Karnataka High Court
Mahesha vs The State Of Karnataka on 23 February, 2023
Bench: Shivashankar Amarannavarpresided Bysaj
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CRL.A No. 189 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL No. 189 OF 2023
BETWEEN:
MAHESHA
S/O MONAPPA
AGED ABOUT 25 YEARS
R/O KRISHNAPURA
MATASAGARA VILLAGE
KASABA HOBLI
SAKALESHPURA TALUK
HASSAN DISTRICT-34.
...APPELLANT
(BY SRI PRATHEEP K C, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP. BY SAKALESHPURA TOWN POLICE STATION
Digitally signed HASSAN DISTRICT
by SANDHYA S REP. BY ITS STATE PUBLIC PROSECUTOR
Location: HIGH HIGH COURT OF KARNATAKA
COURT OF BANGALORE - 01.
KARNATAKA
2. PRAVEEN KUMAR
S/O SWAMY
AGED ABOUT 30 YEARS
R/O MATASAGARA VILLAGE
KASABA HOBLI, SAKALESHPURA TALUK
HASSAN DISTRICT - 34.
...RESPONDENTS
(BY SRI S VISWA MURTHY, HCGP FOR R1
R2 IS SERVED - ABSENT & UNREPRESENTED)
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CRL.A No. 189 of 2023
THIS CRL.A IS FILED U/S. 14(A)(2) OF SC/ST (POA) ACT
PRAYING TO SET ASIDE THE ORDER IN SPL.CASE No.501/2022
DATED 22.12.2022 PASSED BY 1ST ADDITIONAL DISTRICT AND
SESSIONS JUDGE, HASSAN AND ENLARGE THE APPELLANT ON
BAIL IN SPL.C.NO.501/2022 FOR THE OFFENCE P/U/S 341,
302, 34 OF IPC AND SEC.3(2)(V) OF SC/ST (POA) ACT BY
RESPONDENT P.S., AND PENDING ON THE FILE OF THE I ADDL.
DISTRICT AND SESSIONS JUDGE, AT HASSAN.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by appellant - accused No. 2
seeking to set aside the order dated 22.12.2022 passed by
I Additional District and Sessions Judge, Hassan, in SPl.C.
No. 501/2022 whereunder the bail application of appellant
- accused No. 2 sought in respect of crime No. 97/2022 of
Sakaleshpura Police station for the offence under Sections
341 and 302 read with Section 34 of IPC and Sections
3(2)(v) of SC ST (Prevention of Atrocities) Act, 1989 came
to be rejected.
2. Heard learned counsel for the appellant and
learned HCGP appearing for respondent No. 1 - State.
CRL.A No. 189 of 2023
Respondent No. 2 is served with notice but he has not
entered appearance before the Court.
3. Case of the prosecution is with regard to the
homicidal death of father of respondent No.2. The
deceased was working in Coffee Board. On 14.06.2022 the
deceased left home as usual in the morning hours for his
office. In the afternoon he returned to his village on
learning about the death of one Sunil Joseph. After having
dinner, at about 11.00 pm, the deceased left home saying
that he will sleep near the house of Sunil Joseph. At 06.30
am on 15.06.2022 some villagers told respondent No. 2
that his father was found dead. This resulted in FIR being
registered in crime No. 97/2022.
4. Investigation led to arrest of three accused
including the appellant. Charge sheet shows that accused
No. 1 had enmity against the deceased. Once the
deceased had objected to the illegal transportation of sand
CRL.A No. 189 of 2023
by accused No.1. On the night of 14.06.2022 all the three
accused were having liquor sitting in the middle of the
road and when the deceased questioned them, accused
No. 1 with the help of accused Nos.2 and 3 killed the
deceased. It is alleged very specifically that accused No. 1
strangled the deceased with a towel and accused Nos. 2
and 3 held the limbs of the deceased very tightly.
5. As argued by the learned counsel for the
appellant there are no eye witnesses to this incident.
Entire case rests on circumstantial evidence. It appears,
based on the voluntary statement made by accused Nos. 2
and 3 the motive is spelt out in the charge sheet.
According to the prosecution at the instance of accused
Nos. 2 and 3 clothes of the deceased were recovered.
Except this there are no other materials as against
appellant - accused No. 2. Charge sheet indicates that it
was accused No. 1 who had enmity against the deceased.
C.W.17 to C.W.19 are shown to be the witnesses for the
CRL.A No. 189 of 2023
last seen theory but on perusal of the statements it
becomes clear that they just saw all the three accused
sitting in the middle of the road and taking liquor.
Therefore, their statements do not disclose the presence of
the deceased along with them.
6. Accused No. 3 who is similarly placed to that of
accused No. 2 has been granted bail by this Court in Crl.A.
No. 1947/2022 by judgment dated 29.11.2022. The
appellant - accused No.2 is similarly placed to that of
accused No. 3 who has been granted bail by this Court.
Inspite of producing copy of the judgment passed in Crl.A.
No. 1947/2022, trail Court has not granted bail to accused
No.2 who is placed similarly to that of accused No. 3. The
overt acts alleged against this appellant - accused No. 2
and accused No.3 are same. Therefore, appellant -
accused No.2 is entitled for grant of bail on the ground of
parity. Under these circumstances, the trial Court could
have granted bail to the appellant - accused No. 2.
CRL.A No. 189 of 2023
Investigation is completed. There was no impediment for
the trial Court to have admitted the appellant - accused
No.2 to bail. Therefore the impugned order cannot be
sustained. Accordingly, I pass the following;
ORDER
Appeal is allowed. The impugned order passed by the
I Additional District and Sessions Judge, Hassan, dated
22.12.2022 in Spl.C. No. 501/2022 is set aside. The
appellant - accused No.2 shall be released on bail in crime
No. 97/2022 of Sakaleshpura Police Station subject to the
following conditions:
i. Appellant - accused No. 2 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. 2 shall not tamper with the
evidence collected by the Investigating Officer and
threaten the witnesses.
CRL.A No. 189 of 2023
iii. Appellant - accused No. 2 shall regularly appear
before the trial Court till conclusion of the trial.
iv. Appellant - accused No. 2 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
