Karnataka High Court
Sathish @ Sathi vs State Of Karnataka on 6 August, 2024
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
-1-
NC: 2024:KHC:31490
CRL.A No. 963 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL APPEAL NO. 963 OF 2024
BETWEEN:
1. SATHISH @ SATHI
S/O RAMU @ NARASIMHA REDDY
AGED ABOUT 38 YEARS
ADDRESS AS PER CHRAGE SHEET
R/AT 64, 4TH MAIN, 3RD CROSS
VENKATESHWARA LAYOUT
MADIWALA, BANGALORE-560068
...APPELLANT
(BY SRI AFROZ PASHA, ADVOCATE)
AND:
1. STATE OF KARNATAKA
Digitally signed BY KOTHANUR P.S.,
by DEVIKA M REP. BY STATE PUBLIC PROSECUTOR
Location: HIGH HIGH COURT OF KARNATAKA
COURT OF
KARNATAKA HIGH COURT COMPLEX
BANGALORE-560001
2. SUBBANNA Y.M.,
S/O MUNITHURMALAPA
AGED ABOUT 39 YEARS
R/AT NO.88, YARRAPANAHALLI VILLAGE
DODDAGUBBI POST
BENGALURU-560077.
...RESPONDENTS
(BY SRI K.RAHUL RAI, HCGP FOR R1; R2 IS SERVED)
-2-
NC: 2024:KHC:31490
CRL.A No. 963 of 2024
THIS CRIMINAL APPEAL IS FILED UNDER SECTION
14(A)(2) OF SC/ST (POA) ACT PRAYING TO SET ASIDE THE
ORDER PASSED BY THE LXX ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE, BENGALURU (CCH-71) IN
CRL.MISC.NO.2871/2024 DATED 15.04.2024 AND GRANT BAIL
TO APPELLANT IN SPL.C.C.NO.2255/2023 (CR.NO.204/2023 OF
KOTHANURU P.S.) FOR THE OFFENCES PUNISHBLE UNDER
SECTIONS 341, 364(A), 395, 342, 323, 324, 506 R/W 149 OF
IPC, SECTION 3(2)(v) OF SC/ST (POA) ACT, PENDING ON THE
FILE OF LXX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE
AND SPECIAL JUDGE, BENGALURU (CCH-71).
THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ
ORAL JUDGMENT
The order dated 15.04.2024 passed by the Court of
LXX Addl. City Civil and Sessions Judge and Special Judge
(CCH-71), Bengaluru in Crl.Misc.No.2817/2024, rejecting
the petition filed under Section 439 of Cr.P.C is sought to
be set-aside in this appeal and the appellant has prayed to
enlarge him on bail in Cr.No.204/2023 registered at
Kothanur Police Station.
NC: 2024:KHC:31490
2. Heard the learned counsel for the appellant and
the learned High Court Government Pleader for
respondent-State and perused the material on record.
3. The respondent No.2 has been served but
unrepresented.
4. It is contended by the learned counsel for the
appellant that the appellant is innocent and he has been
falsely implicated in this case, name of the appellant is
Sathish @ Sathi S/o Ramu and the name of his father is
not Narasimha Reddy, whereas, in the remand application
it is shown that accused No.3 is Sathish @ Sathi S/o
Narasimha Reddy. He contended that the Police have
implicated this appellant in order to cover their latches.
There are no specific allegations made against him etc.
5. The learned counsel for the appellant further
contended that the learned Sessions Judge has observed
there are many number of crimes registered against the
appellant before different Police Stations, which is not
correct. On the other hand, appellant was arrested in
NC: 2024:KHC:31490
Cr.No.225/2023 of Holenarasipura Police Station in which
case, he has been granted bail by this Court.
6. The learned High Court Government Pleader
has supported the impugned order and sought to reject
the appeal.
7. The complaint is lodged by one
Subbanna.Y.N/respondent No.2 alleging abduction, threat,
illegal confinement, extortion, etc. Case is registered in
Cr.No.204/2023 of Kothanur Police Station, Bengaluru City
against accused Nos.1 to 6 named in the FIR and 8 to 10
others for offences punishable under Section 341, 323,
342, 365, 395, 504, 506, 109 R/w 149 of I.P.C and
Section 3(1)(r)(s) and 3(2)(V) of SC and ST (POA) Act,
1989. Investigation is completed and charge sheet has
been filed. While filing the charge sheet, all the accused
named in the FIR have been dropped. Charge sheet is filed
against five accused persons wherein, accused No.3 is
shown as Sathish @ Sathi S/o Narasimha Reddy. As per
charge sheet allegations, accused No.3 is said to have
covered the face of the complainant, tied his hands etc.
NC: 2024:KHC:31490
8. One of the contentions raised by the learned
counsel is that the appellant is not Sathish @ Sathi S/o
Narasimha Reddy as stated in the charge sheet. He
submits that the appellant is Sathish @ Sathi S/o Rama
and not Sathish S/o Narasimha Reddy.
9. The appellant is involved in Cr.No.225/2023 of
Holenarasipura Police Station. In the said case, this Court
has enlarged him on bail in Crl.P.No.348/2024 dated
15.02.2024. There are no other cases registered against
the appellant-Sathish.R S/o R.Rama, which have been
brought to the notice of the Court. The learned Sessions
Judge has mentioned that he is involved in more than 3-4
crimes in different Police Station.
10. The name of the appellant is not in the First
Information Report. In fact none of the accused mentioned
in the FIR have been charge sheeted. On the other hand,
charge sheet is filed against the persons not named in the
FIR. The accused Nos.4 to 7 are said to be on bail, which
is not disputed. Appellant is in custody in the present case
since 20.11.2023. It is also contended by the learned
NC: 2024:KHC:31490
counsel that the Police have not conducted the T.I parade
and the victim has not identified the appellant.
11. Considering the above facts and circumstances,
I proceed to pass the following:
ORDER
1. The appeal is allowed.
2. The order dated 15.04.2024 passed by the LXX
Additional City Civil and Sessions Judge at
Bengaluru in Crl.Misc.No.2871/2023 is set-
aside.
3. The appellant/accused No.3 shall be enlarged
on bail in Spl.C.C.No.2255/2023
(Cr.No.204/2023 of Kothanur Police Station)
pending on the file of LXX Additional City Civil
and Sessions Judge and Special Judge at
Bengaluru subject to following conditions:
NC: 2024:KHC:31490
a) The appellants/accused No.3 shall
execute a bond in a sum of Rs.1,00,000/-
(Rupees One Lakh Only) with two sureties
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 any change in the
address.
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.
4. It is made it clear that if any of the above
bail conditions are violated, the bail granted to the
appellant shall be liable to be cancelled.
NC: 2024:KHC:31490
5. Observations made herein shall not
influence the trial of the case in any manner.
Sd/-
(MOHAMMAD NAWAZ)
JUDGE
RHS
