Karnataka High Court

Ranjith D C @ Auto vs State Of Karnataka on 25 September, 2023

Bench: Shivashankar Amarannavar

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                                                               NC: 2023:KHC:34818
                                                           CRL.A No. 1567 of 2023




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 25TH DAY OF SEPTEMBER, 2023

                                              BEFORE
                      THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR

                                 CRIMINAL APPEAL NO. 1567 OF 2023
                      BETWEEN:

                      RANJITH D. C @ AUTO,
                      S/O CHANDRA,
                      AGED ABOUT 25 YEARS,
                      R/O DYAPEGOWDANADODDI VILLAGE,
                      KASABA HOBLI, KANAKAPURA TALUK,
                      RAMANAGARA DISTRICT - 562 117.

                                                                     ...APPELLANT
                      (BY SRI. A. N. RADHA KRISHNA, ADVOCATE)

                      AND:

                      1.    STATE OF KARNATAKA
                            BY KANAKAPURA TOWN POLICE,
                            REPRESENTED BY
Digitally signed by
LAKSHMINARAYANA             THE STATE PUBLIC PROSECUTOR,
MURTHY RAJASHRI
Location: HIGH              HIGH COURT BUILDINGS,
COURT OF
KARNATAKA                   BENGALURU - 560 001.

                      2.    SAGARA .R,
                            S/O RAJU,
                            AGED ABOUT 30 YEARS,
                            R/O SIDDAPPAJI ROAD,
                            MALAGALU VILLAGE,
                            KANAKAPURA TOWN - 562 117.
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                                            NC: 2023:KHC:34818
                                     CRL.A No. 1567 of 2023




3.   RAGHU,
     S/O RAJU,
     AGED ABOUT 35 YEARS,
     R/O SIDDAPPAJI ROAD,
     MALAGALU VILLAGE,
     KANAKAPURA TOWN - 562 117.

                                               ...RESPONDENTS

(BY SRI. RANGASWAMY R, HCGP FOR R1;
R2 AND R3 ARE SERVED AND UNREPRESENTED)

     THIS CRL.A IS FILED U/S.14(A)(2) OF SC/ST (POA) ACT
PRAYING TO SET ASIDE THE ORDER DATED 08.08.2023
PASSED BY THE LEARNED I ADDL.DISTRICT AND SESSIONS
JUDGE, RAMANAGARA IN CRL.MISC.NO.546/2023 AND
ENLARGE HIM ON BAIL IN CR.NO.68/2023 OF KANAKAPURA
TOWN POLICE, FOR THE OFFENCE P/U/S 143, 147, 148, 307
R/W 149 OF IPC AND SEC.3(2)(v) OF SC/ST (POA) ACT NOW
PENDING ON THE FILE OF THE LEARNED I ADDL.DISTRICT AND
SESSIONS    JUDGE,    RAMANAGARA     IN   SPL.C  (SC/ST)
NO.85/2023.

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

                       JUDGMENT

This appeal is filed by accused No.13 praying to set

aside the order dated 01.08.2023 passed in Crl. Misc No.

546/2023 by the I Addl. District and Sessions Judge,

Ramanagara where under the bail petition of this

appellant/accused No.13 sought in respect of Crime

No.68/2023 of Kanakapura Town Police Station for the

NC: 2023:KHC:34818 CRL.A No. 1567 of 2023

offences punishable under Sections 143, 147, 148 and 307

read with Section. 149 of IPC and Section. 3(2) (va) of the

Schedule Caste/Schedule Tribe (Prevention of Atrocities)

Act 1989 came to be rejected.

2. Heard learned counsel for the appellant and

learned HCGP for Respondent No.1 State. In-spite of

service of notice, respondent No.2 and respondent No.3

remained absent and unrepresented.

3. The case of the prosecution is that on 25.04.2023

at about 4.00 p.m., while the complainant was near the

Gasbunk on Malagalu road, his younger brother and

alongwith his friends having gone from Kanakapura

towards Malagalu Village on the motor cycle, the accused

persons having been followed him, someone watching the

same, came to the complainant and informed that, his

younger brother was being assaulted by somebody else

near the Malagalu bridge, wherefore immediately the

complainant went to the spot and enquired his younger

brother, who had sustained the bleeding injuries to his

NC: 2023:KHC:34818 CRL.A No. 1567 of 2023

head, near left ear, right leg and stomach etc and he was

screaming for help and he stated that, the accused

persons namely Nagendra, Harsha, Hari, Gowtham,

Mahesha, Mahadeva, Santhosha, Thanu, Shivu and

Ananda having old grudge and animosity assaulted him

with the longs and dragger with an intention to commit his

murder, which complaint came to be registered in Crime

No.68/2023 of Kanakapura Town Police Station for the

offences punishable under Sections. 143, 147, 148 and

307 read with Section.149 of IPC and Section.3(2)(va) of

the Schedule Caste/Schedule Tribe (Prevention of

Atrocities) Act 1989. During the course of investigation,

this appellant/accused came to be arrested on 27.04.2022

and he is in Judicial Custody. After investigation charge

sheet came to be filed against the accused No.1 to 13 for

the offences punishable under Sections 143, 147, 148 and

307 read with Section.149 of IPC and Section.3(2)(va) of

the Schedule Caste/Schedule Tribe (Prevention of

Atrocities) Act 1989. The appellant/accused filed bail

petition and the same came to be rejected by the

NC: 2023:KHC:34818 CRL.A No. 1567 of 2023

impugned order dated 01.08.2023, which is challenged in

this appeal.

4. The learned counsel for the appellant would

contend that the name of the appellant/accused No.13 is

not mentioned in the complaint/FIR. Accused No.1 who is

stated to have assaulted Cw.2 with a knife on his stomach

and caused injury and Accused Nos.5 and 9 have

assaulted with the same chopper on his legs and body

have been already granted bail by the I Addl. District and

Sessions Court, Ramanagara in Crl. Misc No. 672/2023

and 673/2023 and placed copies of the said two orders for

perusal. He submits that this appellant/accused No.13 who

is similarly placed to that of accused No.5 and 9 is entitled

for grant of bail on the ground of parity. As already charge

sheet has been filed, the appellant/accused No.13 is not

required for the custodial interrogation. With this, he

prayed to allow the appeal and grant bail to the

appellant/accused No.13.

NC: 2023:KHC:34818 CRL.A No. 1567 of 2023

5. Per contra, learned HCGP contended that the

serious offences are alleged against this appellant/accused

No.13 who has assaulted with the Chopper on the leg and

body of Cw.2 causing simple and grievous injuries. There

are two persons who are witnesses to the said incident

and the wound certificate reveals that, Cw.2 has sustained

two grievous injuries and two simple injuries. The charge

sheet show prima facie case against this appellant/accused

No.13 for the said offences. Hence he prayed to dismiss

the appeal.

6. Having heard learned counsel for the

appellant/accused No.13 and learned HCGP, Court has

gone through the impugned order, charge sheet material

and orders furnished by the learned counsel for the

appellant/accused No.13.

7. As per column No.17 of the charge sheet, this

appellant/accused No.13 along with accused No. 4, 5, 7, 8,

9 and 12 assaulted Cw.2 with Chopper on his leg and body

and caused simple and grievous injuries. The accused No.1

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is alleged have assaulted with a Dragger on the stomach

of Cw.2. Accused No.1, 5 and 9 have been granted bail by

the I Addl. District and Sessions Court, Ramanagara in Crl.

Misc No.672/2023 and 673/2023 by order dated

05.09.2023. This appellant/accused No.13 is similarly

placed as that of accused No.5 and 9. Therefore, the

appellant/accused No.13 is entitled for grant of bail on the

ground of parity. As the charge sheet is filed, the

appellant/accused No.13 is not required for custodial

interrogation. The appellant/accused No.13 has made out

grounds for setting aside impugned order and grant of

bail. In the result, the following:

ORDER

The appeal is allowed.

               The      impugned             order         dated
         01.08.2023     passed        in     Crl.   Misc    No.

546/2023 by the I Addl. District and Sessions Judge, Ramanagara is set aside. The bail petition of appellant/accused No.13 is allowed.

NC: 2023:KHC:34818 CRL.A No. 1567 of 2023

The appellant/accused No.13 is

ordered to be released on bail in crime No. 68/2023 of Kanakapura Town Police Station, subject to the following conditions.

1) The appellant/accused No.13 shall execute a personal bond for a sum of Rs.1,00,000/- (One Lakh Rupees only) with one surety for the like sum to the satisfaction of the jurisdictional Court.