Karnataka High Court
Sri Sreenivas @ Seena vs The State Of Karnataka on 15 April, 2024
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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NC: 2024:KHC:14993
CRL.A No. 629 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL APPEAL NO. 629 OF 2024
BETWEEN:
1. SRI SREENIVAS @ SEENA
S/O LATE BHEEMANNA
AGED ABOUT 65 YEARS,
RESIDING AT BALAPURA VILLAGE,
CHANNARAYAPATNA HOBLI,
DEVANAHALLI TALUK,
BANGALORE RURAL DISTRICT.
...APPELLANT
(BY SRI. D.R.RAVISHANKAR SR.COUNSEL FOR
SRI. SUBRAMANYA H V., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
Digitally BY CHANNARAYAPATNA POLICE STATION,
signed by DEVANAHALLI TALUK,
LAKSHMI T REP BY STATE PUBLIC PROSECUTOR,
BANGALORE.
Location:
High Court
2. SRI PRAVEEN C N
of
S/O NAGARAJU,
Karnataka
AGED ABOUT 25 YEARS,
RESIDING AT CHANNAHALLI VILLAGE,
CHANNARAYAPATNA HOBLI,
DEVANAHALLI TALUK,
BANGALORE RURAL DIST.
...RESPONDENTS
(BY SRI. RAHUL RAI K., HCGP FOR R1; R2-SERVED)
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NC: 2024:KHC:14993
CRL.A No. 629 of 2024
THIS CRL.A IS FILED U/S.14(A)(2) OF SC/ST (POA) ACT
PRAYING TO SET ASIDE THE IMPUGNED ORDER PASSED BY
THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE,
BENGALURU RURAL DISTRICT IN CRL.MISC.NO.415/2024
DATED 19.03.2024, THEREBY ALLOW THE SAID PETITION AND
RELEASE THE APPELLANT ON BAIL IN CR.NO.14/2024 OF
CHANNARAYAPATNA POLICE STATION FOR THE OFFENCE P/U/S
143, 147, 148, 447, 323, 324, 354, 307, 504, 506 AND 302
R/W 149 OF IPC AND SEC. 3(1)(r)(s) AND 3(2)(v) OF SC/ST
(POA) ACT WHICH IS PENDING ON THE FILE OF II ADDITIONAL
DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL
DISTRICT, BENGALURU.
THIS APPEAL IS COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is preferred under Section 14(A)(2) of
the Scheduled Castes and Scheduled Tribes (POA) Act,
1989 (for short 'SC/ST (POA) Act) against the order dated
19.03.2024 passed by the learned Sessions Judge,
wherein the petition preferred under Section 439 of
Cr.P.C., seeking bail has been rejected.
2. Heard the learned Senior counsel for appellant,
learned High Court Government Pleader for the State and
perused the material on record.
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3. Crime No.14/2024 of Channarayapatna Police
Station, Bengaluru District is registered on a complaint
lodged by one Praveen C.N., son of Nagaraj against seven
named accused and other unknown persons, for the
offences punishable under Section 143, 147, 148, 447,
323, 324, 354, 307, 504, 506 r/w 149 of IPC and Section
3(1)(r)(s) and 3(2)(v) of SC/ST (POA) Act, 1989.
4. A perusal of the complaint averments reveal
that on account of a civil dispute, on 31.01.2024 at about
10.30 a.m., all the accused formed an unlawful assembly
and trespassed into the land of the complainant, holding
clubs and choppers, abused the complainant and others in
filthy language referring to their caste and assaulted the
complainant and others with the weapons they were
carrying and caused injuries to them. The injured were
shifted to the hospital and one of the injured by name
Sanjay sustained severe head injuries.
5. The complainant is one of the injured in the
case. Apart from him, Sanjay, Amar Babu, Nagamma,
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Nagaraj, Girish and Venkateshappa are the other injured
persons. Injured Sanjay succumbed to the injuries while
undergoing treatment in the hospital, on 09.02.2024.
After his death Section 302 of IPC was incorporated.
6. The appellant is arraigned as accused No.2 in
the FIR. He was arrested on 01.02.2024. His bail petition
filed under Section 439 of Cr.P.C., came to be rejected by
the learned Sessions Judge vide order dated 19.03.2024.
7. The learned Sessions Judge was of the opinion
that there is a prima facie and reasonable ground at this
stage for believing that the appellant i.e., accused No.2
has committed the murder of Sanjay son of
Venkataramayya and also attempted to commit the
murder of other injured persons. It is observed in the
impugned order that there are sufficient materials
available on record to connect him with the crime.
8. The learned High Court Government Pleader
would contend that the name of the appellant is very
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much found in the First Information Report and even
earlier the appellant has been involved in other cases. He
contended that the investigation is under progress and
therefore, at this stage if the appellant is enlarged on bail,
he may tamper with the prosecution witnesses.
9. The learned Senior counsel appearing for the
appellant would contend drawing the attention of the
Court to the complaint averments that even according to
the complainant who is an injured, when the actual
incident of assault took place, appellant was not at all
present. It is his contention that on account of the land
dispute between the parties, the appellant has been falsely
implicated in this case.
10. The complainant is also one of the injured. Out
of the six injured persons, three have suffered grievous
injuries and one of the injured by name Sanjay has
succumbed to the injuries while undergoing treatment in
the hospital. As per the wound certificate, the appellant
has sustained certain simple injuries. Hence, his presence
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at the scene of occurrence cannot be doubted at this
stage.
11. A perusal of the complaint averments would
clearly reveal that there is a land dispute with regard to
the land bearing Survey No.77 of Channahalli Village
which totally measures about 1 acre 10 guntas. On
31.03.2024, in the early hours complainant and others
were present in the land for the purpose of digging a
borewell. At about 10.30 a.m., appellant along with
accused No.1 by name Gopala came near the land on a
two wheeler and questioned them as to why they are
digging a borewell. At that time, the complainant told
them that he will speak to them after discussing with his
uncle's son by name Madhu. A verbal quarrel took place
and it is alleged that the appellant and accused No.1
abused them in filthy language referring to their caste. It
is further alleged in the complaint that the said persons
quarrelled with complainant's father. Thereafter, accused
No.1 and one Sunil Kumar son of appellant herein came to
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the spot along with 12-15 others holding clubs and
choppers and assaulted the complainant and others with
the weapons they were carrying.
12. A careful reading of the complaint would
indicate that after the appellant quarrelled with the
complainant's father, he went away and he was not
present when the incident of assault took place. He was
not a member of the unlawful assembly, as according to
the complainant, one Gopal i.e., accused No.1 and
appellant's son by name Sunil Kumar trespassed into the
property along with 12-15 other persons. It is not
specifically stated in the complaint that the appellant was
also one of the person who came along with accused No.1
and others and assaulted the victims. It appears that since
the appellant came to the land and quarrelled with the
complainant and his father, prior to the incident, objecting
for digging a borewell, he is named as one of the accused
while registering the FIR.
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13. According to the prosecution, the appellant
conspired with other accused persons to commit the
offence. The said allegations have to be proved during
trial. Appellant is aged about 65 years. He is said to be a
cardiac patient having undergone implantation through
Left Infra Clavicular Fossa on 08.10.2021.
14. In the above facts and circumstances, the relief
sought by the appellant can be granted by imposing
conditions. According the following:
ORDER
Appeal is allowed.
The order dated 19.03.2024 passed by the Court of
the II Additional District and Sessions Judge, Bengaluru
Rural District, Bengaluru in Crl. Misc No.415/2024 is
hereby set aside.
The appellant/accused No.2 in Crime No.14/2024 of
Channarayapatna Police Station, Bengaluru District is
directed to be released on bail, subject to following
conditions:
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i. He shall execute a personal bond for a
sum of Rs.1,00,000/- (Rupees One
Lakh only) with two sureties for the
like-sum to the satisfaction of the
learned Sessions Judge.
ii. He shall furnish proof of his residential
address and shall inform the Court if
there is any change in the address.
iii. He shall cooperate with the
investigation of the case.
iv. He shall not tamper with the
prosecution witnesses either directly or
indirectly.
v. He shall appear before the trial court
on all dates of hearing without fail.
vi. He shall not indulge in criminal
activities.
SD/-
JUDGE
HB
