Karnataka High Court
Veerabahu vs The State Of Karnataka on 12 October, 2023
Bench: Shivashankar Amarannavar
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NC: 2023:KHC:37280
CRL.A No. 1604 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL NO. 1604 OF 2023
BETWEEN:
VEERABAHU,
S/O SUBRAMANYAN,
AGED 39 YEARS, R/AT NO 10B,
PERUMAL KOVIL STREET,
PATAMADAI, AMBASAMUDRAM,
KESAVASAMUTIRAM,
CHARAMADEVI TALUK,
TIRUNELVELI DISTRICT,
TAMIL NADU STATE 641037
...APPELLANT
(BY SRI P.P HEGDE, SENIOR SONSEL FOR
SRI AKSHAY KUMAR JAIN., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
THROUGH KARKALA RURAL POLICE STATION,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
Digitally signed by
HIGH COURT OF KARNATAKA,
LAKSHMINARAYANA
MURTHY RAJASHRI
BANGALORE-560 001.
Location: HIGH
COURT OF 2. PRAVEEN POOJARI,
KARNATAKA
AGED 22 YEARS,
S/O JAYA POOJARI,
R/AT NEAR SUMMA BANA,
BANATHAPALKE, ANGARABETTU,
PAJINADKA, BAJAGOLI POST,
MUDARA VILLAGE, KARKALA TALUK,
UDUPI DISTRICT 574122
...RESPONDENTS
(BY SRI. M. DIVAKAR MADDUR , HCGP FOR R1;
R2 SERVED AND UNREPRESENTED)
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CRL.A No. 1604 of 2023
THIS CRL.A. IS FILED U/S.14(A) (2) OF SC/ST (POA)
ACT, 2015 PRAYING TO SET ASIDE THE ORDER DATED
23.06.2023 IN SPL.C.NO.23/2023 PASSED BY PRINCIPAL
SESSIONS JUDGE AND P.O, SPECIAL COURT AT UDUPI
REJECTING THE BAIL APPLICATION OF ACCUSED/APPELLANT
AND ETC,.
THIS APPEAL, COMING ON FOR ADMISSION THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal filed by the sole accused praying to set
aside the order dated 23.06.2023 passed in
Spl.C.No.23/2023 by the Principal Sessions Judge and
P.O., Special Court, Udupi, whereunder the bail application
of appellant/accused sought in respect of Crime
No.11/2023 of Karkala Police Station registered for the
offences punishable under Section 302 of IPC and Section
3(2)(v) of SC/ST (POA) Act, 1989 came to be rejected.
2. Heard the arguments of learned Senior Counsel
for appellant/accused and learned High Court Government
Pleader for respondent No.1-State. Inspite of service of
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CRL.A No. 1604 of 2023
notice respondent No.2 remained absent and
unrepresented.
3. The case of the prosecution is that on 30.01.2023
the appellant/accused along with co-driver came from
Tamilnadu with a load of cashew to Sridevi Cashew
Factory at Mudsalu Village. As the appellant/accused
reached the factory at about 5.30p.m it was not possible
to unload the lorry. Hence, they had parked the lorry in
the parking area of the Factory. At about 8.30P.M the
informant who was working in the Factory on hearing the
screaming of a person went to the source of screaming
and found deceased Mani, the driver of the lorry was lying
dead near lorry No.TN-69-BE-7279 with injury on the left
side of collar bone. He had also found the deceased was
strangled with blue coloured shawl. On enquiry with other
driver he came to know that there was quarrel between
drivers and other driver committed murder. The said
complaint came to be registered in crime No. 11/2023 of
Karkala Police station for the aforesaid offences. After
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CRL.A No. 1604 of 2023
competition of the investigation charge sheet came to be
filed for the said offences. The appellant/accused came to
be arrested on 31.01.2023 and he is in judicial custody.
The appellant/accused filed bail application in
Spl.C.No.23/2023 and same came to be rejected by the
impugned order, which is challenged in this appeal.
4. Learned Senior Counsel for the appellant/accused
would contend that there are no eye witnesses to the
incident and the case of the prosecution is based on
circumstantial evidences except recovery of the knife at
instance of the appellant/accused and his finger prints
found on the knife. There are no other circumstances to
connect to the appellant/accused to the alleged crime. As
charge sheet is filed this appellant/accused is not required
for custodial interrogation. With this, he prays to allow the
appeal and grant bail to the appellant/accused.
5. Per contra, learned High Court Government
Pleader would contend that in the quarrel between the
appellant/accused and the deceased with regard to
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CRL.A No. 1604 of 2023
watching video in the mobile, the appellant/accused
assaulted the deceased with knife on his chest and caused
injury and deceased died. The knife has been recovered at
instance of the appellant/accused and it contains blood
stains. The clothes of the accused were recovered under
mahazar which also contains blood stains. The Doctor who
conducted the post mortem examination of the dead body
of the deceased has found two injuries and he has opined
that death is due to hemorrhage secondary to stab injury
sustained to the chest. The said doctor was also
examined the Knife seized and opined that it can cause the
injury found on the dead body of the deceased. The
charge sheet show prima facie case against this
appellant/accused for offences alleged against him.
Considering all these aspects learned Sessions
Judge/Special Judge has rightly rejected the bail
application of this appellant/accused. With this, he prays
for dismissal of the appeal.
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CRL.A No. 1604 of 2023
6. Having heard learned Senior Counsel for the
appellant/accused and learned High Court Government
Pleader, this Court has gone through the impugned order
and charge sheet materials.
7. The accusation against this appellant/accused is
that he and deceased were co-drivers in the lorry and
when they parked their lorry in the parking area of Sridevi
Cashew Factory there was quarrel between them with
regard to watching of video in the mobile. In that quarrel
the appellant/accused stabbed with knife used for cutting
vegetables on the chest of the deceased and caused death
of the deceased. There are no eye witnesses to the
incident and the case of the prosecution is based on the
circumstantial evidences. There is recovery of knife at
instance of this appellant/accused which was found near
quarry stone at distance of 50 ft from the spot. The said
knife is found with blood stain and having finger prints of
this appellant/accused. The clothes of the deceased seized
under mahazar were also found blood strains. The doctor
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CRL.A No. 1604 of 2023
who conducted post mortem examination of the dead body
of the deceased has found two injuries on the dead body
and he has opined that death is due to hemorrhage
secondary to stab injury sustained to the chest. The doctor
further opined on examination of the knife that it can
cause injury found on the dead body. The entire case of
the prosecution based on circumstantial evidences. The
prosecution has to prove each of the circumstances to
establish the guilt of the appellant/accused. As the charge
sheet is filed this appellant/accused is not required for
custodial interrogation. There is no motive alleged against
this appellant/accused to kill the deceased. The alleged
incident has occurred in sudden quarrel between the
appellant/accused and the deceased. There are no criminal
antecedents of this appellant/accused. Without considering
all these aspects learned Session Judge/Special Judge has
passed impugned order, which requires interference by
this Court.
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CRL.A No. 1604 of 2023
8. The appellant/accused No.1 has made out grounds
for setting aside the impugned order and grant of bail. In
the result, following
ORDER
i) Appeal is allowed.
ii) The impugned order dated 23.06.2023 passed
in Spl.C.No.23/2023 by the Principal Sessions
Judge and P.O., Special Court, Udupi is set
aside. The bail petition is allowed. The
appellant/accused is ordered to be released on
bail in Crime No.11/2023 of Karkala Police
Station, subject to following conditions:
a. The appellant-accused shall execute 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 Trial
Court.
b. The appellant-accused shall not threaten
the complainant or tamper the prosecution
witnesses.
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CRL.A No. 1604 of 2023
c. The appellant-accused shall appear before
the trial court on all the dates of hearing
unless exempted and co-operate for speedy
disposal of the case.
Sd/-
JUDGE
DSP
