Karnataka High Court
Siddaraja @ Sidda @ Bagalagunte Sidda vs The State Of Karnataka on 4 April, 2024
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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NC: 2024:KHC:14306
CRL.A No. 508 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL APPEAL NO. 508 OF 2024
BETWEEN:
SIDDARAJA @ SIDDA @ BAGALAGUNTE SIDDA
S/O DASAPPA,
AGED ABOUT 34 YEARS,
R/AT IST CROSS,
NEAR VINAYAKA SCHOOL,
MANJUNATHA NAGARA,
BAGALAGUNTE,
BENGALURU-34.
...APPELLANT
(BY SRI. PRATHEEP K C.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP. BY RAJGOPALNAGAR POLICE STATION,
Digitally BENGALURU,
signed by REP BY IT'S STATE PUBLIC PROSECUTOR,
LAKSHMI T HIGH COURT OF KARNATAKA,
Location: BANGALORE-01
High Court
of Karnataka 2. SMT. SITAMMA
W/O NARASAIAH,
AGED ABOUT 48 YEARS,
TH
R/AT NO.193/1, 5 CROSS,
KASTURI LAYOUT,
RAJAGOPALNAGAR,
BENGALURU -79
...RESPONDENTS
(BY SRI. HARISH GANAPATHY., HCGP FOR R1;
R2 IS SERVED)
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NC: 2024:KHC:14306
CRL.A No. 508 of 2024
THIS CRL.A IS FILED U/S.14(A)(2) OF SC/ST (POA) ACT
PRAYING TO SET ASIDE THE ORDER IN SPL.C.NO.646/2021
DATED 06.01.2024 PASSED BY THE LXX ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE (CCH-71),
BENGALURU AND ENLARGE THE APPELLANT ON BAIL IN
CR.NO.6/2021 IN (SPL.C.NO.646/2021) FOR THE OFFENCE
P/U/S 143, 147, 148, 307, 302, 504, 120B, 201 R/W 149 OF
IPC, SECTION 25(1B)(b), 4 OF ARMS ACT AND SECTION
3(2)(v) OF SC/ST (POA) ACT BY RESPONDENT POLICE
STATION PENDING ON THE FILE OF LXX ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE,
BENGALURU.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard the learned counsel for appellant and the
learned High Court Government Pleader for respondent
No.1/State and perused the material on record.
2. Rajagopal Nagar Police filed charge sheet
against accused Nos.1 to 18 in their police station Crime
No.6/2021 for the offence punishable under Section 143,
147, 148, 307, 302, 504, 120(B), 201 read with Section
149 of IPC, Section 3(2)(v) of the SC/ST(POA) Act and
Section 25 1B(b) read with Section 4 of the Arms Act,
1959. The appellant is arraigned as accused No.14 in the
charge sheet.
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3. The learned Sessions Judge by an order dated
06.01.2024 has rejected the application filed by appellant
under Section 439 of Cr.P.C., hence, this appeal.
4. In brief, it is the case of prosecution that there
was a previous enmity between one Bharath @ Slum
Bharath, a rowdy element and Srinivas, deceased in this
case. There were cases registered against the said Bharath
on the complaints lodged by Srinivas. The said Bharath
died in a police encounter and therefore, his sister i.e.,
accused No.18 and her associates were nurturing ill-will
against Srinivas. In this connection, they hatched a
conspiracy and in furtherance of the same, on 09.01.2021,
accused persons travelled in two wheelers and came near
an under construction building situated at Kasturi layout,
wherein the deceased was present. He was dragged out of
the building and assaulted with deadly weapons and done
to death.
5. According to prosecution, the appellant/accused
No.14 was in the prison at the time of incident and being
in the prison he hatched a conspiracy and instigated other
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accused persons to commit the murder of Srinivas. The
learned Sessions judge has rejected the prayer for bail
observing that the allegations made against the accused
persons are very serious in nature and charge sheet
discloses as to how accused No.14 is also involved though
he was in prison.
6. Admittedly the appellant was not present at the
spot when the incident took place. There are no sufficient
materials at this stage to show the involvement of accused
No.14, though the allegations are serious in nature.
7. The learned High Court Government Pleader
would contend that the appellant is involved in several
criminal cases and therefore, if he is enlarged on bail he
may once again involve in criminal activities.
8. It is submitted by the learned counsel for the
appellant that accused Nos.6 to 13, 15-18 are on bail.
According to prosecution, the appellant conspired with
other accused persons being present in the prison. The
said allegations have to be established during trial. There
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are no sufficient materials at this stage to substantiate the
allegation, to deny the relief of bail.
9. Considering the facts and circumstances, the
appellant/accused No.14 can be enlarged on bail by
imposing suitable conditions. Accordingly, the following:
ORDER
i) Appeal is allowed.
ii) The order dated 06.01.2024 passed by the
Court of LXX Additional District and Sessions Judge and
Special Judge at Bengaluru in Spl.C.No.646/2021 is set
aside.
iii) Appellant/accused No.14 is ordered to be
released on bail subject to following conditions:
a) He shall execute a personal bond for a sum
of Rs.1,00,000/- (Rupee One Lakh only)
with two sureties for the likesum to the
satisfaction of the jurisdictional Court.
b) He shall furnish proof of his residential.
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c) He shall mark his attendance before the
concerned police station on every Sunday
between 10:00 a.m and 01:00 p.m. till
conclusion of the trial Court or until further
orders.
d) He shall not tamper or intimidate the
prosecution witness, directly or indirectly.
e) He shall not indulge himself committing
any offence.
f) He shall appear before the Trial Court on
every date of hearing, without fail.
Violation of any of the conditions shall result in
cancellation of bail.
Sd/-
JUDGE
LDC
