Karnataka High Court
Sri Krishnappa @ Kitty vs State Of Karnataka By on 2 January, 2024
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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CRL.A No. 2267 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL NO. 2267 OF 2023
BETWEEN:
SRI. KRISHNAPPA @ KITTY,
S/O LATE SANNAYYA @ SANNAPPA,
AGED ABOUT 40 YEARS,
R/O. GOWRIGOWDANAHALLI VILLAGE,
PUROVARA HOBLI,
MADHUGIRI TALUK,
TUMAKURU DISTRICT - 572 132.
...APPELLANT
(BY SRI. G. M. SRINIVASA REDDY., ADVOCATE)
AND:
1. STATE OF KARNATAKA BY
KODIGEHALLI POLICE STATION,
REPRESENTED BY STATE PUBLIC
Digitally signed by PROSECUTOR,
LAKSHMINARAYANA
MURTHY RAJASHRI HIGH COURT BUILDING,
Location: HIGH
COURT OF BANGALORE - 560 001.
KARNATAKA
2. SRI. ARJUN NAIK
S/O. LAKSHMAN NAIK,
AGED ABOUT 21 YEARS,
R/O. GOWRIGOWDANAHALLI VILLAGE,
PUROVARA HOBLI,
MADHUGIRI TALUK,
TUMAKURU DISTRICT - 572 132.
...RESPONDENTS
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CRL.A No. 2267 of 2023
(BY SMT. N. ANITHA GIRISH, HCGP., ADVOCATE FOR R1,
SMT. SWASTHISHREE JAIN., ADVOCATE FOR R2)
THIS CRL.A. IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT,
2015 BY THE ADVOCATE FOR THE APPELLANT PRAYING TO
SET ASIDE THE ORDER DATED 10.11.2023 PASSED BY THE
LEARNED III ADDITIONAL DISTRICT AND SESSIONS JUDGE AT
TUMAKURU IN CRIMINAL MISC NO.1622 OF 2023 AND ETC.,
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the appellant/accused No.1 (in
charge sheet) accused No.2 (in FIR) praying to set aside
the order dated 10.11.2023 passed in
Crl.Misc.No.1622/2023 by the III Additional District and
Sessions Judge, Tumakuru, whereunder the bail petition of
this appellant/accused No.1 sought in respect of Crime
No.94/2023 of Kodigenahalli Police Station (Special Case
No.721/2023) for the offences punishable under Sections
279 and 302 of Indian Penal Code (in short 'IPC'), Sections
181, 192, 196 and 177 of the Indian Motor Vehicles Act,
1988 (in short the 'IMV Act') and Sections 3(1)(r)(s),
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3(2)(va) of the Scheduled Castes and the Scheduled
Tribes (Prevention of Atrocities) Act (in short the 'SC & ST
Act'), came to be rejected.
2. Heard learned counsel for appellant/accused
No.1 and learned counsel for respondent No.2 and learned
High Court Government Pleader for respondent
No.1/State.
3. On the first information filed by respondent No.2,
a case has been registered in Kodigenahalli Police Station
in Crime No.94/2023 for the offences punishable under
Sections 279 and 302 of IPC, Sections 181, 192, 196 and
177 of the IMV Act and Sections 3(1)(r)(s) and 3(2)(va) of
the SC & ST Act, wherein this appellant has been shown as
accused No.2 in FIR. This Appellant has been arrayed as
accused No.1 in the charge sheet which came to be filed
against this appellant for the offences punishable under
Sections 279 and 302 of IPC, Sections 181, 192, 196 and
177 of the IMV Act and Sections 3(1)(r)(s) and 3(2)(va) of
the SC & ST Act. This appellant/accused No.1 came to be
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arrested on 12.07.2023 and he is in judicial custody. The
appellant/accused No.1 has filed Crl.Misc.No.1622/2023
seeking bail and the same came to be rejected by III
Additional District and Sessions Judge, Tumakuru vide
order dated 10.11.2023, which is challenged in this
appeal.
4. Learned counsel for the appellant/accused No.1
would contend that the alleged incident and assault taken
place on 06.07.2023 and the complaint was filed on
10.07.2023. Hence, there is a delay in filing the complaint.
Accused No.2 (Accused No.1 in FIR) has been granted
bail. There is no allegation of assault by this appellant-
accused No.1 using any weapons, but there is only an
allegation of assault by hand on the head of the
deceased. Since, the deceased was admitted 06.07.2023
and died on 13.07.2023, the only eyewitness to the
incident, i.e., CW.4, the pillion rider of the bike of the
deceased, has not stated anything regarding assault by
this appellant-accused No.1. It is further contended that
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CWs' 1 to 3 are the family members of the deceased. As
the charge sheet is filed, the appellant/accused No. 1 is
not required for custodial interrogation. Without
considering these aspects, learned Special Judge has
passed the impugned order which requires interference by
this Court. With this, he prays to allow the appeal and
grant bail to the appellant/accused No. 1.
5. Per contra, learned High Court Government
Pleader for respondent No.1-State and leaned counsel for
respondent No.2 would contend that CW.1, the brother of
the deceased, CW.2, the father of the deceased, and
CW.3, another brother of the deceased, are eyewitnesses
to the alleged incident. They have stated regarding assault
by this appellant-accused No.1 on the head of the
deceased. Even an independent eyewitness, CW.14,
namely, Narendra, has stated regarding assault by this
appellant-accused No.1 to the deceased with hand on his
head. The doctor who conducted the PM examination on
the dead body of the deceased has opined that 'death is
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due to meningitis as a result of head injury sustained'. It
is further contended that there is prior enmity between
this appellant/accused No.1 and the deceased. He further
submitted that the charge sheet materials also show a
prima facie case against this appellant/accused No.1 for
the offences alleged against him. Considering all these
aspects, learned Session Judge has rightly passed the
impugned order which does not call for interference by this
Court. With this, they pray to dismiss the appeal.
6. Having heard learned counsel for the
appellant/accused No.1 and learned counsel for
respondent No.2 and learned High Court Government
Pleader, this Court has gone through the impugned order,
FIR, compliant and other documents.
7. On 06.07.2023 at about 5.00 p.m., the
deceased was riding a bike bearing Reg.No.KA-64-Q-8116
and CW.4 was a pillion rider and they were proceeding to
bring drinking water. At that time, accused No.2 drove his
bike bearing Reg.No.KA-06-R-9247 in a high speed, rash
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and negligent manner and dashed that to the bike of the
deceased, causing the accident, due to which the deceased
fell down. It is further case of the prosecution that when
the deceased fell down after the accident, at that time, the
appellant/accused No.1, who had enmity with the
deceased, as the deceased was eye teasing the girl related
to him, assaulted him with hands on his head and
thereafter, the deceased was admitted to hospital where
he died on 13.07.2023.
8. Initially, the FIR was registered for the offences
punishable under Sections 279, 337, 323 and 504 of IPC
and Section 3(1)(r)(s) of the SC & ST Act. Subsequently,
charge sheet has been filed for the offences punishable
under Section 302 of IPC and Sections 3(1)(r)(s) and
3(2)(va) of the SC & ST Act against this appellant/accused
No.1. CW.4, who is pillion rider of the bike of the
deceased has not stated anything regarding assault by this
appellant/accused No.1 on the deceased. Even, CW.14
statement has been recorded under Section 164 of
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Cr.P.C., therein he has not stated anything regarding
assault by this appellant/accused No.1 on the deceased.
CW.1, the brother of the deceased and CW.2, the father of
the deceased, have stated regarding the assault made by
this appellant/accused No.1 with hands on the head of the
deceased. CW.3, another brother of the deceased has
stated regarding assault by this appellant/accused No.1
with a hand on the head of the deceased and also dashing
the head of the deceased to the electric pole. CW.14, who
is an independent eyewitness, has stated that this
appellant/accused No.1 assaulted the deceased with a
hand on his head after the accident. Except for the CW.3
statement, other eyewitnesses, i.e. CW's.1, 2 and 14 have
not stated regarding the appellant/accused No.1 dashing
the head of the deceased to the electric pole. Even,
CW.14 has stated that, after the accident, there was a
bleeding from the nose of the deceased.
9. The doctor who conducted the PM examination
on the dead body of the deceased has opined that the
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cause of death is menantigies as a result of head injury
sustained. There were two incidents on that day, one is
the accident by accused No.2 and the assault by this
appellant/accused No.1 with a hand on the head of the
deceased. Whether the assault made by this accused No.2
on the head of the deceased caused his death is a matter
of trial. As a charge sheet is filed, the appellant/accused
No.1 is not required for custodial interrogation. Without
considering all these aspects, the learned Sessions Judge
has passed an impugned order which requires interference
by this Court.
10. In the facts and circumstances of the case, the
appellant/accused No.1 has made out grounds for setting
aside the impugned order and granting bail subject to
terms and conditions. In the result, following:
ORDER
The appeal is allowed.
The order dated 10.11.2023 passed in
Crl.Misc.No.1622/2023 by the III Additional District
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and Sessions Judge, Tumakuru is set aside.
Consequently, the appellant/accused No.1 is granted
bail and he is ordered to be released on bail in Crime
No.94/2023 (Special Case No.721/2023) of
Kodigenahalli Police Station, subject to the following
conditions;
a. The appellant/accused No.1 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 trial Court;
b. The appellant/accused No.1 shall not
threaten the complainant or tamper other
prosecution witnesses.
c. The appellant/accused No.1 shall appear
before the trial Court on all dates of
hearing unless exempted and cooperate
for speedy disposal of the case.
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d. If the appellant/accused No.1 is found to
be involved in commission of any of the
offences and on registration of any F.I.R
against him the trial Court can proceed for
cancellation of bail.
Sd/-
JUDGE
KTY
