Manjamma vs State By Chikkamagaluru Rural Ps
2023 Latest Caselaw 6719 Kant

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                                                              NC: 2023:KHC:34476
                                                          CRL.A No. 1185 of 2023




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 22ND DAY OF SEPTEMBER, 2023

                                               BEFORE
                      THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
                                 CRIMINAL APPEAL No. 1185 OF 2023
                      BETWEEN:

                            MANJAMMA
                            W/O LATE HANUMANTHAPPA
                            AGED ABOUT 35 YEARS, COOLIE
                            R/O SHANKARAPURA, 5TH CROSS
                            CHIKKAMAGALURU - 577 101.
                                                                    ...APPELLANT

                      (BY SRI KARTHIK SHANKARAPPA AND
                          MISS. TEJASWINI V, ADVOCATES FOR
                          SRI. SHANKARAPPA S, ADVOCATE)

                      AND:

                      1.    STATE BY CHIKKAMAGALURU RURAL PS
                            REP. BY SPP
                            HIGH COURT COMPLEX BUILDING
                            HIGH COURT OF KARNATAKA
Digitally signed by
LAKSHMINARAYANA             BANGALORE - 560 001.
MURTHY RAJASHRI
Location: HIGH
COURT OF              2.    KUM. ASHWINI C.H.
KARNATAKA
                            D/O LATE C.H. HANUMANTH ALIAS
                            HANUMANTHAPPA
                            AGED ABOUT 20 YEARS
                            5TH CROSS, SHANKARAPURA
                            CHIKKAMAGALURU - 577 101.
                                                                 ...RESPONDENTS

                      (BY SRI. RANGASWAMY R, HCGP FOR R1;
                          R2 - SERVED AND UNREPRESENTED)
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                                               NC: 2023:KHC:34476
                                           CRL.A No. 1185 of 2023




     THIS CRL.A. IS FILED U/S.14(A) (2) OF SC/ST (POA)
ACT, 2015 PRAYING TO SET ASIDE THE TRIAL COURT ORDER
DATED 17.02.2023 ON THE FILE OF THE 1ST ADDITIONAL
DISTRICT AND SESSIONS AND SPECIAL JUDGE AT
CHIKKAMAGALURU IN SPL.C.No.48/2019 AND ENLARGE THE
APPELLANT ON BAIL IN CR.No.313/2018 OF CHIKMAGALUR
RURAL P.S., IN SPL. C.No.48/2019 ON THE FILE OF 1ST
ADDITIONAL     DISTRICT     AND     SESSIONS    JUDGE,
CHIKAMAGALURU FOR OFFENCES U/S 302, 201 R/W 34 OF IPC
AND SECTION 3(2)(v) OF SC AND ST (POA) ACT.

     THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
THE COURT DELIVERED THE FOLLOWING:


                          JUDGMENT

This appeal is filed by appellant/accused No.2

praying to set aside the order dated 17.02.2023 passed in

Special Case No.48/2019 by the I Additional Sessions and

Special Judge, Chikkamagalore, whereunder the

anticipatory bail petition of appellant/accused No.2 sought

in respect of crime No.3/2018 of Chikkmagalore Rural

Police Station registered for the offences punishable under

Section under Sections 302, 201 read with Section 34 of

IPC and Section 3(2)(v) of the Scheduled Caste and

Scheduled Tribe (Prevention of Atrocities) Act, 1989 came

to be rejected.

NC: 2023:KHC:34476 CRL.A No. 1185 of 2023

2. Heard learned counsel for the appellants and

learned High Court Government Pleader for respondent

No.1/State. In spite of service of notice, respondent

No.2/complaiant remained absent and unrepresented.

3. The appellant is accused No.2 in Special Case

No. 48/2019 facing trial for the offences noted above. The

appellant/accused No.2 was granted bail and she has been

released on 30.09.2020. Thereafter, appellant/accused

No.2 did not attend the Court and she was secured by

executing NBW. Her surety filed application to withdraw

her suretyship which was allowed by the Court. The

appellant/accused No.2 was taken in judicial custody on

19.01.2023. The appellant/accused No.2 filed a bail

application and same came to be rejected by the

impugned order 17.02.2023, which is challenged in this

appeal.

4. Learned counsel for the appellant would

contend that the appellant/accused No.2 is lady having

three children out of them two are minors and she has to

NC: 2023:KHC:34476 CRL.A No. 1185 of 2023

look after them. She is a collie/sweeper in coffee estate

and her absence for a day will result in docking of pay for

week. He further contended that due to covid and due her

financial distracts she was no able to communicate with

her counsel as she did not posses a cell phone. He further

submitted that the appellant/accused No.2 is now ready to

abide any terms to be imposed by the Court and ready to

attend the Court on all dates of hearing. With this he

prays to allow the appeal and grant bail to the

appellant/accused No.2.

5. Per contra, learned High Court Government

Pleader would contend that the appellant/accused No.2

has violated the bail conditions. Due to absence of the

appellant/accused No.2 there was delay in trial.

Considering the said aspects the Sessions Court rightly

rejected her application. With this he prays for dismissal of

the appeal.

6. The appellant - accused No.2 is facing trial for

offence under Sections 302, 201 read with Section 34 of

NC: 2023:KHC:34476 CRL.A No. 1185 of 2023

IPC and Section 3(2)(v) of the Scheduled Caste and

Scheduled Tribe (Prevention of Atrocities) Act, 1989 in

Spl.C. No. 48/2019. The appellant - accused No. 2 earlier

was granted bail, she furnished surety and she was

released on bail. As appellant - accused No.2 did not

attend the Court, she was secured under NBW and

remanded to judicial custody. The trial Court rejected the

bail application of the appellant - accused No.2 on the

ground that due to the absence of appellant - accused

No.2 the case did not progress and charge has not been

framed. The appellant - accused No.2 is a woman having

three children and out of them, two are minor children.

Appellant - accused No. 2 is a widow and working in a

coffee estate. Appellant - accused No.2 has undertaken to

abide by any condition to be imposed by this Court and

attend the Court on all dates of hearing. Without

considering said aspect, learned I Additional Sessions and

Special Judge, Chikkamagaluru has passed the impugned

order which requires interference by this Court. Appellant

NC: 2023:KHC:34476 CRL.A No. 1185 of 2023

- accused No.2 has made out grounds for setting aside the

impugned order and grant of bail.

In the result, the following;

ORDER

Appeal is allowed. The impugned order dated

17.02.2023 passed in Spl.C. No.48/2019 by I Additional

Sessions and Special Judge at Chikkamagaluru is set

aside. The bail application of the appellant - accused No. 2

stands allowed. The appellant -accused No.2 is ordered to

be released on bail in Spl.C. No. 48/2019 (crime No.

313/2018 of Chikkamagaluru Rural Police Station) subject

to following conditions:

i. The appellant/accused No.2 shall execute a

personal bond for a sum of Rs.50,000/- with one

surety for the likesum to the satisfaction of the

trial Court.

ii. The appellant/accused No.2 shall not tamper the

prosecution witnesses.

NC: 2023:KHC:34476 CRL.A No. 1185 of 2023

iii. The appellant/accused No.2 shall attend the Court

on all dates of hearing unless exempted and

cooperate in speedy disposal of the case.

Sd/-

JUDGE

DSP, LRS

CT:SNN