Karnataka High Court
Rangaswamy P C vs State By Karnataka on 21 February, 2023
Bench: Shivashankar Amarannavarpresided Bysaj
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CRL.A No. 74 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL NO. 74 OF 2023
BETWEEN:
RANGASWAMY P C
S/O LATE CHIKKARANGAIAH
AGED ABOUT 60 YEARS
RESIDING AT PEDDANAHALLI VILLAGE
KADABA HOBLI, GUBBI TLAUK
TUMAKURU DISTRICT - 572 219.
...APPELLANT
(BY SRI. H V PRAVEEN GOWDA, ADVOCATE)
AND:
1. STATE BY KARNATAKA
BY GUBBI POLICE STATION
Digitally signed
by SANDHYA S REPRESENTED BY
STATE PUBLIC PROSECUTOR
Location: HIGH
COURT OF HIGH COURT
KARNATAKA 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.
NOW RESIDING AT
ADALAGARE VILLAGE
NITTUR HOBLI
-2-
CRL.A No. 74 of 2023
GUBBI TALUK
TUMAKUR DISTRICT - 572 223.
...RESPONDENTS
(BY SRI S VISWA MURTHY, HCGP FOR R-1
R2 IS SERVED AND UNREPRESENTED-ABSENT)
THIS CRL.A. IS FILED U/S.14(A) (2) OF SC/ST (POA)
ACT, 2015 PRAYING TO SET ASIDE THE IMPUGNED ORDER
DATED 15.10.2022 IN CRL.MISC.NO.1207/2022 PASSED BY
THE III ADDITIONAL DISTRICT AND SESSIONS COURT,
TUMAKURU DISTRICT AND TO ENLARGE THE APPELLANT ON
BAIL IN CR.NO.80/2022 BY THE GUBBI P.S., TUMAKURU
(SPL.C.NO.341/2022) ON THE FILE OF HONOURABLE III
ADDITIONAL DISTRICT AND SESSIONS COURT, TUMAKURU
DISTRICT FOR THE OFFENCE P/U/S.143, 144, 148, 323, 324,
302, 201, 120-B, 504, 114 R/W SEC.149 OF IPC AND SECTION
3(2)(v) OF SC/ST (POA) ACT.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by accused No. 16 seeking setting
aside the order dated 15.10.2022 passed by the III
Additional District and Sessions Judge, Tumakuru, in
Crl.Misc. No. 1207/2022 whereunder the bail petition filed
by the appellant - accused No. 16 sought in respect of
crime No. 80/2022 of Gubbi Police Station, Tumakuru, for
the offence punishable under Sections 143, 144, 148, 323,
324, 302, 201, 120-B, 504 and 114 read with Section 149
CRL.A No. 74 of 2023
of IPC and Section 3(2)(v) of SC ST (Prevention of
Atrocities) Act, 1989 came to be rejected.
2. Heard learned counsel for appellant and learned
HCGP for respondent No. 1 - State. Inspite of service of
notice, respondent No. 2 remained absent and
unrepresented.
3. 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 son of Kempanna.
He suspected that accused No.1, Nandish and supporters
might have killed his brother and another person Girish.
CRL.A No. 74 of 2023
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 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.
4. Sofar as appellant - accused No. 16 is concerned,
the allegation against him is that he assaulted the
deceased with hands and legs. There is no allegation of
assault by this appellant - accused No. 16 using any
weapon, but allegation against accused Nos. 2 to 9 is that
they have assaulted the deceased with weapons.
Investigation is completed and the presence of the
appellant - accused No. 16 can be secured for trial.
Moreover, the motive and the incident does not appear to
be a caste based attack, rather it was found that the
accused thought of teaching a lesson to the deceased.
CRL.A No. 74 of 2023
Accused Nos. 14 and 17 who are alleged to have assaulted
the deceased with hands and legs have been granted bail
by this Court in Crl.A. No. 2180/2022 by judgment dated
18.01.2023. This appellant - accused No. 16 is also placed
similarly to that of accused Nos. 14 and 17 who have been
granted bail by this Court and therefore he is entitled for
grant of bail on the ground of parity. As charge sheet is
filed, the appellant - accused No. 16 is not required for
custodial interrogation. In the facts and circumstances the
appeal deserves to be allowed by imposing stringent
conditions. Hence, I proceed to pass the following;
ORDER
Appeal is allowed. The order passed by the III
Additional District and Sessions Judge, Tumakuru, in
Crl.Misc. No. 1207/2022 dated 15.10.2022 is set aside.
The appellant - accused No. 16 is ordered to be released
on bail in crime No. 80/2022 of Gubbi Police station
subject to following conditions:
CRL.A No. 74 of 2023
i. Appellant - accused No. 16 shall execute a personal
bond for a sum of Rs.1,00,000/- (Rupees One Lakh
only) with two sureties for the likesum to the
satisfaction of the trial Court.
ii. Appellant - accused No. 16 shall not tamper with the
evidence collected by the Investigating Officer and
threaten the witnesses.
iii. Appellant - accused No. 16 shall regularly appear
before the trial Court till conclusion of the trial.
iv. Appellant - accused No. 16 shall not get involved in
any other criminal case/s in future. In case any FIR is
registered against him, the same will be considered
for cancellation of bail.
Sd/-
JUDGE
LRS
