Karnataka High Court
Dayananda P H vs State By Karnataka on 18 January, 2023
Bench: Shivashankar Amarannavar
-1-
CRL.A No. 2180 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL NO.2180/2022
BETWEEN:
1. DAYANANDA P.H.
S/O HUCHAPPA,
AGED ABOUT 32 YEARS,
R/AT PEDDANAHALLI VILLAGE,
GUBBI TALUK,
TUMAKURU DISTRICT - 572 219.
2. RANGASWAMY
Digitally signed S/O MUDLAIAH,
by SANDHYA S AGED ABOUT 48 YEARS,
Location: HIGH R/AT PEDDANAHALLI VILLAGE,
COURT OF
KARNATAKA GUBBI TALUK,
TUMAKURU DISTRICT - 572 219.
...APPELLANTS
(BY SRI. H.V. PRAVEEN GOWDA, ADVOCATE)
AND:
1. STATE BY KARNATAKA,
BY GUBBI POLICE STATION,
REPRESENTED BY,
STATE PUBLIC PROSECUTOR,
-2-
CRL.A No. 2180 of 2022
HIGH COURT,
BANGALORE - 560 001.
2. SRI. SRIDHAR
S/O MUDALAGIRIYAPPA,
AGED ABOUT 39 YEARS,
R/AT PENDANAHALLI VILLAGE,
KADABA HOBLI,
GUBBI TALUK,
TUMAKURU DISTRICT - 572 219.
NOW R/AT
ADALAGERE VILLAGE,
NITTUR HOBLI,
GUBBI T ALUK,
TUMAKURU DISTRICT - 572 223.
...RESPONDENTS
(BY SRI. S. VISWA MURTHY, HCGP FOR R1;
SRI. BASAWAPRASAD K., ADVOCATE FOR R2 (ABSENT))
THIS CRL.A. FILED U/S.14(A)(2) OF SC/ST (POA) ACT
PRAYING TO SET ASIDE THE ORDER DATED 15.10.2022 PASSED IN
CRL.MISC. NO.1259/2022 AND CRL.MISC. NO.1342/2022 PASSED BY
THE HONBLE III ADDITIONAL DISTRICT AND SESSIONS JUDGE,
TUMAKURU AND TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.80/2022 (SPL.C.NO.341/2022) ON THE FILE OF THE HONBLE
III ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMAKUR FOR
THE OFFENCE P/U/S. 143, 144, 148, 323, 324, 302, 201, 120-B,
504, 114 R/W SEC.149 OF IPC AND SEC.3(2)(v) OF SC/ST (ACT).
THIS CRIMINAL APPEAL, COMING ON FOR ADMISSION, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
-3-
CRL.A No. 2180 of 2022
JUDGMENT
challenging the order dated 15.10.2022 passed by III
Addl. District and Sessions Judge, Tumakuru in Crl.Misc.
No.1259/2022 (by accused No.17) and Crl.Misc.
No.1342/2022 (by accused No.14) where under the bail
petitions of the appellants sought in respect of Cr.
No.80/2022 of Gubbi Police Station, Tumakuru registered
for offences punishable under Sections 143, 144, 148,
323, 324, 302, 201, 120(B), 504, 114 r/w 149 of IPC and
Section 3(2)(V) of SC and ST Act, 1989 came to be
rejected.
2. Heard learned counsel for appellants and learned
HCGP for respondent No.1 - State. Learned counsel for
respondent No.2 is absent.
CRL.A No. 2180 of 2022
3. 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
of the villagers decided to catch them red hand when they
were committing theft. Pursuant to the same, both were
CRL.A No. 2180 of 2022
caught and they were assaulted severely and consequently
they died. The dead bodies were found.
4. Sofar 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, rather it was
found that the deceased probably the accused thought of
teaching them a lesson. Accused Nos.18, 20, 21, 22, 25
and 29, who are alleged to have instigated the said
accused to beat the deceased have been granted bail by
this Court in Crl.A. No.1965/2022 dated 15.12.2022 and
Crl.A. No.2105/2022 dated 05.01.2023. As the
chargesheet is filed, the appellants are not required for
CRL.A No. 2180 of 2022
custodian purpose. The appellants were in judicial custody
since 29.04.2022 and 02.05.2022.
5. In view of the facts and circumstances, the appeal
deserves to be allowed with stringent conditions and
proceed to pass the following,
ORDER
Appeal is allowed.
The order passed by the III Addl. District and
Sessions Judge, Tumakuru in Crl.Misc. No.1342/2022 and
in Crl.Misc. No.1259/2022 both dated 15.10.2022 are set
aside. Appellants/ accused No.14 and 17 shall be released
on bail, subject to following conditions.
1) Appellants/ accused Nos.14 and 17 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. 2180 of 2022
2) They shall not tamper with the evidence
collected by the investigating officer and
threaten the witnesses.
3) They shall regularly appear before the Trial
Court till conclusion of the trial.
4) They 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
LL
