Ramesh Ugarkar vs State Of Karnataka And Anr
2023 Latest Caselaw 4896 Kant

Citation : 2023 Latest Caselaw 4896 Kant
Judgement Date : 27 July, 2023

Karnataka High Court

Ramesh Ugarkar vs State Of Karnataka And Anr on 27 July, 2023

Bench: Hemant Chandangoudarpresided Byhcj

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                                                      NC: 2023:KHC-K:5876
                                                      CRL.A No. 200165 of 2023




                                IN THE HIGH COURT OF KARNATAKA,

                                       KALABURAGI BENCH

                              DATED THIS THE 27TH DAY OF JULY, 2023

                                             BEFORE
                        THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR

                               CRIMINAL APPEAL NO.200165 OF 2023
                   BETWEEN:

                   1.    SRI RAMESH S/O GOVIND UGARKAR
                         AGED ABOUT 27 YEARS, OCC: DRIVER
                         R/O CHATTARAKI, TQ. SINDAGI
                         VIJAYAPURA DISTRICT
                         NOW AT S.R. COLONY, VIJAYAPURA

                                                                 ...APPELLANT

                   (BY SRI. KULKARNI SHRINATH, ADVOCATE)

                   AND:

                   1.    STATE OF KARNATAKA
Digitally signed
                         BY VIJAYAPURA RURAL POLICE STATION
by LUCYGRACE
Location: HIGH
                         REPRESENTED BY
COURT OF
KARNATAKA
                         ADDL. SPECIAL PUBLIC PROSECUTOR
                         HIGH COURT OF KARNATAKA
                         HIGH COURT BUILDING, KALBURGI-585 103

                   2.    SRI AMOGHINCHUR S/O OGEPPA
                         AGED ABOUT 21 YEARS, R/A. YOGAPUR COLONY
                         NEAR SAI BABA TEMPLE, VIJAYAPURA-586 101

                                                             ...RESPONDENTS

                   (SRI. GURURAJ V. HASILKAR, HCGP FOR R1;
                   NOTICE TO R2 - SERVED)
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                                        NC: 2023:KHC-K:5876
                                        CRL.A No. 200165 of 2023




      THIS CRL.A IS FILED U/SEC. 14-A OF SC/ST (PA) ACT,
PRAYING TO SET ASIDE THE ORDER PASSED BY THE
II ADDL. DISTRICT AND SESSIONS (SPECIAL JUDGE),
VIJAYAPURA IN CRL. MISC. NO.42/2023, VIDE ORDER DATED
24.01.2023, PRODUCED AT DOCUMENT-3 AND GRANT THE
RELIEF OF BAIL IN CRIME NO.275/2022, NOW SPL. CASE
NO.53/2022, REGISTERED BY VIJAYAPURA RURAL PS, FOR
THE OFFENCES PUNISHABLE U/SEC. 143, 147, 148, 307, 323,
324, 302, 504, 506 AND 149 OF THE INDIAN PENAL CODE AND
3(2)(V) OF SC/ST (PA) ACT, 2015.

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

Appellant-accused No.3, who is sought to be prosecuted for the offences punishable under Sections 143, 147, 148, 307, 323, 324, 302, 504, 506 R/w Section 149 of IPC and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015 has filed this appeal under Section 14-A of the SC/ST (PA) Act to enlarge him on bail

2. The case of the prosecution is that, on 20.08.2022, the complainant, his friends deceased-Ganapatising @ Ganapati and CW.14 were having tea in the hotel situated on National Highway near the Vijayapur Toll-Naka. At that time, accused Nos.1 and 2 were also having tea and accused No.1 picked up quarrel with CW.14 and told him to get up from the table as it is their table and started to abuse in filthy language. When the complainant questioned the same, accused Nos.1 and 2 assaulted him with their hands and the deceased and his friends CW.8, CW.9 and CW.10 pacified the quarrel. Later, the complainant and his friends were having tea by standing at

NC: 2023:KHC-K:5876 CRL.A No. 200165 of 2023

some distance. At that time, accused No.1 informed the accused No.5, in turn, accused No.5 informed the appellant- accused No.3 about the quarrel and all the accused persons with a common intention to commit the murder, formed an unlawful assembly and picked up quarrel with the complainant and his friends. The appellant-accused No.3 with an intention to commit the murder, assaulted the deceased with knife on his stomach and when CW.8 tired to pacify the quarrel, the appellant also assaulted him with knife and thereafter when CW.9, CW.10, CW.14 and the complainant tried to pacify the quarrel, accused No.1 assaulted CW.9 and CW.10 with rod and accused Nos.2 and 4 to 6 assaulted the complainant and CW.14 with their hands and abused them in filthy language by taking the name of their caste and also gave life threat to them. Due to the fatal injuries, Ganapatising @ Ganapati succumbed to the injuries on 22.08.2022.

3. Learned counsel for the petitioner submits that the eyewitnesses to the alleged incident have identified the petitioner-accused No.3 when he was in police custody and as such, the so called identification has no value. In support, he placed reliance on the decision of the Co-ordinate Bench of this Court in Criminal Appeal No.2518/2010, disposed of on 07.02.2014. He further submits that the police, during the course of investigation have not retrieved the footage from the C.C. TV installed in the tea shop of CW.11, which clearly implies that the appellant has been falsely implicated.

NC: 2023:KHC-K:5876 CRL.A No. 200165 of 2023

4. Learned High Court Government Pleader for the respondent-State would submit that the eyewitnesses to the incident have identified the appellant-accused No.3 and they have specifically stated each of the overt act of accused No.3 in assaulting the deceased and the injured witnesses. The charge sheet material clearly discloses the specific overt act of accused No.3 and as such, the appellant is not entitled for bail.

5. Considered the submissions made by the learned counsel for the parties.

6. The contention of the learned counsel for the appellant is that, though the CC TV was installed in the tea shop, The Investigating Officer has not seized the disc video record to verify as to whether the CC TV was working or not as on the date of the incident. His further contention is that the initial identification of the appellant-accused No.3 by the eyewitnesses to the alleged incident when he was in police custody has no evidentiary value and after the accused No.3 was implicated, he was produced before the Taluk Magistrate for the purpose of identification. The other accused, against whom it is alleged that they formed an unlawful assembly with an intention to commit the murder have been enlarged on bail by this Court as well as the learned Sessions Court.

7. In view of the above, the appellant-accused No.3 has made out a prima facie case to enlarge him on bail. Accordingly, I pass the following:

ORDER

NC: 2023:KHC-K:5876 CRL.A No. 200165 of 2023

Criminal appeal is allowed. The appellant-accused No.3 is enlarged on bail in Special Case No.53/2022, pending on the file of II Addl. District and Sessions Judge (Special Judge), Vijayapura, arising out of Crime No.275/2022 registered by Vijayapura Rural Police Station, for the offences punishable under Sections 143, 147, 148, 307, 323, 324, 302, 504, 506 R/w Section 149 of IPC and Section 3(2)(v) of the SC/ST (PA) Act, subject to the following conditions:

(a) Appellant-accused No.3 shall furnish 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 jurisdictional Court.