Karnataka High Court

Anil. M vs State By on 28 May, 2024

Author: Shivashankar Amarannavar

Bench: Shivashankar Amarannavar

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                                                             NC: 2024:KHC:17963
                                                          CRL.A No. 122 of 2024
                                                      C/W CRL.A No. 218 of 2024
                                                          CRL.A No. 293 of 2024


                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 28TH DAY OF MAY, 2024

                                              BEFORE
                       THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR


                                 CRIMINAL APPEAL NO. 122 OF 2024
                                               C/W
                                 CRIMINAL APPEAL NO. 218 OF 2024
                                 CRIMINAL APPEAL NO. 293 OF 2024


                      IN CRL.A NO.122/2024
                      BETWEEN:

                      1.    ANIL. M
                            S/O. K. J. MAHADEVA,
                            AGED ABOUT 33 YEARS,
                            R/AT NEAR GOVERNMENT SCHOOL,
                            HOSA BADAVANE,
                            HALAGUDU VILLAGE,
                            T. NARASIPURA TALUK-571 124.
Digitally signed by
                            (S/O. MAHADEVA. K. J.)
LAKSHMINARAYANA
MURTHY RAJASHRI
                            AGED ABOUT 36 YEARS,
Location: HIGH              R/AT NO. 775,
COURT OF
KARNATAKA                   HOSA BADAVANE,
                            ALAGUDU VILLAGE,
                            KASABA HOBLI,
                            T. NARASIPURA TALUK,
                            ALAGUDU,
                            MYSORE-571 124.
                            (AS PER AADHAR CARD)
                            (JUDICIAL CUSTODY)
                           -2-
                                       NC: 2024:KHC:17963
                                    CRL.A No. 122 of 2024
                                C/W CRL.A No. 218 of 2024
                                    CRL.A No. 293 of 2024


2.   MANJU @ MANJUNATHA
     S/O. PUTTASWAMY,
     AGED ABOUT 21 YEARS,
     R/AT OPPOSITE FLOOR SCHOOL,
     KURUBAGERI,
     T. NARASIPURA TOWN-571 124,
     (MANJUNATHA P ALIAS MANJA
     S/O. PUTTASWAMY,
     AGED ABOUT 21 YEARS,
     R/AT PRESENT AND PERMANENT NO. 432/1, WARD
     NO. 22, MASEEDI STREET,
     OPPOSITE OF FLOOR SCHOOL,
     KURUBAGERI,
     T. NARASIPURA TOWN-571 124,
     AS PER CHARGE SHEET)

     (NAME IS MANJUNATHA. P AS PER HIS AADHAR
     CARD)
     (JUDICIAL CUSTODY)

3.   HARIS @ MOHAMMAD HARIS
     S/O. SARTHAJ PASHA,
     AGED ABOUT 21 YEARS,
     R/AT BEHIND HANUMAN TEMPLE,
     YEDADORE GATE,
     GARGESHWARI,
     T. NARASIPURA TOWN-571 124,
     (MOHAMMAD HARIS ALIAS HARIS
     S/O. SARTHAJ PASHA,
     AGED ABOUT 21 YEARS,
     R/AT NO. 42,
     SUSHILAMMA COLONY,
     WARD NO. 06, BYRAPURA AND GARGESHWARI,
     T. NARASIPURA TOWN-571 124.
     AS PER CHARGE SHEET
     (MAHAMMAD HARIS,
                              -3-
                                          NC: 2024:KHC:17963
                                       CRL.A No. 122 of 2024
                                   C/W CRL.A No. 218 of 2024
                                       CRL.A No. 293 of 2024


      S/O. SARTAJ,
      AGED ABOUT 23 YEARS,
      R/AT NO. 42, SUSHILAMMA COLONY,
      WARD NO.06, T. NARASIPURA TALUK,
      BYRAPUR,
      MYSORE-571 124.
      AS PER AADHAR CARD)
      (JUDICIAL CUSTODY)
                                                 ...APPELLANTS
(BY SRI. S. SHANKARAPPA, ADVOCATE)

AND:

1.    STATE BY
      T. NARASIPURA POLICE STATION,
      REP BY SPP,
      HIGH COURT COMPLEX,
      BANGALORE-560 001.

2.    RAMANUJAN,
      S/O LATE N.S. RAJAGOPAL,
      AGED ABOUT 38 YEARS,
      R/AT NO. 38, CHIKKA ANGADI
      BEEDHI, T NARASIPURA TOWN,
      MYSURU DISTRICT 571 124
                                                ...RESPONDENTS
(BY SRI. RANGASWAMY R., HCGP FOR R1;
    SRI. ARUNA SHYAM M., SENIOR COUNSEL FOR
    SRI. SUYOG HERELE, ADVOCATE FOR R2)

       THIS CRL.A IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT
PRAYING    TO   ENLARGE     THE    PETITIONER    ON   BAIL    IN
SPL.C.NO.647/2023 ON THE FILE OF THE VI ADDL.DISTRICT
AND    SPL.JUDGE   MYSURU    IN    CR.NO.173/2023     FOR    THE
OFFENCE P/U/S 143,147,148,504,506,323,120B,307,302,201
                            -4-
                                        NC: 2024:KHC:17963
                                     CRL.A No. 122 of 2024
                                 C/W CRL.A No. 218 of 2024
                                     CRL.A No. 293 of 2024


R/W 149 OF IPC AND SEC 3(2)(v) OF SC/ST (POA) ACT OF
T.NARASIPURA P.S.

IN CRL.A NO.218/2024
BETWEEN:

     P.N. NAGARAKSHITH P N @ RAKSHITH
     S/O P.K. NAGESH BABU,
     AGED ABOUT 21 YEARS,
     R/AT HOUSE NO 1463, KADLE RANGAMMANA STREET
     WARD NO 07, SEVENTH DAY SCHOOL BACKSIDE,
     T NARASIPURA TOWN 571124
     NAGARAKSHITH P N ALIAS RAKSHITH
     S/O P K NAGESH BABU,
     R/AT HOUSE NO 146/3, KADLE RANGAMMANA
     STREET WARD NO 07, SEVENTH DAY SCHOOL,
     BACKSIDE T NARASIPURA
     TOWN 571124
     (AS PER CHARGE SHEET,)
     P N NAGARAKSHITH,
     AGED ABOUT 21 YEARS,
     R/AT HOUSE NO 146/3, KADLE RANGAMMANA
     STREET, WARD NO 07, T NARASIPURA TOWN,
     T NARASIPURA MYSORE, KARNATAKA 571124
     AS PER AADHAR CARD
     (JUDICIAL CUSTODY)
                                            ...APPELLANT
(BY SRI. S. SHANKARAPPA, ADVOCATE)

AND:

1.   STATE BY
     T. NARASIPURA POLICE STATION,
     REP BY SPP,
     HIGH COURT COMPLEX,
     BANGALORE-560 001.
                               -5-
                                            NC: 2024:KHC:17963
                                        CRL.A No. 122 of 2024
                                    C/W CRL.A No. 218 of 2024
                                        CRL.A No. 293 of 2024


2.    RAMANUJAN,
      S/O LATE N.S. RAJAGOPAL,
      AGED ABOUT 38 YEARS,
      R/AT NO. 38, CHIKKA ANGADI
      BEEDHI, T NARASIPURA TOWN,
      MYSURU DISTRICT 571 124
                                               ...RESPONDENTS
(BY SRI. RANGASWAMY R., HCGP FOR R1;
    SRI. ARUNA SHYAM M., SENIOR COUNSEL FOR
    SRI. SUYOG HERELE, ADVOCATE FOR R2)

       THIS CRL.A IS FILED U/S.14(A)(2) OF SC/ST (POA) ACT
PRAYING TO SET ASIDE THE ORDER OF BAIL REJECTION OF
THE      SESSIONS     COURT         DATED    23.11.2023     IN
SPL.C.NO.647/2023 ON THE FILE OF THE VI ADDL.DISTRICT
AND    SPL.JUDGE    MYSURU    IN    CR.NO.173/2023   FOR   THE
OFFENCE P/U/S 143, 147, 148, 504, 506, 323, 120B, 307, 341,
302, 201 R/W 149 OF IPC AND SEC.3(2)(v)OF SC/ST (POA)
ACT OF T.NARASIPURA P.S.,

IN CRL.A NO.293/2024


BETWEEN:

      SHASHI,
      S/O NAGARAJU,
      AGED ABOUT 32 YEARS,
      R/AT NO.515,
      SRIRAMPURA STREET,
      WARD NO.9,
      T. NARASIPURA TOWN,
      MYSURU DISTRICT - 571 124
                                                  ...APPELLANT
(BY SRI. LETHIF B., ADVOCATE)
                              -6-
                                          NC: 2024:KHC:17963
                                       CRL.A No. 122 of 2024
                                   C/W CRL.A No. 218 of 2024
                                       CRL.A No. 293 of 2024


AND:

1.   THE STATE OF KARNATAKA
     BY T. NARASIPURA POLICE STATION,
     MYSURU DISTRICT,
     REP BY SPP,
     HIGH COURT BUILDING,
     BANGALORE - 560 001.

2.   RAMANUJAN,
     S/O RAJAGOPAL,
     AGED ABOUT 38 YEARS,
     R/AT CHIKKA ANGADI BEEDHI,
     T NARASIPURA TOWN,
     MYSURU DISTRICT - 571 124
                                               ...RESPONDENTS
(BY SRI. RANGASWAMY R., HCGP FOR R1;
    SRI. ARUNA SHYAM M., SENIOR COUNSEL FOR
    SRI. SUYOG HERELE, ADVOCATE FOR R2)

       THIS CRL.A IS FILED U/S.14(A)(2) OF CR.P.C PRAYING
TO   SET    ASIDE   THE    ORDER     DATED     23.11.2023    IN
SPL.C.NO.647/2023 (CR.NO.173/2023) OF T.NARASIPURA P.S
MYSURU       DISTRICT      FOR     THE    OFFENCE        P/U/S
143,147,148,504,506,323,120(B),307,341,302,201,149 OF IPC
AND SEC.3(2)(v) OF SC/ST (POA) ACT PENDING ON THE FILE
OF   VI    ADDL.DISTRICT   AND     SPL.JUDGE    MYSURU      AND
RELEASED HIM ON BAIL.

       THESE APPEALS, COMING ON FOR ADMISSION, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
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                                             NC: 2024:KHC:17963
                                          CRL.A No. 122 of 2024
                                      C/W CRL.A No. 218 of 2024
                                          CRL.A No. 293 of 2024


                             JUDGMENT

Criminal Appeal No.293/2024 is filed by accused

No.8 praying to set aside the order dated 23.11.2023

passed in Special Case No.647/2023 by the VI Additional

District and Special Judge, Mysuru whereunder bail

application of appellant/accused No.8 came to be

rejected.

Criminal Appeal No.122/2024 is filed by

appellants/accused Nos.3, 5 and 6 praying to set aside

the order dated 28.12.2023 passed in Special Case

No.647/2023 by the VI Additional District and Special

Judge, Mysuru where under their bail applications came to

be rejected.

Criminal Appeal No.218/2024 is filed by accused

No.7 praying to set aside the order dated 23.11.2023

passed in Special Case No.647/2023 by the VI Additional

District and Special Judge, Mysuru where under his bail

application came to be rejected.

NC: 2024:KHC:17963

2. All the appellants are accused in crime

No.173/2023 of T.Narasipura Police Station registered for

the offences punishable under Sections 143, 147, 148,

504, 506, 323, 120B, 307, 341, 302, 201 r/w Section 149

of IPC and Section 3(2)(v) of the Scheduled Caste &

Scheduled Tribe (Prevention of Atrocities) Act.

3.Heard the learned counsels for appellants and

learned HCGP for respondent No.1-State and learned

Senior counsel for respondent No.2/complainant.

4. Case of the prosecution is that on 08.07.2023

there was Hanuma Jayanthi program and respondent No.2

and others were stopping the entry of the vehicles into

the temple premises. At that time, accused No.1-

Manikanta and accused No.2-Sandesh were entering on

motorbike through main door of the temple and

respondent No.2 and Gopala asked the volunteers not to

allow the vehicles inside and accused Nos.1 and 2 were

enraged by the said aspect. Thereafter, on 09.07.2023 at

about 04.00 pm when respondent No.2 and deceased

NC: 2024:KHC:17963

Venugopal were returning the goods brought for the

function, at that time, accused Nos.1 and 4 quarreled with

them, torn the clothes of the deceased-Venugopal,

assaulted him on his lip and caused injury. Accused Nos.1

to 4 assaulted the deceased-Venugopal and respondent

No.2 and Chetan pacified the quarrel. Thereafter, at 08.15

pm accused No.1 made a phone call to the deceased-

Venugopal asking him to come near the service station for

talks. When the deceased-Venugopal and others on

motorcycle were near the fire service station, they saw

accused Nos.1 to 4 and 3-4 other persons were holding

deadly weapons and when the deceased-Venugopal and

Chetan got down from the motorbike, accused No.1

started assaulting the deceased-Venugopal and accused

No.3 assaulted the deceased-Venugopal with glass bottle

on his face and head and accused No.4 assaulted with

knife on his stomach, ribs and accused No.6 with a broken

glass bottle assaulted on different parts of the body of the

deceased-Venugopal and accused No.5 with a broken

glass bottle assaulted him on his left rib and neck. At that

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NC: 2024:KHC:17963

time, accused No.4 assaulted with hands and broken glass

bottle and accused No.5 assaulted with a broken glass

bottle on left side of rib, neck and attempted to commit

the murder. Thereafter, the deceased-Venugopal was

taken to hospital and the Doctor who examined him told

that he was dead.

5. Learned counsel for the appellant/accused No.8

would contend that the name of accused No.8 is not

stated in FIR even though there is accusation in the

charge sheet stating that accused No.8 had held the

hands of the deceased but CWs-1 to 3, who are eye

witnesses in this case have not stated the same in their

statements. There is no overt act of assault alleged

against accused No.8.

6. Learned counsel for appellants/accused Nos.3, 5,

6 and 7 would contend that the accusation against

accused No.7 is that he gave beer bottle to accused

Nos.3, 5 and 6 and there is no accusation of assault by

accused No.7. He contends that the accusation against

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NC: 2024:KHC:17963

accused Nos.3, 5 and 6 is that they have assaulted the

deceased by broken bottle and the injuries caused do not

result in the death of the deceased. The deceased had

consumed alcohol at the time of the incident, which is

stated in the FSL report. The police have recorded the

statement of CWs-1 to 3 after recording the statement by

the Magistrate under Section 164 of Cr.P.C and hence

prays to allow the appeals.

7. Learned HCGP would contend that complainant

and CWs 2 and 3 are eye witnesses to the incident. They

have stated in their statements recorded under Section

164 of Cr.P.C about the specific overt act against the

accused Nos.3, 5 and 6 assaulting the deceased with

bottle. The PM report indicates that deceased has

sustained 17 injuries and cause of death is multiple sharp

injuries sustained by the deceased. Hence, prays to

dismiss the appeals.

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NC: 2024:KHC:17963

8. Learned senior counsel for respondent No.2/

complainant would contend that there are serious overt

acts alleged against the appellants/accused Nos.3, 5 and

6 who have assaulted the deceased with beer bottle on his

head, face etc. The said overt acts are stated by CWs-1

to 3, who are eye witnesses to the incident in their

statements recorded under Section 164 of Cr.P.C. The

victim belongs to schedule caste and there is a threat to

the wife of the deceased, who is having a small kid.

Hence, prays to allow the appeals.

9. Having heard the learned counsels, the Court has

perused the impugned orders and the charge sheet

materials.

10. On perusal of the statements of CWs-1 to 3

recorded under Section 164 of Cr.P.C., which indicates

that they have assaulted the deceased with beer bottle on

his head, face and other parts of the body. The P.M.

report indicates that deceased has sustained 17 injuries

and the cause of death is due to sharp injuries sustained

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NC: 2024:KHC:17963

by the deceased. Even though the assault made by the

accused Nos.3, 5 and 6 might not have caused the death

but there is a serious accusation against them in

assaulting the deceased with beer bottle on his face, head

and other parts of the body causing serious injuries.

Considering the said aspect, the learned Special Judge has

rightly rejected the bail applications of accused Nos.3, 5

and 6.

11. The accusation against accused No.8 in the

charge sheet is that he held the hands of the deceased at

the time of incident. Upon perusal of the statements of

CWs-1 to 3, there is no such accusation against the

accused No.8 with regard to holding the hands of the

deceased. There is no overt act alleged against accused

No.8 assaulting the deceased. Therefore, accused No.8 is

entitled for grant of bail.

12. The accusation against accused No.7 in the

charge sheet is that he gave beer bottle to accused Nos.3,

5 and 6 and there is no accusation against accused No.7

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NC: 2024:KHC:17963

of assault to the deceased. Therefore, accused No.7 is

entitled for grant of bail. In the result, the following:-

ORDER

Criminal appeal No.122/2024 filed by accused Nos.3,

5 and 6 is hereby dismissed.

Criminal appeal No.293/2024 filed by accused No.8

and Criminal Appeal No.218/2024 filed by accused No.7

are hereby allowed.

Accused Nos.7 and 8 are ordered to be enlarged on

bail in crime No.173/2023 of T. Narasipura Police Station

pending in Special case No.647/2023 on the file of the VI

Additional District and Special Judge, Mysuru, subject to

the following conditions:-

I. Accused Nos.7 and 8 shall execute a personal bond for a sum of Rs.1,00,000/- each (Rupees One Lakh only) with one surety for the like sum to the satisfaction of the Trial Court.