Karnataka High Court
Naveen @ Kulla Mindri vs The State Of Karnataka on 2 November, 2023
Bench: Mohammad Nawaz
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NC: 2023:KHC:38795
CRL.A No. 999 of 2023
C/W CRL.A No. 1402 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL APPEAL NO. 999 OF 2023
C/W
CRIMINAL APPEAL NO. 1402 OF 2023
IN CRL.P 999/2023
BETWEEN:
1. NAVEEN @ KULLA MINDRI,
S/O HANUMANTH,
AGED ABOUT 23 YEARS,
R/AT NO.53, 14TH CROSS,
BALAJI NAGAR, TIGALARAPALYA,
BENGALURU - 560 002.
2. ROHIT,
S/O YOGESH,
Digitally
signed by AGED ABOUT 20 YEARS,
SUMITHRA R R/AT NO.06, RAJEEV GANDHI CIRCLE, LAGGERE
Location: MAIN ROAD,
High Court of
Karnataka BENGALURU - 560 058.
(AMENDED THE CAUSE TITLE ORDER DATED
14.06.2023 AND DELETED THE APPELLANT
NO.2 AS PER THE ORDER)
...APPELLANTS
(BY SRI. SUNIL KUMAR S, ADVOCATE)
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CRL.A No. 999 of 2023
C/W CRL.A No. 1402 of 2023
AND:
1. THE STATE OF KARNATAKA,
BY RAJGOPALNAGAR P. S,
REPRESENTED BY LEARNED
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING COMPLEX,
BENGALURU - 560 001.
2. SMT. SITAMMA,
D/O NARASAMMA,
AGED BOUT 50 YEARS,
R/AT NO.193, 5TH CROSS,
KASTURI NAGAR, RAJAGOPALANAGAR
BENGALURU - 560 058.
...RESPONDENTS
(BY SRI. B. LAKSHMAN, HCGP FOR R1;
R2 - SERVED, UNREPRESENTED)
THIS CRL.A IS FILED U/S 14A(2) OF SC AND ST (POA)
ACT PRAYING TO SET ASIDE THE ORDER DATED 25.03.2023 IN
SPL.C.NO.646/2021 PASSED BY THE HONBLE LXX ADDL. CITY
CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE (CCH-71)
AT BENGALURU AND ENLARGE THE APPELLANTS / ACCUSED
NO.6 ON BAIL IN CR.NO.6/2021 OF RAJAGOPALANAGAR P.S.
FOR OFFENCES P/U/S 143, 147, 148, 307, 302, 504, 120(B),
201 R/W 149 OF IPC, SEC. 25 1B(b) OF ARMS ACT AND SEC.
3(2)(v) OF THE SC/ST (POA) ACT, 1989 WHICH IS NOW
PENDING BEFORE THE HONBLE LXX ADDL. CITY CIVIL AND
SESSIONS JUDGE AND SPECIAL JUDGE (CCH-71) IN
SPL.C.NO.646/2021, ON SUCH TERMS AND CONDITIONS.
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NC: 2023:KHC:38795
CRL.A No. 999 of 2023
C/W CRL.A No. 1402 of 2023
IN CRL.P 1402/2023
BETWEEN:
ABHISHEK @ CHANDRA
@ KALLA ABHI @ KULLA ABHI,
S/O SHIVASHANKARAPPA,
AGED ABOUT 22 YEARS,
R/AT WHOLESALE BAR DOWN,
GANGONDANAHALLI,
BENGALURU - 560 073.
...APPELLANT
(BY SRI. SUNIL KUMAR S, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
BY RAJGOPALNAGAR P. S,
REPRESENTED BY LEARNED
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING COMPLEX,
BENGALURU - 560 001.
2. SMT. SITAMMA,
W/O NARASAIAH,
AGED BOUT 50 YEARS,
R/AT NO.193, 5TH CROSS,
KASTURI NAGAR, RAJAGOPALANAGAR,
BENGALURU - 560 058.
...RESPONDENTS
(BY SRI. B. LAKSHMAN, HCGP FOR R1;
R2 - SERVED, UNREPRESENTED)
THIS CRL.A IS FILED U/S 14A(2) OF SC/+ST (POA) ACT
PRAYING TO SET ASIDE THE ORDER DATED 25.03.2023 IN
SPL.C.NO.646/2021 PASSED BY THE LXX ADDL. CITY CIVIL
AND SESSIONS JUDGE AND SPECIAL JUDGE (CCH-71),
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CRL.A No. 999 of 2023
C/W CRL.A No. 1402 of 2023
BENGALURU AND ENLARGE THE APPELLANT / ACCUSED NO.10,
7 ON BAIL IN CR.NO.6/2021 OF RAJAGOPALANAGAR P.S. FOR
OFFENCES P/U/S 143, 147, 148, 307, 506, 302, 504, 120(B),
201 R/W 149 OF IPC, SEC. 25 1B(b) OF ARMS ACT AND SEC.
3(2)(v) OF THE SC/ST (POA) ACT WHICH IS NOW PENDING ON
THE FILE OF LXX ADDITIONAL CITY CIVIL AND SESSIONS
JUDGE AND SPECIAL JUDGE (CCH-71) IN SPL.C.NO.646/2021.
THESE APPEALS, COMING ON FOR ADMISSION, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
These two appeals are preferred under Section 14A (2) of
Scheduled Castes and Scheduled Tribes (Prevention of
Attrocities) Act, 1989, (for short SC/ST Act) to set aside the
order dated 25.03.2023 passed by the LXX Additional City Civil
and Sessions Judge and Special Judge, Bengaluru (CCH-71) in
Spl.Case.No.646/2021 and to enlarge the appellants on bail in
Cr.No.6/2021 of Rajagopalanagara Police Station.
2. Heard the learned counsel for the appellants and
learned High Court Government Pleader for the respondent-
State and perused the material on record.
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C/W CRL.A No. 1402 of 2023
3. Respondent No.2/defacto complainant has been
served, but there is no representation.
4. The charge sheet is filed against accused Nos.1 to
18 for the offence punishable under Sections 143, 147, 148,
307, 302, 504, 120(B), 201 r/w 149 of IPC and Sections
3(2)(V) of SC and ST Act and Section 25 1B(b) read with 4 of
the Arms Act, 1959. The appellants are arraigned as accused
Nos.6 and 10 respectively, in the charge sheet.
5. In brief, it is the case of the prosecution that there
was previous enmity between one Bharath @ Slum Bharath, a
rowdy element and Srinivas, deceased in this case. There were
cases registered against the said Bharath on the complaints
lodged by deceased Srinivas. The said Bharath died in a police
encounter and therefore his sister i.e., accused No.18 and her
associates were nurturing ill will against the deceased. In order
to commit his murder, the said accused hatched a conspiracy
and in furtherance of the same, on 09.01.2021, the accused
persons traveled in two wheelers and came near an under
construction building situated at Kasturi layout, wherein the
deceased was present. Accused Nos.1 to 13, 16 and 17
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dragged the deceased out of the said building, accused No.13
hit him with a chair, accused Nos.1 to 13, 16 and 17 assaulted
him indiscriminately with deadly weapons and committed his
murder.
6. The learned counsel for the appellants has
contended that the complainant is none other than the sister
of the deceased and she is an eyewitness to the incident, but
she has not named the petitioners in the first information
report. He contends that the appellants are innocent and they
are falsely implicated in this case alleging that they were also
present at the scene of offence and assaulted the deceased.
He contends that similarly placed accused have been enlarged
on bail and therefore, the appellants are also entitled for the
relief of bail on the ground of the parity. It is also the
contention of the learned counsel for appellants that one
of the accused shown as accused No.5 in the FIR, by name
Shashi was not charge sheeted and petitioners who are
not named in the FIR has been falsely charge sheeted. He
further submits that the complainant who has been examined
before the Trial Court has turned hostile and not supported the
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C/W CRL.A No. 1402 of 2023
case of prosecution. He therefore submits that the appellants
who are languishing in judicial custody from 17.02.2021 may
be enlarged on bail on similar conditions imposed against other
similarly placed accused who have been enlarged on bail by this
Court.
7. Learned High Court Government Pleader has
contended that the incident has occurred in a broad day light
and there are several eye witnesses. He contends that the
appellants are rowdy sheeters against whom, there are number
of criminal cases registered. Therefore, contends that in the
event of grant of bail to the appellants, they may tamper with
the prosecution witnesses and thereby hamper the case of
prosecution and they may also flee from justice. Therefore,
seeks to reject the prayer of the appellants.
8. I have perused the contents of the FIR. The
complaint is lodged by one Smt.Sitamma. She is the
sister of the deceased. FIR is registered against accused
Nos.1 to 6. The names of the appellants, who are
arraigned as accused Nos.6 and 10 in the charge sheet are
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not spelt in the FIR. The prosecution has recorded the
statements of eye witnesses namely CWs.12 to 14, 19 to
24. The eye witnesses have named the accused persons
who participated in the crime including the appellants
herein.
9. It is contended by the learned counsel for the
appellants that the eye witnesses are got up witnesses.
He has contended that the statements of CWs.12 to 14 are
recorded after four days and the statements of CWs.19 to
24 are recorded after nine days. Be that as it may, it is
not in dispute that accused Nos.7 to 9 and 11 to 18 are
enlarged on bail by this Court. The learned counsel for the
appellants have furnished copies of the orders passed in
Crl.A. No.2179/2022 dated 20.02.2023, Crl.A.No.68/2023
dated 31.01.2023, Crl.A No.1464/2023 dated 14.09.2023,
Crl.A.No.1864/2022 dated 29.11.2022, Crl.A
No.2228/2022 dated 30.03.2023, Crl.A. No.2280/2022
dated 12.01.2023 and Crl.A.No.827/2023 dated
01.08.2023. Vide said orders, the co-ordinate benches of
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C/W CRL.A No. 1402 of 2023
this Court has enlarged accused Nos.7 to 9, 11 to 18 on
bail.
10. Considering the above facts and circumstances
and considering that the names of the appellants are not
in FIR and similarly placed accused are enlarged on bail by
the coordinate Benches of this Court, the prayer of the
appellants can be considered by imposing conditions.
Accordingly, the following
ORDER
Appeals are allowed.
Appellants/accused Nos.6 and 10 in
Spl.C.No.646/2021 pending on the file of the Court of LXX
Additional City Civil and Sessions Judge and Special Judge
at Bengaluru (CCH-71), arising out of Crime No.6/2021 of
Rajagopal Nagar Police Station shall be enlarged on bail,
subject to following conditions.
i. The appellants shall execute a personal
bond for a sum of Rs.2,00,00/-
(Rupees Two Lakhs only) with two
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sureties for the like-sum to the
satisfaction of the trial Court.
ii. He shall furnish proof of his residential
address and shall inform the Court if
there is any change in the address.
iii. He shall not tamper with the
prosecution witnesses either directly or
indirectly.
iv. He shall not leave the jurisdiction of the
trial court, without the prior permission
of the learned Sessions Judge.
v. He shall appear before the trial court
on all dates of hearing without fail.
Sd/-
JUDGE
rv,HB
CT: BHK
