Karnataka High Court
Sri Srinivasa T R vs The State Of Karnataka on 13 March, 2023
Bench: Mohammad Nawaz
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CRL.A No. 277 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL APPEAL NO. 277 OF 2023
BETWEEN:
SRI SRINIVASA T R
S/O RAJANNA T.H.
AGED ABOUT 32 YEARS,
WORKING AS COMPUTER PROGRAM OPERATOR,
ON CONTRACT BASIS AT B.E.O. OFFICE,
TARIKERE R/O CHOWDESHWARI COLONY,
TARIKERE TOWN AND TALUK,
CHIKKAMAGALURU.
Digitally ...APPELLANT
signed by
GAYATHRI P (BY SRI. VENKATESHA T S., ADVOCATE)
G
Location: High AND:
Court of
Karnataka
1. THE STATE OF KARNATAKA
BY TARIKERE POLICE STATION,
CHIKKAMAGALURU,
TARIKERE - 577 228
REPRESENTED BY SPP,
HIGH COURT OF KARNATAKA,
HIGH COURT BUILDING,
BANGALORE-560001.
2. SRI SHEKAR
S/O SANNAPPA,
AGED ABOUT 52 YEARS,
AGRICULTURIST, R/O 2ND CROSS,
BIRUR ROAD, (B.H. ROAD, OPP. CHURCH)
TARIKERE TOWN, TARIKERE 577 228.
...RESPONDENTS
(BY SRI.K.NAGESHWARAPPA, HCGP FOR R-1/STATE;
R-2 SERVED AND UNREPRESENTED)
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CRL.A No. 277 of 2023
CRL.A. FILED U/S.14(A) (2) OF SC/ST (POA) ACT, 2015
BY THE ADVOCATE FOR THE APPELLANT/S PRAYING THAT THIS
HONBLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER
DATED 02.01.2023 IN CR.NO.253/2022 PASSED BY THE
HONBLE I ADDITIONAL DISTRICT AND SENIOR JUDGE,
CHIKKAMAGALURU AND ENLARGE THE ACCUSED NO.8
(APPELLANT) ON BAIL REGISTERED VIDE CRIME NO.253/2022
IN TARIKERE POLICE STATION TARIKERE ON THE FILE OF THE
HONBLE I ADDITIONAL DISTRICT AND SPECIAL JUDGE
CHIKKAMAGALURU FOR THE OFFENCE
P/U/S.143,144,147,148,302 R/W SEC.149 OF IPC AND
U/S.3(2)(va),3(2)(vii) OF SC/ST (POA) BY ALLOWING THIS
APPEAL.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is preferred by accused No.8 against the
order dated 02.01.2023 passed by the Court of I
Additional Sessions and Special Judge, Chikkamagaluru in
Crime No.253/2022, whereby the petition filed under
Section 439 of Cr.P.C. has been dismissed.
2. Heard the learned counsel for the appellant and
learned High Court Government Pleader for respondent
No.1/State.
CRL.A No. 277 of 2023
3. Learned HCGP has filed a memo stating that
respondent No.2/De-facto complainant has been served.
4. Case in crime No.253/2022 was registered at
Tarikere Town Police Station, under Section 302 read with
Section 34 of IPC on a complaint lodged by one
Sri.Shekar, father of deceased-Omkar. It is alleged that
on 20.11.2022 at about 6.00 pm when his deceased son
was in the house, his friends namely Sunil and Vijay came
to the house telling him to accompany them to discuss
about some financial matters. Thereafter, at about 10.45
pm father of Sunil came and informed him that someone
has assaulted his son. Immediately, he went to one
Vasuda Hospital, wherein he met his relative Anand and a
friend Satish, who informed that, when they were walking
near APMC Godown they saw deceased Omkar along with
his friends Sunil and Vijay and others. Further informed
that, his son has been shifted to the Government Hospital,
Tarikere. Thereafter complainant went to the said hospital
CRL.A No. 277 of 2023
and saw his son with bleeding injuries on his head. The
Doctor informed that his son is no more.
5. It is alleged in the complaint that, there was
some financial dispute between deceased Omkar and his
friends namely, Sunil and Vijay and in this regard quarrel
had taken place.
6. F.I.R. was initially registered against Sunil,
Vijay and others. During the course of investigation the
said accused were arrested and their voluntary statements
were recorded. Further, the statement of one eye witness
namely, Sri.M.K.Pradeep Kumar was also recorded on
22.11.2022 wherein, he has stated that he has seen the
accused persons quarrelling with each other at about
10.15 pm on 20.11.2022.
7. It is contended by the learned counsel for the
appellant/accused No.8 that there is no material against
the appellant and he has been implicated in a false case.
He contends that name of the appellant is not in the F.I.R.
CRL.A No. 277 of 2023
but subsequently, he has been implicated on the voluntary
statement of the co-accused. He contends that the
statement of the eye witness is recorded after an
inordinate delay of two days and therefore his statement
cannot be believed. He submits that the appellant is in
judicial custody from 23.11.2022 and now investigation is
completed and therefore by imposing any conditions the
appellant may be admitted to bail.
8. The learned HCGP has opposed the prayer
contending that, appellant along with other accused
persons have committed murder and the offence alleged
being punishable with death or imprisonment of life, the
appellant is not entitled for bail. He contends that the
learned Sessions Judge after considering the entire
materials on record has rightly rejected the prayer seeking
bail. Therefore, he seeks to reject the appeal.
9. The case of the prosecution is that, on account
of some financial dispute, accused Nos.1 and 2 with an
ulterior motive, came near the house of the deceased on
CRL.A No. 277 of 2023
20.11.2022 at about 6.00 pm and took him along with
them and thereafter picked up quarrel with him near
APMC, Tarikere Town and assaulted him with beer bottle,
brick etc, on account of which deceased sustained injuries
and later died in the hospital. According to prosecution,
the appellant herein has assaulted the deceased with
hands and legs. As per post mortem report, death is due
to shock and hemorrhage, secondary to injuries sustained
over head.
10. The learned Sessions Judge has rejected the
prayer seeking bail mainly on the ground that, the alleged
incident took place in furtherance of common object of
accused Nos.1 to 9 and the statement of the eye witness
reveal the involvement of the accused persons. Further,
the Investigating Officer in his report has stated that the
release of accused persons will cause hindrance to the
investigations and the investigation is pending and
therefore at this stage, the accused is not entitled for bail.
CRL.A No. 277 of 2023
11. Now it is submitted that the investigation is
completed and charge sheet is filed. Hence, the
appellant/accused No.8 is permitted to approach the
Sessions Court by filing a fresh petition under Section 439
of Cr.P.C. If any such petition is filed, the same shall be
disposed of by the learned Sessions Judge, without being
influenced by any of the observations made herein above.
All the contentions of the appellant are kept open.
Appeal is dismissed.
Sd/-
JUDGE
GPG
