Karnataka High Court

Shri Dhanyakumar @ Dhanya (A-3) vs State Of Karnataka on 8 February, 2024

Author: Shivashankar Amarannavar

Bench: Shivashankar Amarannavar

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                                                                NC: 2024:KHC:5345
                                                          CRL.A No. 2101 of 2023




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 8TH DAY OF FEBRUARY, 2024

                                              BEFORE
                      THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
                                 CRIMINAL APPEAL NO. 2101 OF 2023
                      BETWEEN:

                            SHRI DHANYAKUMAR @ DHANYA (A-3),
                            S/O THIPPERUDRAPPA,
                            AS PER CHARGE SHEET,
                            AGED ABOUT 36 YEARS,
                            RESIDENT OF GOWRIPURA VILLAGE,
                            JAGALUR TALUQ,
                            DAVANAGERE-577 528

                            ALSO R/O GAMBIKA EXTENSION,
                            1ST CROSS, JAGALUR TOWN,
                                                                ...APPELLANT
                      (BY SRI. C.H. HANUMANTHRAYAPPA ADOVATE FOR
                          SRI. DHARANESHA.,ADVOCATE)

                      AND:

                      1.    STATE OF KARNATAKA
                            BY JAGALUR P.S.,
Digitally signed by
LAKSHMINARAYANA             REPRESENTED BY STATE PUBLIC PROSECUTOR,
MURTHY RAJASHRI
Location: HIGH
                            HIGH COURT BUILDING,
COURT OF                    BANGALORE-560 001.
KARNATAKA

                      2.    SHRI PRAKASHA P,
                            S/O PALAPPA P,
                            AGED ABOUT 60 YEARS,
                            GOWRIPURA VILLAGE,
                            JAGALUR TALUQ,
                            DAVANAGERE 577 528.
                                                                 ...RESPONDENTS
                      (BY SMT N. ANITHA GIRISH., HCGP FOR R-1
                          R-2 SERVED AND UNREPRESENTED)
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                                            NC: 2024:KHC:5345
                                       CRL.A No. 2101 of 2023




     THIS CRL.A. IS FILED U/S.14(A) (2) OF SC/ST (POA)
ACT, 2015 PRAYING TO A. SET ASIDE THE ORDER OF HONBLE
II ADDITIONAL DISTRICT AND SESSIONS COURT AT
DAVANAGERE IN ITS SPL.C.NO.276/2023 ORDER DATED
17.10.2023 AND B. ENLARGE THE APPELLANT ON BAIL IN
CR.NO.7/2023 OF JAGALURU P.S., WHICH IS NOW PENDING
FOR TRIAL ON THE FILE OF THE HONBLE II ADDITIONAL
DISTRICT AND SESSIONS COURT, AT DAVNAGERE IN THEIR
SPL.C.NO.276/2023 FOR THE OFFENCE P/U/S.143, 147, 148,
120-B,302,201,212,149 OF IPC R/W SEC.3(2)(V-A),3(2)(v) OF
SC/ST (POA) 1989.

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                         JUDGMENT

This appeal is filed by the appellant - accused No.3

praying to set aside the order dated 17.10.2022 passed in

Special Case No.276/2023 by the II Additional District and

Sessions Judge, Davanagere, whereunder, the bail

application of the appellant - accused No.3 along with

other accused persons sought in respect of Crime

No.7/2023 of Jagalur Police Station for the offences

punishable under Sections 143, 147, 148, 120B, 302, 201,

212 r/w Section 149 of the Indian Penal Code, 1860 (for

short hereinafter referred to as "IPC") and Sections

3(2)(va) and 3(2)(v) of the Scheduled Castes and the

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Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for

short hereinafter referred to as "the Act"), came to be

rejected.

2. Heard learned counsel for the appellant-accused

No.3 and learned High Court Government Pleader for

respondent No.1-State. Inspite of service of notice

respondent No.2-complainant remained absent and

unrepresented.

3. The case of the prosecution is that, the

deceased Sri.Ramakrishna was a Social worker since two

to three years. He tried to bring awareness about the

programmes of Grama Panchayath namely, Grameen

Udyog Khatri Yojana and NAREGA Yojana. The accused

No.1 who is working as a Panchayath Development Officer

alleged to have mis-utilized the funds meant for Grama

Panchayath work and the deceased has obtained the

records through R.T.I and informed the same to the

Higher Authorities of the accused No.1. The Superior

Officers of the accused No.1 kept him under suspension.

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In order to wreak vengeance against the deceased, the

accused No.1 conspired with the other accused to kill the

deceased. In furtherance of the said conspiracy,

appellant-accused No.3 and 2, 4 to 6 assaulted the

deceased with stone and machete and caused his death.

The appellant - accused No.3 who is in judicial custody

filed an application seeking bail and the same came to be

rejected by the impugned order which is challenged in this

appeal.

4. Learned counsel for the appellant-accused No.3

would contend that the deceased was a rowdy sheeter.

The overtacts alleged against this appellant-accused No.3

is assault with hands. The doctor who conducted the post-

mortem examination of the dead body of the deceased has

found 05 cut injuries and opined that the said cut injuries

are may be caused by kadapa stone and machete. He

further contends that as charge sheet is filed, this

appellant-accused No.3 is not required for custodial

interrogation. This Court has granted bail to accused No.1

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and learned Sessions Court has granted bail to accused

Nos.2 and 5. He further contends that this appellant-

accused No.3 is similarly placed to that of accused persons

who have been granted bail, therefore this appellant-

accused No.3 is also entitled for grant of bail on the

ground of parity. With this, he prays to allow the appeal

and grant bail to the appellant - accused No.3.

5. Per contra, learned High Court Government

Pleader for respondent No.1-State would contend that the

offence alleged against this appellant-accused No.3 is

heinous offence punishable with death or imprisonment for

life. Charge sheet materials shows prima facie case

against this appellant-accused No.3 for offence alleged

against him. This appellant-accused No.3 along with other

accused persons conspired to kill the deceased and

assaulted with hands. If appellant-accused No.3 is

granted bail there is threat to the prosecution witnesses.

Considering all these aspects, learned Sessions Judge has

rightly rejected the bail application of this appellant-

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accused No.3. With this, she prayed for dismissal of the

appeal.

6. Having heard learned counsels, this Court has

perused the impugned order and charge sheet materials.

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

sheet, the overtacts alleged against this appellant-accused

No.3 is assault to the deceased with hands and legs.

Serious overtacts is alleged against other accused who

assaulted the deceased with kadapa stone and machete.

The doctor who conducted post-mortem examination of

the dead body of the deceased has found cut injuries and

opined that the said cut injuries are may be caused by

kadapa stone and machete. As charge sheet is filed, this

appellant-accused No.3 is not required for custodial

interrogation. The apprehension of the prosecution is that

if appellant-accused No.3 is granted bail there is threat to

the prosecution witnesses can be met with by imposing

stringent conditions. The appellant-accused No.3 has

NC: 2024:KHC:5345

made similar grounds for setting aside the impugned order

and grant of bail.

In the result, the following;

ORDER

The appeal is allowed.

The impugned order dated 17.10.2023 passed in

Special Case No.276/2023 by the II Additional District and

Sessions Judge, Davanagere is set-aside. The appellant -

accused No.3 is granted bail in Crime No.7/2023 of Jagalur

Police Station, subject to the following conditions:

(i) The appellant - accused No.3 shall execute a personal bond for a sum of Rs.1,00,000/- (One lakh only), with one surety for the likesum to the satisfaction of the Trial Court.

(ii) The appellant - accused No.3 shall not tamper or threaten the prosecution witnesses.

(iii) The appellant - accused No.3 shall appear before the Trial Court on all

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dates of hearing unless exempted and co-operate in speedy disposal of the case.