Karnataka High Court
Kartik vs The State Of Karnataka And Anr on 10 April, 2024
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CRL.A No. 200031 of 2024
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 10TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR. JUSTICE C M JOSHI
CRIMINAL APPEAL NO.200031 OF 2024 (U/S 14 (A))
BETWEEN:
KARTIK S/O MANJUNATH PATEKAR
AGE: 18 YEARS, OCC: STUDENT,
R/O SANGAMESHWAR NAGAR MUDDEBIHAL,
TQ. MUDDEBIHAL, DIST. VIJAYAPURA-586212.
...APPELLANT
(BY SRI SHIVANAND V. PATTANASHETTI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA THROUGH
POLICE PSI ALAMATTI, POLICE STATION,
Digitally signed by
KHAJAAMEEN L TQ. NIDAGUNDI, DIST. VIJAYAPURA-586101,
MALAGHAN R/BY ADDL. SPP HIGH COURT OF KARNATAKA,
Location: HIGH
COURT OF KALABURAGI BENCH.
KARNATAKA
2. ABHILASH S/O ASHOK KALE
AGE: 28 YEARS, OCC: PRIVATE SERVICE,
R/O ALMATTI D. S. TQ. NIDAGUNDI,
DIST. VIJAYAPURA-586201.
...RESPONDENTS
(BY SRI JAMADAR SHAHABUDDIN, HCGP FOR R1;
R2 SERVED)
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CRL.A No. 200031 of 2024
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14
(A) OF SC/ST (POA) ACT, PRAYING TO, SET ASIDE THE
IMPUGNED ORDER DATED 18.01.2024 PASSED IN CRL. MISC.
NO.2018/2023 BY II ADDITIONAL DISTRICT AND SESSIONS
AND SPECIAL JUDGE VIJAYAPURA. GRANT THE REGULAR BAIL
TO THE APPELLANT / ACCUSED NO. 1 IN ALAMATTI PS CRIME
NO.12/2023 DISTRICT VIJAYAPURA, PENDING ON THE FILE OF
II ADDITIONAL DISTRICT AND SESSIONS AND SPECIAL
JUDGE, VIJAYAPURA FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 323, 324, 326, 341, 307, 504, 506 R/W 34 OF IPC
AND SECTIONS 3(2)(VA) OF SC/ST (PREVENTION OF
ATROCITIES) AMENDED ACT, 2015.
THIS APPEAL, COMING ON FOR FURTHER HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard the learned counsel for the appellant and the
learned High Court Government Pleader for the respondent
No.1. None appear for the respondent No.2.
2. The present appeal is filed under Section 14(A)
of SC/ST (POA) Act, assailing the rejection of the bail by
the Trial Court in Crl.Misc.No.2018/2023.
3. The factual matrix of the case is that the
Alamatti police registered a case in Crime No.12/2023 on
the basis of the complaint filed by the respondent No.2,
wherein it was alleged that on 06.12.2023 at about 12.30
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p.m. the appellant and three other boys were teasing the
girls in front of the parking and the same was objected
and were advised to behave properly by the respondent
No.2/injured and another. On account of such advice
given by the respondent No.2, the appellant/accused and
three others came to the complainant/injured at about
5.00 p.m. and he was abused in filthy words and assaulted
with knife and there were stab injuries on stomach, chest
and other parts of the body. The appellant and three
others had threatened the respondent No.2 complainant to
kill and therefore, while the respondent No.2 was in the
hospital, the complaint came to be filed after ascertaining
the names of the assailants from others who are present
at the spot.
4. During investigation, the accused were arrested
and remanded to judicial custody. Now the appellant who
is accused No.1 before the Trial Court contended that he is
student studying in 2nd PUC and if he is denied of the bail,
his career will be ruined and that there was no such
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intention to commit the murder of the respondent No.2. It
is contended that the appellant is ready and willing to
abide by the conditions that may be imposed by the Court
and therefore, the appellant may be granted the bail.
5. The learned High Court Government Pleader for
State contend that the appellant and three others had
assaulted the complainant with the grudge that he had
advised the accused not to tease the girls at the parking
area. It is submitted that such an act by the accused is
prima-facie unwarranted and the accused instead of
behaving properly, with a vengeance came back in the
evening, armed with weapons and assaulted the
complainant causing grievous injuries. It is submitted that
the investigation is completed and ultimately the
investigating officer has filed the charge sheet for the
offences punishable under Sections 323, 324, 326,, 341,
307, 504, 506 R/w 34 of IPC and Section 3(2)(va) of
SC/ST (Prevention of Atrocities) Act.
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6. On a perusal of the records, it is evident that
the appellant is aged about 18 years and the incident had
taken place as the complainant had advised the accused to
behave properly. The records also reveal that the
appellant and another had come to the spot to take
revenge against the advises made by the complainant,
armed with weapons. This act on the part of the appellant
and others would clearly show that they had not taken the
advises by the complainant during the afternoon on the
date of the incident in good spirit, but they had planned
for a revenge. Though the offence under Section 307 of
IPC required a greater degree of the motive for
commission of the offence, the charge sheet papers
disclose that there was a motive but the gravity of such
motive can only be ascertained during the trial.
Considering the age of the appellant and that the incident
had taken place for the reason that the appellant was
advised to behave properly, there appears to be room to
hold that the offence under Section 307 of IPC may be
doubtful. The other apprehensions expressed by the
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learned High Court Government Pleader may be met
imposing suitable conditions and therefore the appeal
deserves to be allowed with stringent conditions as below.
Hence, the following:
ORDER
The appeal is allowed.
The appellant is ordered to be released on bail
subject to condition that the appellant shall execute
personal bond for a sum of Rs.2,00,000/- with two
sureties for the likesum to the satisfaction of the Trial
Court subject to following conditions.
i) The appellant shall appear before the
Alamatti Police Station on every 1st Sunday of
the month for a period of one year from
today.
ii) Such attendance by the appellant shall be
reported to the trial Court by concerned SHO
of the Alamatti Police Station every month.
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iii) The appellant shall not indulge in any criminal
activities during the pendency of the case, in
which circumstance, the bail is liable to be
cancelled.
iv) The appellant shall not tamper with the
prosecution evidence or witnesses directly or
indirectly in whatsoever manner.
Sd/-
JUDGE
SMP
CT:PK
