Karnataka High Court
Yallappa vs The State Of Karnataka And Anr on 20 February, 2024
Author: Rajendra Badamikar
Bench: Rajendra Badamikar
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CRL.A No.200028 of 2024
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 20TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR. JUSTICE RAJENDRA BADAMIKAR
CRIMINAL APPEAL NO.200028 OF 2024 (U/S 14 (A))
BETWEEN:
YALLAPPA S/O AMATEPPA,
AGE: 28 YEARS, OCC: NIL,
R/O H NO.1-11-1128/145,
RAMPUR ROAD, KULUSUMBI COLONY,
RAICHUR-584101.
...APPELLANT
(BY SRI ISHWARAJ S. CHOWDAPUR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA THROUGH
Digitally signed
SHO, WEST P. S., RAICHUR,
by SHILPA R REPRESENTED BY,
TENIHALLI ADDL. STATE PUBLIC PROSECUTOR,
Location: HIGH HIGH COURT OF KARNATAKA,
COURT OF
KARNATAKA KALABURAGI BENCH-585103.
2. ASHISH KUMAR ADONI S/O SHANTAKUMAR ADONI
AGE: 30 YEARS, OCC: STUDENT,
R/O 1-9-171 AZAD NAGAR,
RAICHUR-584101.
...RESPONDENTS
(BY SRI JAMADAR SHAHABUDDIN, HCGP FOR R1;
R2 SERVED)
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CRL.A No.200028 of 2024
THIS CRL.A IS FILED U/SEC. 14-A OF SC/ST (PA) ACT,
PRAYING TO SET ASIDE THE ORDER PASSED IN
CRL.MISC.NO.986/2023, PASSED BY THE I ADDITIONAL
DISTRICT AND SESSIONS JUDGE AT RAICHUR AND BE
RELEASE THE APPELLANT ON BAIL IN SPECIAL CASE
NO.763/2023, FOR THE OFFENCES PUNISHABLE U/SEC. 143,
147, 148, 323, 324, 326, 302, 504, R/W 149 OF IPC AND
U/SEC. 3(1) (R) (S) AND 3(2)(5) OF SC/ST P.A. ACT
(CR.NO.62/2023 OF WEST PS RAICHUR) PENDING BEFORE I.
ADDITIONAL SESSIONS JUDGE AT RAICHUR.
THIS APPEAL, COMING ON FOR FURTHER HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The appellant/accused No.4 has filed this appeal
under Section 14(A) of the Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Act, (for short,
'the SC/ST (POA) Act') for enlarging him on regular bail in
Crime No.62/2023 of West Police Station, Raichur
registered for the offences punishable under Sections 143,
147, 148, 323, 324, 326, 302 and 504 read with Section
149 of Indian Penal Code (for short, 'IPC') and Sections
3(1)(r)(s) and 3(2)(Va) of the SC/ST (POA), Act.
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2. The brief allegations of the prosecution are
that:
On 28.07.2023 at about 10-30 p.m., when the
deceased Mallikarjun and his friends C.W.8 and C.W.9
were proceeding on motorcycle bearing No.KA-36/EV-5293
near Kulsumbi colony on Rampur road within the
jurisdiction of West Police Station, Raichur, the present
petitioner along with the other accused under the
intoxicated state of mind formed unlawful assembly and
wrongfully restrained the deceased Mallikarjun, C.W.8 and
C.W.9 with common object. It is also alleged that accused
No.1 abused Mallikarjun in vulgar language with reference
to his caste insulting him in the public place and the
deceased was pushed. As a result, deceased Mallikarjun,
C.W.8 and C.W.9 fell on the ground. It is alleged that the
present appellant and others stamped the deceased by
legs while accused No.1 assaulted on the upper jaw and
near the right eyebrow by punch causing bleeding injury
and accused No.2 assaulted on the nose, face and head of
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the deceased with a club. As a result, the deceased
Mallikarjun was unconscious. Immediately, he was taken
to RIMS, Raichur and thereafter, he was shifted to VIMS,
Ballari for higher treatment, wherein he died on
09.08.2023 because of the injuries. The present appellant
who was arrayed as accused No.4 was arrested on
08.08.2023 and was remanded to the custody. He has
approached the learned Sessions Judge in Criminal
Miscellaneous No.986/2023 seeking regular bail and since
the bail petition came to be rejected by the learned
Sessions Judge, he is before this Court by way of this
appeal seeking regular bail.
3. Heard the arguments advanced by the learned
counsel for the appellant and learned High Court
Government Pleader for respondent No.1. Respondent
No.2 though served is unrepresented. Perused the records.
4. The learned counsel for the appellant would
contend that there is no common intention and the
allegations against the present appellant/accused No.4 is
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only he stamping the deceased and the main allegations
were directed against accused Nos.1 and 2 who punched
the deceased with a punch on his face and accused No.2
assaulting deceased by stick/club on his head. He would
contend that the provisions of either Section 34 or 149 of
IPC cannot be made applicable as against the present
appellant, as there is no meeting of mind. He would also
assert that there is inordinate delay in lodging the
complaint and the investigation is completed and the
charge-sheet is already laid down. He would further assert
that the appellant is in custody since 08.08.2023 and no
allegations were made against him regarding caste abuse
and he also belongs to schedule caste. Hence, he would
seek for allowing the appeal by admitting the appellant on
bail.
5. Per contra, learned High Court Government
Pleader would seriously oppose the appeal contending that
the appellant was part of the unlawful assembly which has
assaulted the deceased which has resulted in his death
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and he is responsible for the act done by the other
members of the unlawful assembly. He would contend that
there is prima facie material evidence and sought for
dismissal of the appeal.
6. Having heard the arguments and perusing the
records, the allegations of the prosecution disclose that
the alleged incident is said to have taken place at 10-30
p.m. on 28.07.2023 when the deceased Mallikarjun and
his friends C.W.8 and C.W.9 were proceeding on two
wheeler. They were alleged to be wrongfully restrained
and accused No.1 abused with reference to his caste on
the ground that he entered the area belonging to accused
No.1 and then since they pushed all the three persons i.e.,
the deceased, C.W.8 and C.W.9, they fell on the ground
from the motorbike and the appellant along with other
accused stamped the deceased. It is further alleged that
later on accused No.1 fisted him with punch while accused
No.2 assaulted by a club on his head and then the
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deceased was shifted to the hospital, but he succumbed
because of the injuries.
7. The allegations of the prosecution disclose that
the deceased was first shifted to RIMS, Raichur. It is
necessary for consideration as to the history recorded
there and the learned High Court Government Pleader on
directions of this Court has produced the MLC records
which disclose that the history was recorded in respect of
an unknown person and the history was of a road traffic
accident at Nijalingappa colony. No injuries were recorded
there and when he was referred to the higher treatment, it
was the duty of the concerned medical officer to give the
first aid and then, refer the injured to the higher hospital,
but the injury certificate or requisition given by the police
disclose that no injury was recorded. Subsequently, post
mortem report discloses that the death is due to cessation
of brain function as a result of injury to brain sustained in
assault. This post mortem report is pertaining to VIMS,
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Ballari, but the history given in RIMS, Raichur is of road
traffic accident which does not tally with each other.
8. Apart from that, the allegations against the
present appellant are that he stamped the deceased by
legs. However, the death is due to the injury on his head
due to cessation of brain function as a result of injury to
brain sustained in assault. Hence, it is evident that
stamping does not cause any grievous injury and
subsequently, accused Nos.1 and 2 punched the deceased
and assaulted him by club. The act of the appellant does
not attract the offence under Section 302 of IPC. Apart
from that on perusal of the post mortem report only one
external injury in the form of lacerated abrasion on the
right temple and the face measuring 14 x 6 cm with
stitches 2 in numbers is found over temple. If this injury
is taken in note of, then it is evident that the injured has
suffered only one external injury, but the allegations
against the present appellant is regarding stamping and no
corresponding injuries were found. Considering the overt
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act alleged against the present appellant, in my considered
opinion, there is no impediment for admitting the
appellant on regular bail, as he is in custody from
08.08.2023. Since final report is already submitted, his
presence is also no more required by the investigating
agency and considering his role, the question of he
tampering the prosecution witnesses does not arise at all.
9. The learned Sessions Judge has failed to
appreciate any of these aspects in proper perspective and
in a mechanical way on the ground that the offence under
Section 302 of IPC is punishable with death has rejected
the bail petition. Even he has failed to consider that no
allegation of caste abuse is made against the present
appellant/accused No.4 and he himself belongs to
schedule caste. Under these circumstances, the appeal
needs to be allowed and accordingly, I proceed to pass the
following:
ORDER
The appeal is allowed.
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The impugned order passed by the I Additional
District and Sessions Judge, Raichur in Criminal
Miscellaneous No.986/2023 dated 02.12.2023 is set aside.
The Criminal Miscellaneous No.986/2023 filed by the
appellant/accused No.4 before the learned Sessions Judge
under Section 439 of Cr.P.C. stands allowed.
The appellant/Accused No.4 is ordered to be
enlarged on bail in Crime No.62/2023 of West Police
Station, Raichur registered for the offences punishable
under Sections 143, 147, 148, 323, 324, 326, 302 and
504 read with Section 149 of Indian Penal Code and
Sections 3(1)(r)(s) and 3(2)(Va) of the SC/ST (POA) Act
on his executing a personal bond in a sum of
Rs.1,00,000/- with one surety for the like-sum to the
satisfaction of the Trial Court, subject to the following
conditions:-
i) The appellant shall not directly or indirectly
threaten or tamper with the prosecution;
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ii) The appellant shall appear before the Trial Court
regularly on all hearing dates without fail, unless
his presence is exempted for any valid reasons.
iii) The appellant shall not involve in any criminal
activities.
Sd/-
JUDGE
RSP
