Karnataka High Court

Arun S vs State Of Karnataka By on 1 August, 2024

Author: Shivashankar Amarannavar

Bench: Shivashankar Amarannavar

                                          -1-
                                                       NC: 2024:KHC:30542
                                                   CRL.A No. 1281 of 2024




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 1ST DAY OF AUGUST, 2024

                                         BEFORE

              THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR

                         CRIMINAL APPEAL NO. 1281 OF 2024

             BETWEEN:

             1.   ARUN S.
                  AGED ABOUT 24 YEARS,
                  S/O. LATE SHAAMANNA
                  R/A 701, 15TH WARD,
                  PUTTAPPANNA GUDI STREET,
                  DEVANAHALLI,
                  BANGALORE RURAL,
                  BANGALORE - 562110.

             2.   BHASKAR @ ASHOK
                  AGED ABOUT 18 YEARS,
                  S/O. LATE SHAAMANNA,
                  R/A #701, 15TH WARD,
                  PUTTAPPANNA GUDI STREET,
                  DEVANAHALLI,
                  BANGALORE RURAL,
                  BANGALORE - 562110.
YASHAVANT
NARAYANKAR                                                   ...APPELLANTS

             (BY   SRI. M.S.    SHYAMSUNDAR,      SENIOR   ADVOCATE   FOR
             SMT. VANDANA P.L. ADVOCATE)
Location:
HIGH         AND:
COURT OF
KARNATAKA
             1.   STATE OF KARNATAKA BY
                  CHANANRAYAPATNA PS,
                  REPRESENTED BY SPP
                  HIGH COURT OF KARNATAKA,
                  BANGALORE - 560 001.

             2.   MR. PRAVEEN C. N,
                  AGED ABOUT 25 YEARS,
                  S/O. NAGARAJ
                  CHANNAHALLI VILLAGE,
                                -2-
                                               NC: 2024:KHC:30542
                                         CRL.A No. 1281 of 2024




    CHANNARAYAPATNA HOBLI,
    DEVANAHALLI TALUK,
    BANGALORE DISTRICT - 562 135.

                                                   ...RESPONDENTS

(BY SRI. RANGASWAMY, HCGP FOR R1; R2 SERVED)


     THIS CRIMINAL APPEAL FILED U/S 14(A)(2) OF SC/ST (POA)

ACT, 2015 BY THE ADVOCATE FOR THE APPELLANT/S PRAYING THAT

THIS HONBLE COURT MAY BE PLEASED TO SET ASIDE THE ORDERS

PASSED BY THE LEARNED II ADDL. DISTRICT AND SESSIONS

JUDGE,    BANGALORE    RURAL     DISTRICT,   AT   BANGALORE     IN

CRL.MISC.NO.1331/2024    DATED    26.06.2024    VIDE ANNEXURE-A

ARISING   OUT   OF    CR.NO.0014/2024    DATED     31.01.2024   OF

CHANNARAYAPATNA P.S., FOR THE OFFENCE P/U/S 143, 147, 148,

447, 323, 324, 307, 354, 504, 506, 302 R/W 149 OF IPC AND SEC.

3(1)(r)(s), 3(2)(5)(a) OF SC/ST ACT, ARRAIGNING THE PRESENT

APPELLANTS AS ACCUS4ED NO.4          AND 6 RESPECTIVELY IN THE

CHARGE SHEET VIDE ANNEXURE-D AND GRANT REGULAR BAIL.


     THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT

WAS DELIVERED THEREIN AS UNDER:


CORAM:     HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
                                 -3-
                                              NC: 2024:KHC:30542
                                          CRL.A No. 1281 of 2024




                       ORAL JUDGMENT

This appeal is filed by the appellants-accused No.4

and 6 praying to set aside the order dated 26.06.2024

passed in Crl.Misc.No.1331/2024 by the II Additional

District and Sessions Judge, Bangalore Rural District, at

Bangalore where under, bail application of these

appellants/accused No.4 and 6 sought in respect of Crime

No.14/2024 of Channarayapatna police station for offences

punishable under Sections 143, 147, 148, 447, 120(B),

323, 324, 302, 307, 354, 504 and 506 r/w Section 149 of

IPC and Section 3(1)(r)(s)(w) and 3(2)(5)(f) of Scheduled

Castes and Scheduled Tribes (Prevention of Atrocities) Act,

1989 came to be rejected.

2. Heard learned senior counsel for appellants and

learned HCGP for respondent No.1-State. Inspite of service

of notice, respondent No.2 remained absent and

unrepresented.

3. It is the case of the prosecution that CW8-

Sri.Narayana Swamy is the owner of Sy.No.77 and he

NC: 2024:KHC:30542

agreed to sell 10 guntas of land out of 1 acre 10 guntas of

land to accused No.11 for a sum of Rs.12,85,000/- and

received an advance amount of Rs.3,15,000/-. Thereafter,

a substantial portion of the land in Sy.No.77 is acquired

for formation of road and CW8 has not executed a

registered sale deed and agreed to return the advance

amount to accused No.11. That, on 31.01.2024 at 9.30

a.m., CW8 was digging the bore well in his land. Accused

Nos.1 and 11 came there and raised objection for such

digging of bore well in the said land and CW8 did not stop

digging of the bore well. Accused Nos.1, 11 to 13 called

accused Nos.2 to 10 near Toll Plaza and hatched criminal

conspiracy and accused Nos.1, 11 to 13 abetted the other

accused to make galata to stop the bore well work and to

commit the offences against CW8 and his family members.

Thereafter, accused Nos.1 to 10 formed an unlawful

assembly, accused Nos.1 to 7, 9 and 10 were holding

deadly weapons like clubs and accused No.8 was holding

chopper and they went to the land of CW8 at 10.30 a.m.

on 31.01.2024. Accused Nos.1 to 10 trespassed into

NC: 2024:KHC:30542

Sy.No.77 to stop digging the borewell. At that time, CWs.1

to 9 and the deceased Sri.Sanjay raised objection and

accused Nos.1 to 10 assaulted them and as a result, the

deceased Sri.Sanjay sustained grievous bleeding injuries

and succumbed to the injuries on 09.02.2024 in the

hospital. CWs.1 and 5 sustained simple injuries and

CWs.2, 4, 6 and 7 sustained grievous injuries. CW3

sustained simple as well as grievous injuries. A complaint

came to be filed in that regard. After investigation, charge

sheet came to be filed for the aforesaid offences.

4. These appellants came to be arrested on

16.02.2024 and they are in judicial custody. The

appellants filed Crl.Misc.No.1331/2024 seeking bail and

same came to be rejected by the impugned order which is

challenged in this appeal.

5. The learned senior counsel for the appellants

would contend that on reading column No. 17 of the

charge sheet, there is no overt-act alleged against these

appellants assaulting the deceased Sanjay. The overt-act

NC: 2024:KHC:30542

alleged against these appellants namely, the appellant

No.1/accused No.4 has assaulted with club to CW-1 on his

head and to CW-3 on his hand and as against appellant

No.2/accused No.6, he assaulted with club to CW-2 on his

head and caused grievous injury. He contends that

accused No.11 who is the main cause for the quarrel has

been granted bail by this Court. The alleged incident is a

quarrel among the villagers with respect to dispute

regarding property and there is no premeditation to

assault the deceased and the injured. As the charge sheet

is filed, the appellants are not required for custodial

interrogation. On these grounds, he prayed to set aside

the impugned order and grant bail to the appellants.

6. Per contra, learned High Court Government

Pleader would contend that there is a serious overt-act

alleged against the appellants causing grievous hurt with

club to CW-1, 2 and 3 which attracts offence under Section

307 of IPC. The statement of CW-5 has been recorded

under Section 164 of Cr.P.C. The blood-stained clothes of

NC: 2024:KHC:30542

CW-1 to 3 have been seized under mahazar. Accused

No.11 has been granted bail on medical grounds and

accused No.13 has been granted bail as no overt-act is

alleged against him and therefore, parity is not applicable

to the appellants. If the appellants are granted bail, there

is a threat to the prosecution witnesses. On these

grounds, he prayed to dismiss the appeal.

7. Having heard learned counsel for the parties;

this Court has gone through the charge sheet records and

impugned order.

8. On perusal of column No.17 of the charge

sheet, the overt-act alleged against the appellant

No.1/accused No.4 is assault with club to CW-1 on his

head and CW-3 on his hand and causing injury. The overt-

act alleged against appellant No.2/accused No.6 is assault

with club on head of CW-2 and causing grievous injury.

There is no overt-act alleged against these appellants

assaulting the deceased Sanjay. As there is no serious

overt-act is alleged against the appellants/accused No.4

NC: 2024:KHC:30542

and 6 and as the charge sheet is filed they are entitled for

grant of bail with conditions.

9. In the result the following:

ORDER

The appeal is allowed.

The impugned order dated 26.06.2024 passed in

passed in Crl.Misc.No.1331/2024 by the II Additional

District and Sessions Judge, Bangalore Rural District, at

Bangalore is set aside.

The appellants/accused No.4 and 6 are ordered to be

released on bail in Crime No.14/2024 of Channarayapatna

Police Station subject to the following conditions:

i. The appellants/accused No.4 and 6 shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh Only) with one surety for the likesum to the satisfaction of the jurisdictional court.

ii. The appellants shall not tamper the prosecution witnesses.

NC: 2024:KHC:30542

iii. The appellants shall attend the Court on all the dates of hearing, unless exempted, and co- operate in speedy disposal of the case.