Karnataka High Court
Santhosh Kumar @ Santhosh @ Sathya vs The State Of Karnataka on 14 September, 2023
Bench: Shivashankar Amarannavar
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NC: 2023:KHC:33281
CRL.A No. 1439 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. 1439 OF 2023
BETWEEN:
SANTHOSH KUMAR
@ SANTHOSH @ SATHYA,
S/O ANANDA,
AGED ABOUT 23 YEARS,
R/AT NO.48, TEMPLE BESIDE,
CHIKKAYANACHATRA,
PERMANENT R/AT
BASAVANAGUDI BLOCK,
NANJANGUD TOWN AND TALUK,
MYSURU DISTRICT - 570 301.
...APPELLANT
(BY SRI. VEERABHADRA SWAMY H.P., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
BY YELANDURU POLICE STATION,
Digitally signed by
LAKSHMINARAYANA CHAMARAJANAGAR DISTRICT,
MURTHY RAJASHRI
Location: HIGH
REPT. BY STATE PUBLIC PROSECUTOR,
COURT OF HIGH COURT OF KARNATAKA,
KARNATAKA
BANGALORE - 560 001.
2. SRI. MALLAIAH,
S/O DODDAIAH,
AGED ABOUT 63 YEARS,
R/AT HONNASHETTARAHUNDI VILLAGE,
GUNDLUPET TALUK,
CHAMARAJANAGAR DISTRICT - 571 111.
...RESPONDENTS
(BY SRI. RANGASWAMY R., HCGP FOR R1;
R2 SERVED AND UNREPRESENTED)
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CRL.A No. 1439 of 2023
THIS CRL.A IS FILED U/S.14(A)(2) OF SC/ST (POA) ACT
PRAYING TO SET SIDE THE ORDER DATED 04.07.2023 AND
RELEASE THE APPELLANT ON BAIL IN SPL.C.NO.82/2023 FOR
THE OFFENCE P/U/S 302, 201 AND 120(B) R/W 34 OF IPC AND
SECTION 3(2)(v)(va) OF SC/ST (POA) ACT, PENDING BEFORE
THE PRINCIPAL DISTRICT AND SESSIONS JUDGE,
CHAMARAJANAGARA, THE COMPLAINT FILED BY THE
RESPONDENT YELANDUR POLICE BY ALLOWING THIS BAIL
APPLICATION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed praying to set aside the order
dated 04.07.2023 passed in S.C.No.82/2023 by the
Principal District and Sessions Judge, Chamarajanagara,
where under the bail application of this appellant/accused
No.1 sought in respect of Crime No.24/2023 of Yalandur
Police Station for the offences punishable under Section
302, 201, 120(B) r/w 34 of Indian Penal Code, and Section
3(2)(V)(Va) of the Schedule Cast/Schedule Tribe
(prevention of Atrocities) Act, 1989 came to be rejected.
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2. Heard learned counsel for the appellant/accused
No.2 and learned High Court Government Pleader for
respondent No.1/State. In spite of service of notice to
respondent No.2/Complaiant remained absent and
unrepresented.
3. The case of the prosecution is that, the deceased
Somesh belongs to schedule cast community and the
appellant/accused No.1 knew the same. The deceased
Somesh expressed his intention to sleep with the sister of
the appellant/accused No.1 and therefore, the
appellant/accused No.1 decided to murder the deceased
Somesh. He informed the same to his aunt's son i.e.
accused No.2. The accused No.2 asked to the
appellant/accused No.1 to bring the deceased Somesh to
Yalandur. On 27.02.2023 the appellant/accused No.1
brought Somesh to Yalandur on motor vehicle which is not
having number plate and met the accused No.2. Both
accused Nos.1 and 2 took the deceased Somesh to
Renukamba Bar and made the deceased to consume
alcohol and thereafter, all three went near Junior College
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CRL.A No. 1439 of 2023
of Yanlandur. The accused No.2 went to the shop of CW-
9 and brought one rod from the said Gujari shop. All three
went to near Kesthuru Cross Kabini Channal to the land
bearing Sy.No.207/2B2 and the accused No. 2 assaulted
the deceased Somesh by rod on his head and the
appellant/accused No.1 assaulted the deceased Somesh on
his face and other parts of the body and committed his
murder. Thereafter, the appellant/accused No.1 has
written the chits stated deceased himself is reason for his
death. Charge sheet came to be filed against accused
Nos.1 and 2 for the aforesaid offences. The
appellant/accused No.1 came to be arrest on 03.03.2023
and he is in judicial custody. The appellant/accused No.1
has filed bail application in S.C. No. 82/2023 and same
came to be rejected by the impugned order dated
04.07.2023. The said order is challenged in this appeal by
the appellant/accused No.1.
4. Learned counsel for the appellant/accused No.1
would contend that the complaint came to be filed against
unknown person by the father of the deceased Somesh.
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CRL.A No. 1439 of 2023
The charge sheet came to be filed against two accused
persons. There are no eye witnesses to the incident and
the case of the prosecution is based on circumstantial
evidence. The accused No.2 made extra judicial
confession over phone call to one Chandru(CW-5) and who
has recorded the same conversation in his mobile and his
statement is also recorded under Section 164 of Cr.P.C.
The only circumstances against this appellant/accused
No.1 is that he has last seen with the deceased Somesh
and accused No.2 on 27.02.2023 at about 2.07p.m in
Renukamba Bar. As the charge sheet is filed and as the
case of the prosecution is based on circumstantial
evidence, it is for prosecution to establish each of the
circumstance at the trial. Without considering these
aspects the learned Special judge has erred in rejecting
the bail application of the appellant/accused No.1 which
requires interference by this Court. With this he prayed to
allow the appeal and grant bail to the appellant/accused
No.1.
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5. Per contra, learned High Court Government
Pleader would contend that the offences alleged against
the appellant/accused No.1 are heinous offences. Two
staffs of Renukamba Bar have seen the deceased Somesh
along with accused Nos. 1 and 2 on 27.02.2023 and it is
recorded in CCTV footage. The chits were found on the
spot and writing in those chits is hand writing of the
appellant/accused No.1 as per report of the hand writing
expert. There are several injuries found on the dead body
of the deceased which are noted in the post mortem
report. On perusal of charge sheet material there is prima
facie case against this appellant/accused No.1 for offences
alleged against him. With this he prays to dismiss the
appeal.
6. Having heard learned counsel for the
appellant/accused No.1 and learned High Court
Government Pleader, this Court has gone through the
impugned order and charge sheet material.
7. The motive alleged against this
appellant/accused No.1 is that the deceased Somesh
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expressed his intention to sleep with his sister and
therefore, the appellant/accused No.1 with the help of the
accused No.2 committed the murder of the deceased
Somesh. The accusation in the charge sheet is that
accused Nos.1 and 2 took the deceased and assaulted him
with rod on his head and other parts of the body and
committed his murder. There are no eye witnesses to the
incident and the case of the prosecution is based on
circumstantial evidence. The two circumstances against
this appellant/accused No.1 are that he is last seen with
the deceased and accused No.2 in the Renukamba Bar by
the staff of the Renukamba Bar on 27.02.2023 at about
2.07p.m and it is recorded in the CCTV footage. The other
circumstance is that the chits were found on the spot
contained hand writing of this appellant/accused No.1.
There is no recovery of any article at the instance of this
appellant/accused No.1 as the case is based on
circumstantial evidence. The prosecution is to prove each
of the circumstances at the trial. As charge sheet is filed,
the appellant/accused No.1 is not required for custodial
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interrogation. Without considering all these aspects the
learned Special Judge has erred in rejecting the bail
application of this appellant/accused No.1. 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) The appeal is allowed.
ii) The impugned order dated 04.07.2023 passed
in S.C.No.82/2023 by the Principal District and
Sessions Judge, Chamarajanagara is set aside.
The bail application of the appellant/accused
No.1 stands allowed. The appellants/accused
No.1 is ordered to be released on bail in Crime
No.24/2023 of the Yalandur Police Station,
subject to the following conditions;
a. The appellant-accused No.1 shall execute a
personal bond for a sum of Rs.1,00,000/-
(Rupees One Lakh only) with one surety
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for the likesum to the satisfaction of the
trial Court;
b. The appellant-accused No.1 shall not
threaten the complainant or tamper
prosecution witnesses.
c. The appellant-accused No.1 shall appear
before the trial Court on all dates of
hearing unless exempted and cooperate
for speedy disposal of the case.
Sd/-
JUDGE
DSP
CT:SNN
