Karnataka High Court
Sri. Dileep Kumar S vs The State Of Karnataka on 1 July, 2024
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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NC: 2024:KHC:24337
CRL.A No. 733 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL No. 733 OF 2024
BETWEEN:
SRI DILEEP KUMAR S
S/O SHEKAR
AGED ABOUT 29 YEARS
R/AT No. CHANDRU'S RENTED HOUSE
No.72, 2ND MAIN, 3RD CROSS
BEHIND ANJANEYA TEMPLE
VITTAL NAGAR, CHAMARAJPET
BENGALURU - 560 018.
...APPELLANT
(BY SRI NARAYANASWAMY K N, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BYATARAYANAPURA POLICE STATION
REP. BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
Digitally signed by HIGH COURT BUILDINGS
LAKSHMINARAYANA
MURTHY RAJASHRI BANGALORE - 560 001.
Location: HIGH
COURT OF 2. SRI SATHISH
KARNATAKA
S/O GOPI
AGED ABOUT 26 YEARS
R/AT No.38, 3RD FLOOR
3RD CROSS, M.C.T. QUARTERS
NEAR SATELLITE BUS STOP
MYSORE ROAD
BANGALORE - 560 026.
...RESPONDENTS
(BY SRI LAKSHMAN B, HCGP FOR R1
R2 SERVED AND UNREPRESENTED)
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NC: 2024:KHC:24337
CRL.A No. 733 of 2024
THIS CRL.A. IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT,
2015 PRAYING TO SET ASIDE THE ORDER AND ENLARGE HIM
ON REGULAR BAIL IN (CR.No.474/2023) SPL.C.No.172/2024
OF BYATARAYANAPURA POLICE, FOR THE OFFENCE P/U/S
120B, 143, 147, 148, 302, 201, 212 R/W 149 OF IPC AND U/S
3(2)(v) OF SC AND ST(POA) ACT, 1989, PENDING ON THE FILE
OF THE LXX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE
(CCH-71) AT BANGALORE AND ETC.,
THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
1. This appeal is filed by accused No.5 praying to set-
aside the order dated 28.03.2024 passed in
Crl.Misc.No.2009/2024 by the LXX Additional City Civil and
Sessions Judge, Bengaluru, whereunder, the bail petition
of this appellant - accused No.5 sought in respect of Crime
No.474/2023 of Byatarayanapura Police Station registered
for the offences punishable under sections 120B, 143,
147, 148, 302, 201, 212 r/w Section 149 of the Indian
Penal Code, 1860 (for short hereinafter referred to as
'IPC') and Section 3(2)(v) of the Scheduled Castes and
the Scheduled Tribes (Prevention of Atrocities) Act, 1989
(for short hereinafter referred to as "the SC/ST Act"),
came to be rejected.
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2. Heard learned counsel for the appellant - accused
No.5 and learned High Court Government Pleader for
respondent No.1 - State. Inspite of service of notice,
respondent No.2 has remained absent and unrepresented.
3. Case of the prosecution is that; on 05.12.2023 at
about 9.50 pm, the complainant had been to hand over his
two wheeler to his friend along with his cousin brother
Sri.Arun. After handing over the two wheeler, the
complainant along with his cousin brother Sri.Arun
standing along with his friend Sri.Selva, all of a sudden,
they heard massive sound of the vehicles coming behind
them, all of a sudden three to four, two wheelers arrived
to the spot and all of them surrounded them, found
equipped with the deadly weapons attempted to assault.
Apprehending the danger, all of them started running, but
the accused persons surrounded Sri.Arun and assaulted
him with the deadly weapon and killed him and they went
from the spot on their bikes. The charge sheet came to be
filed against the appellant - accused No.5 and the other
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accused for the offences under Sections 120B, 143, 147,
148, 302, 201, 212 r/w Section 149 of IPC and Section
3(2)(v) of the SC/ST Act. The appellant - accused No.5
came to be arrested on 07.12.2023 and he is in the
judicial custody. The appellant - accused No.5 filed the
bail petition in Crl.Misc.No.2009/2023 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.5
would contend that there is no serious overt-act alleged
against this appellant - accused No.5. The accusation
against him is that he went along with the other accused
to the spot on the bike. There is no overt-act of assault
on the deceased by this appellant - accused No.5. The
accusation against this appellant - accused No.5 is that he
took accused No.3 on his bike and assisted to reach the
spot. As the charge sheet is filed, this appellant - accused
No.5 is not required for the custodial interrogation. With
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this, he prayed to allow the appeal and grant bail to the
appellant - accused No.5.
5. Per contra, learned High Court Government Pleader
for the respondent No.1 - State would contend that this
appellant - accused No.5 was present on the spot and he
came with accused No.3 to the spot on the bike along with
the other accused. The appellant - accused No.5 is having
criminal background and he is involved in the criminal
cases. If the appellant - accused No.5 is granted bail,
there is a threat to the prosecution witnesses. With this,
he prayed to dismiss the appeal.
6. Having heard the learned counsels, the Court has
perused the impugned order and the charge sheet records.
7. Upon perusal of Column No.17 of the charge sheet,
the accusation leveled against this appellant - accused
No.5 is that he reached the spot along with the other
accused on the bike and accused Nos.1 to 4, 6 to 9 and 11
assaulted the deceased with weapons and killed him.
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There is no overt-act alleged against this appellant -
accused No.5 assaulting the deceased. As the charge
sheet is filed, this appellant - accused No.5 is not required
for the custodial interrogation. The appellant - accused
No.5 has made out a case for setting aside the impugned
order and grant of bail, with conditions. In the result, the
following;
ORDER
The appeal is allowed. The impugned order dated
28.03.2024 passed in Crl.Misc.2009/2024 by the LXX
Additional City Civil and Sessions Judge, Bengaluru is set-
aside. The appellant - accused No.5 is granted bail in
Crime No.474/2023 of Byatarayanapura Police Station,
subject to the following conditions;
(i) The appellant-accused No.5 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 appellant-accused No.5 shall not threaten
the prosecution witnesses.
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(iii) The appellant-accused No.5 shall attend the
Court on all the dates of hearing unless
exempted and co-operate in speedy disposal
of the case.
Sd/-
JUDGE
GH
