Karnataka High Court
Siva.J vs The State Of Karnataka By on 4 April, 2024
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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CRL.A No. 534 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. 534 OF 2024
BETWEEN:
SIVA.J
AGED ABOUT 30 YEARS,
S/O JAYARAMAN,
R/AT NO. 33, 1 CROSS,
MUDDAPPA GARDEN,
BENGALURU - 560 021.
...APPELLANT
(BY SRI. TUMBIGI PRABHU GOWDA
BASAVANTHARAYA GOUDA., ADVOCATE)
AND:
Digitally 1. THE STATE OF KARNATAKA BY
signed by KODIGEHALLI POLICE STATION,
LAKSHMI T BENGALURU,
REP BY STATE PUBLIC PROSECUTOR,
Location:
High Court HIGH COURT BUILDING,
of BENGALURU - 560 001.
Karnataka
2. SMT SRIDEVI
AGED ABOUT 34 YEARS,
W/O LATE PRAKASH,
R/AT NO. 172, GANGABHAVANI ROAD,
KODIGEHALLI, SAHAKAR NAGAR,
BENGALURU - 560 092.
...RESPONDENTS
(BY SRI. HARISH GANAPATHY., HCGP)
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NC: 2024:KHC:14362
CRL.A No. 534 of 2024
THIS CRL.A. IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT,
2015 PRAYING TO ALLOW THE APPEAL BY SETTING ASIDE THE
ORDER DATED 17.02.2024 PASSED IN
CRL.MISC.NO.1219/2024 BY THE HONBLE LXX ADDL. CITY
CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE,
BENGALURU (CCH-71) AND PASS AN ORDER FOR ENLARGING
THE APPELLANT / ACCUSED NO.4 ON REGULAR BAIL IN
CR.NO.37/2024 REGISTERED BY KODIGEHALLI POLICE FOR
OFFENCES P/U/S SC AND ST (POA) ACT, 1989, (U/S 3(1)(z),
SC AND ST (POA) AMENDMENT ORDIANCE 2014 3(1)(g),
3(1)(r), 3(1)(s), 3(2)(va), IPC 1860 (U/S 506, 504, 143, 147,
149, 447, 302, 307, 323).
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard the learned counsel for appellant, learned High
Court Government Pleader for the State and perused the
material on record.
2. Crime No.37/2024 of Kodigehalli Police Station
is registered on a complaint lodged by Smt. Sridevi W/o
deceased Prakash, against three named accused and 6
others for the offences punishable under Section 143, 147,
302, 307, 323, 447, 504, 506 read with Section 149 of IPC
and Section 3(1)(g), 3(1)(r), 3(1)(s) and 3(2)(v-a) of
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SC/ST(POA) Act (amendment ordinance 2014) and Section
3(1)(z) of SC/ST Act, 1989.
3. It is alleged that property bearing Survey
No.33/3 of Kothihosahalli village measuring to an extent of
1 acre 6 guntas belong to the complainant. In the said
property a shed was erected. In respect of the said
property there is a civil case pending, initiated by one NTI
Housing Cooperative Society represented by its Secretary
one Prathap Chandra Rathod (accused No.3). He along
with one contractor by name R.Nagaraj (accused No.1)
and his son Anjan Kumar (accused No.2) and about 15 of
their followers were harassing the complainant. Hence,
complaints were lodged to the police on 14.09.2023.
Inspite of that no action was taken against them and
therefore, complaints were lodged to the higher officers.
On 23.01.2024, accused Nos.1 and 2 along with their
followers came and abused the complainant's mother in
filthy language referring to her caste and threatened with
dire consequences and therefore, one more complaint was
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lodged to the police. On 29.01.2024 at about 12.00 Noon
accused No.1 and 2 along with 15 to 20 others came near
the disputed property in JCB and tipper lorries and tried to
trespass into the property. When complainant's mother
and her husband tried to stop them, all the accused picked
up quarrel and pushed the complainant's mother. When
complainant's husband intervened, all the accused
assaulted on his chest and committed his
murder.
4. The incident took place on 29.01.2024 at about
12.00 noon. According to the first informant, accused
Nos.1 to 3 along with 15-20 others brought JCB and tipper
lorries and tried to trespass into the property and when
the complainant's husband intervened, he was assaulted
on his chest. He was shifted to one Medstar Hospital,
wherein he was declared dead.
5. In the remand application dated 02.02.2024,
the appellant is arraigned as accused No.4. According to
prosecution, eye witness by name Kiran Bin Obal Raju
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identified the appellant as one amongst the accused
persons present during the incident.
6. The learned High Court Government Pleader
submits that a mobile phone has been recovered from the
appellant. He has contended that in the event of grant of
bail to the appellant he may tamper with the prosecution
witnesses, since the investigation is under progress. As
per the post mortem report, death is due to the cardiac
arrest as result of coronary artery insufficiency,
consequent upon coronary artery disease.
7. Accused No.1 is reported to be dead. Accused
Nos.2 and 3 whose names are mentioned in the FIR, have
been released on anticipatory bail by the learned Sessions
Judge. The name of appellant/accused No.4 is not in the
FIR. He was arrested on 31.01.2024. Similarly placed
accused No.5 has been enlarged on bail by this Court in
Crl.A.No.412/2024 by order dated 27.03.2024.
8. Since accused Nos.2 to 4 are already on bail,
the appellant is entitled for the relief on the ground of
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parity. Hence, by imposing conditions the relief sought in
the appeal can be granted. Accordingly, the following:
ORDER
i) Appeal is allowed.
ii) The order dated 17.02.2024 passed in
Crl.Misc.No.1219/2024, by the Court of LXX Additional City
Civil and Sessions Judge and Special Judge is set aside.
iii) The appellant/accused No.4 in Crime
No.37/2024 of Kodigehalli Police Station, Bengaluru city
shall be enlarged 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 a surety for the
likesum to the satisfaction of the
jurisdictional Court.
b) He shall furnish proof of his
residential address and shall inform
the Investigating Officer/Court, if
there is change in address.
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c) He shall not directly or indirectly
tamper with the prosecution
witnesses.
d) He shall not indulge himself in
committing any offence.
e) He shall appear before the Trial
Court regularly.
SD/-
JUDGE
LDC
