATED:04.01.2023 PASSED NI
C.MISC.NO.1727/2022 BEFORE THE III ADDITIONAL DISTRICT
AND SESSIONS JUDGE, TUMKUR AND TO ENLARGE THE
PETITIONER ON BAIL IN CR.NO.80/2022 (SPL.C.NO.341/2022)
ON THE FILE OF III ADDITIONAL DISTRICT AND SESSIONS
JUDGE, TUMAKURU FOR THE OFFENCE P/U/S 143, 144, 148,
323, 324, 302, 201, 120(B), 504, 114 R/W 34 OF IPC AND
SEC.3(2)(V) OF SC/ST (POA) ACT.
THESE APPEALS COMING ON FOR ADMISSION THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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CRL.A No. 151 of 2023
C/W CRL.A No.160 of 2023
JUDGMENT
Though this matter is listed for admission, with the
consent of both learned counsel, it is taken up for final
disposal.
2. Crl.A.No.151/2023 is filed by accused No.10
and Crl.A.No.160/2023 is filed by accused Nos.13 and 15.
3. Both the appeals have been preferred seeking
setting aside the order dated 04.01.2023 passed in
Crl.Misc.No.1727/2022 by the III Additional District and
Sessions Judge, Tumakuru sought in respect of Crime
No.80/2022 of Gubbi P.S. for the offences punishable
under Sections 143, 144, 148, 323, 324, 302, 201, 120B,
504, 114 read with Section 149 of IPC and under Section
3(2)(v-a) of Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989, which came to be
rejected.
4. Heard the learned counsel for appellants and
learned HCGP for respondent No.1-State.
CRL.A No. 151 of 2023
C/W CRL.A No.160 of 2023
5. Inspite of service of notice respondent No.2
remained absent and unrepresented.
6. The brief case of the prosecution is that one
Sandeep and others took Girish, the brother of the
respondent No.2 with them at about 8.30 or 9.00 p.m on
21.04.2022 and he did not return. Thereafter respondent
No.2 came to know that his brother was found dead and
the dead body was floating in a pond. Another person was
also found dead at some distance. Respondent No.2 went
to that place and saw the dead body of his brother Girish
in the pond. He noticed injuries on the dead body. He also
saw the dead body of another person namely Girish
S/o Kempanna. He suspected that accused No.1, Nandish
and supporters might have killed his brother and another
person Girish. Investigation led to filing of chargesheet
against 29 accused. According to the prosecution, both the
deceased were thieves and were involved in stealing of
electrical starters, coconut, arecanut and therefore some
CRL.A No. 151 of 2023
C/W CRL.A No.160 of 2023
of the villagers decided to catch them red hand when they
were committing theft. Pursuant to the same, both were
caught and they were assaulted severely and consequently
they died. The dead bodies were found.
7. So far as appellants are concerned, the
allegation against them is that they assaulted the
deceased with hands and legs. There is no any allegations
of assault by these appellants using weapons, but the said
case is against accused Nos.2 to 9 who have assaulted the
deceased with weapons. Investigation is also completed
and the presence of the appellants before the Court can be
secured for trial. Moreover, the motive and the incident
does not appear to be a caste based attack, probably the
accused thought of teaching them a lesson. Accused
Nos.14 and 17 against whom similar allegations are made
of assaulting the deceased with hands have been granted
bail by this Court in Crl.A.No.2180/2022 by judgment
dated 18.01.2023. Therefore, the appellant/accused
Nos.10, 13 and 15 are similarly placed to that of accused
CRL.A No. 151 of 2023
C/W CRL.A No.160 of 2023
Nos.14 and 17 and they are entitled for grant of bail. The
charge sheet is filed and the appellants are not required
for custodial interrogation.
8. In view of the facts and circumstances of the
case, the appeal deserves to be allowed by imposing
stringent conditions.
9. Hence, I proceed to pass the following:
ORDER
Both the appeals are allowed.
The order passed in Crl.Misc.No.1727/2022 dated
04.01.2023 by the III Addl. District and Sessions Judge,
Tumakuru is set aside. Appellants/ accused Nos.10, 13
and 15 shall be released on bail, subject to following
conditions.
1) Appellants/accused Nos.10, 13 and 15 shall
execute a personal bound for a sum of
Rs.1,00,000/- (Rupees One Lakh Only) each with
2 sureties for the likesum to the satisfaction of
the trial Court.
CRL.A No. 151 of 2023
C/W CRL.A No.160 of 2023
2) Appellants/accused Nos.10, 13 and 15 shall
not tamper with the evidence collected by the
investigating officer and threaten the witnesses.
3) Appellants/accused Nos.10, 13 and 15 shall
regularly appear before the Trial Court till
conclusion of the trial.
4) Appellants/accused Nos.10, 13 and 15 shall
not get involved in any other criminal case/s in
future. In case of any FIR is registered against
them, the same will be considered for
cancellation of bail.
Sd/-
JUDGE
SSD
