Karnataka High Court
Santhosh R @ Jackie @ Genarater vs The State Of Karnataka on 14 September, 2023
Bench: Shivashankar Amarannavar
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NC: 2023:KHC:33360
CRL.A No. 1408 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL NO. 1408 OF 2023
BETWEEN:
SANTHOSH. R @ JACKIE @ GENARATER,
S/O LATE RAMACHANDRA K,
AGED ABOUT 36 YEARS,
R/AT C/O RAMEGOWDA, NO. 58,
3RD CROSS, 5TH MAIN, RAJIV NAGARA,
PATEGARAPALYA, YESHWANTHPURA-2,
BANGALORE.
...APPELLANT
(BY SRI. CHANDRAPPA K. N, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
MADANAYAKANAHALLI P.S,
BANGALORE, REPRESENTED BY STATE PUBLIC
Digitally signed by PROSECUTOR, HIGH COURT OF KARNATAKA,
LAKSHMINARAYANA
MURTHY RAJASHRI BANGALORE - 560 001.
Location: HIGH
COURT OF
KARNATAKA 2. SRI. MAHADEV M,
S/O LATE MADAIAH,
AGED ABOUT 45 YEARS,
R/AT NO. 26/4, 20TH CROSS
6TH MAIN ROAD, K. P. AGRAHARA,
MAGADI ROAD, BANGALORE.
...RESPONDENTS
(BY SRI. M. DIVAKAR MADDUR, HCGP FOR R1;
R2 SERVED AND UNREPRESENTED)
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CRL.A No. 1408 of 2023
THIS CRL.A IS 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 27.07.2023 IN SPL.C.NO.506/2023 PASSED BY
THE I ADDITIONAL DISTRICT AND SESSION JUDGE, C/C II
ADDL. DISTRICT AND SESSIONS AND JUDGE AT BANGALORE
RURAL BANGALORE, AND ENLARGE THE APPELLANT ON BAIL
IN (CR.NO.540/2022) IN SPL.C.NO.506/2023 AT
MADANAYAKANAHALLI POLICE STATION OFFENCE P/U/S 302
R/W SEC. 34 OF IPC AND OFFENCE U/S 3(2)(V) OF SC/ST ACT,
PENDING ON THE FILE OF HONBLE II ADDITIONAL DISTRICT
AND SESSIONS JUDGE AT BANGALORE RURAL BANGALORE IN
THE ABOVE CASE.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by accused No.3 praying to set
aside the Order dated 27.07.2023 passed in Special case
Spl.C.506/2023 and Second Additional District and
Sessions Judge, Bengaluru Rural district, Bengaluru.
Where under the bail application of the appellant/accused
No.3 sought in respect of Crime No.540/2022 of
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CRL.A No. 1408 of 2023
Madanayakanahally Police Station for the offences under
Section 302 read with Section 34 of IPC and under
Section 3(2)(v) of SC/ST (POA) Act 1989 came to be
rejected.
2. Heard learned counsel for appellant, learned
High Court Government Pleader for R1 State. In respect of
service of notice, respondent No.2 remained absent and
unrepresented.
3. The case of the prosecution is that, on
15.11.2022 at about 07:30 p.m., one Prashanth
attempted to murder the accused No.1, in that regard
accused No.1 filed complaint and it is registered in
Cr.No.131/2019 of Kempapura Police Station. The accused
No.1 suspected that, said Prashanth was planning to kill
him by joining with Nataraj and therefore, thought of
killing the Nataraj. Accused No.1 with help of accused
Nos.2 and 3 has procured the deceased on 14.11.2022 at
Bangalore Satellite Bus stand and all of them had
consumed liquor. They took deceased at the top of the
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CRL.A No. 1408 of 2023
godown near Huliyuramma temple at Machohalli village
and in the night at about 03.45 a.m., accused No.1
assaulted deceased Nataraj with chopper about 10 to 15
times on his head, face, hands and this appellant/accused
No.3 kicked the deceased and accused No.1 took machete
kept in motor cycle and assaulted the deceased Nataraj on
his head and committed his murder. The charge sheet
came to be filed against accused Nos. 1 to 3 for offences
punishable under Section 302 of IPC and under Section
3(2)(v) of SC/ST (POA) Act 1989. That the
appellant/accused No.3 came to be arrested on
25.11.2022 and he is in judicial custody. The
appellant/accused No.3 filed bail application in
Spl.C.No.506/2023 which came to be rejected by
impugned order dated 27.07.2023 and the said order in
challenged in this appeal.
4. The learned counsel for the appellant would
contend that there is no motive for this appellant/accused
No.3 to commit the murder of deceased Nataraj, the
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CRL.A No. 1408 of 2023
motive alleged is against accused No.1. No serious
overtacts are alleged against this appellant/accused No.3.
The allegation against this appellant/accused No.3 is that,
he kicked the deceased. The serious overtacts are alleged
against accused Nos. 1 and 2 who are stated to have
assaulted the deceased with machete. The post mortem
report reveal that death is due to injury sustained. As the
charge sheet is filed, this appellant/accused No.3 is not
required for custodial interrogation. With this he prays to
allow the appeal and grant bail to the appellant/accused
No.3.
5. Per contra, the learned High Court Government
Pleader would contend that the offence alleged against this
appellant/accused No.3 is heinous offence. The
appellant/accused No.3 was present on the spot at the
time of incident and that he has kicked the deceased. If
the appellant/accused No.3 is granted bail he will threaten
the complainant and prosecution witnesses. With these he
prays to dismiss the appeal.
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CRL.A No. 1408 of 2023
6. Having heard the learned counsel for appellant
and learned High Court Government Pleader for
respondent No.1-State, this court gone through the
impugned order and charge sheet.
7. The motive alleged is against the accused No.1.
The deceased is stated to be a rowdy. The acquisition
against this appellant/accused No.3 is that he was present
at the spot and kicked the deceased. Serious overtacts are
alleged against accused Nos. 1 and 2 who are stated to
have assaulted the deceased with machete on his head
face and caused his death. The case of the prosecution is
based on circumstantial evidence. As the charge sheet
filed the appellant/accused No.3 is not required for
custodial interrogation. The prosecution has to prove each
of circumstances to establish guilt of the accused at trial.
Without considering all these aspects the learned Sessions
Judge has passed the impugned order which requires
interference by this Court. The appellant/accused
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CRL.A No. 1408 of 2023
has made out grounds for setting aside the impugned
order and grant of bail. In the result following:
ORDER
(i) The appeal is allowed.
(ii) The impugned order dated 27.07.2023 passed in
Spl.C.506/2023 by Second Additional District and
Sessions Judge Bangalore Rural district, Bangalore is
set aside.
(iii) The bail application of the appellant/accused No.3
stands allowed.
(iv) Appellant /accused No.3 is ordered to be released
on bail in crime No.540/2022 of Madanayakanhalli
Police Station subject to the following conditions:
a. The appellant/accused shall execute a personal
bond for sum of Rs.2,00,000/-(Rupees Two Lakh
only) with one surety for the likesum to the
satisfaction of the Trial Court.
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CRL.A No. 1408 of 2023
b. The appellant/accused shall not tamper with the
prosecution.
c. The appellant shall not threatened the
prosecution witnesses.
d. The appellant/accused shall attend the
jurisdiction Court on all dates of hearing unless
exempted and co-operate for a speedy disposal
of the case.
e. The appellant/accused shall not involve in
commission of any similar offence during the
pendency of the case registered against him.
Sd/-
JUDGE
LDC
CT: BHK
