Karnataka High Court
Dhanush Kumar N @ Vale vs State Of Karnataka on 5 November, 2024
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2024:KHC:44381
CRL.A No. 1661 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL No. 1661 OF 2024
BETWEEN:
DHANUSH KUMAR N @ VALE
S/O NAGARAJU
AGED ABOUT 23 YEARS
R/AT No.403, 2ND CROSS
NEAR METRO STATION
DEEPANJALI NAGAR
BENGALURU - 560 026.
...APPELLANT
(BY SRI H N RAMESHA, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY K.P. AGRAHARA P.S.
REPRESENTED BY
STATE PUBLIC PROSECUTOR
Digitally signed HIGH COURT OF KARNATAKA
by HEMAVATHY BENGALURU - 560 001.
GANGABYRAPPA
Location: HIGH
COURT OF 2. SMT. YASHODA
KARNATAKA W/O LATE GOVIND
AGED ABOUT 44 YEARS
R/AT No.50/1, 5TH CROSS
CHELUVAPPA GARDEN
K.P. AGRAHARA
BANGALORE - 560 023.
...RESPONDENTS
(BY SRI K NAGESHWARAPPA, HCGP FOR R1
R2 SERVED. UNREPRESENTED)
-2-
NC: 2024:KHC:44381
CRL.A No. 1661 of 2024
THIS CRL.A IS FILED U/S 14(A)(2) OF SC/ST (POA)ACT
PRAYING TO SET ASIDE THE ORDER DATED:28.08.2024 ON
BAIL APPLICATION FILED BY THE ACCUSED No.4/APPELLANT
UNDER SECTION 439 OF Cr.P.C PASSED BY THE HON'BLE LXX
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT
BENGALURU AND ETC.,
THIS APPEAL COMING ON FOR ORDERS THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL JUDGMENT
1. This appeal is filed by accused No.4, praying to
set-aside the order dated 28.08.2024, passed in Special
Case No.1898/2023, by the LXX Additional City Civil and
Sessions Judge and Special Judge, Bengaluru,
whereunder, the bail application filed by this appellant -
accused No.4 sought in respect of Crime No.61/2023 of
Kempapura Agrahara Police Station for the offence under
Section 302 r/w Section 34 of the Indian Penal Code, 1860
(for short hereinafter referred to as 'IPC') and 3(2)(v) of
the Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989 came to be rejected.
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2. Heard the arguments of learned counsels appearing
for the appellant - accused No.4 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 22.05.2023, at
about 6.00 pm., in view of the village festival, accused
No.1 came there and met CWs.8 to 10. At the time, when
accused No.1 was talking with CWs.8 and 9, CW8 asked
accused No.1 to get him beer bottle and accused No.1
asked CW8 to bring the beer bottles and accordingly, CW8
brought the beer bottles and all of them consumed beer.
At that time, accused No.1 asked the deceased to come
near him and thereafter, accused No.1 again asked CW8
to bring the beer bottles and CW8 went to bring the beer
bottles and when he was bringing the beer bottles, friends
of accused No.4 - the appellant herein, asked him to give
the beer bottles to him and when he refused, friends of
accused No.4 abused him and thereafter, CW8 brought the
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beer bottles to the place, where accused No.1 was
present. He told the deceased and accused No.1 about
the abuse by the friends of the appellant - accused No.4
and at that time, the deceased Sri.Sagar asked CW8, as to
why he did not assault them there itself. At that time, the
appellant - accused No.4 came there and accused No.1
told the deceased that the said persons are the friends of
accused No.4. At that time, the deceased told accused
Nos.1 and 4, as to why they are interfering in that matter
and has abused them in filthy language. At that time,
accused No.1 became angry and with an intention to kill
the deceased, he summoned accused Nos.2 and 3 to the
spot with weapons. At that time, the deceased held the
shirt of accused No.1, at that time, accused No.3 abused
the deceased in a raised voice. At that time, the deceased
quarrelled with accused No.3 and went to assault him. At
that time, accused No.2 assaulted the deceased with long
chopper on his head and the deceased fell down and
CWs.8 to 10 came to rescue the deceased and accused
No.1 slashed the long chopper and they ran away. At that
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time, the deceased got up and started running. At that
time, accused Nos.3 and 4 held the deceased tightly and
accused Nos.1 and 2 assaulted on the face, neck and other
parts of the body with long chopper and committed
murder of the deceased. The deceased was belonging to
the Scheduled Caste. After investigation, charge sheet
came to be filed against accused Nos.1, 2 and 4 for the
offence under Section 302, r/w Section 34 of IPC. The
appellant - accused No.4 who came to be arrested on
29.05.2023 was in judicial custody and filed the bail
application. The same came to be rejected by the
impugned order, which is challenged in this appeal.
4. Learned counsel for the appellant - accused No.4
would contend that no serious overt acts are alleged
against the appellant - accused No.4. The allegation
against him is that he held the deceased tightly and at
that time, accused Nos.1 and 2 assaulted the deceased
with long chopper and caused severe injuries. He further
submits that CWs.8 to 10 who are eye witnesses to the
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incident have been examined as PWs.1 to 3 and they have
not supported the case of the prosecution. On these
grounds, he prayed to allow the appeal and grant bail to
the appellant - accused No.4.
5. Per contra, learned High Court Government Pleader
for respondent No.1 - State would contend that
though CWs.8 to 10 have not supported the case of the
prosecution, but, there are other prosecution witnesses
who are cited in the charge sheet are yet to be examined.
If the appellant - accused No.4 is granted bail, there is a
threat to the other witnesses who are yet to be examined.
This appellant - accused No.4 held the deceased tightly
and facilitated the other accused to assault the deceased.
Earlier, this Court considering the said aspects has
dismissed his appeal, challenging rejection of bail
application. There are no new grounds. With this, he
prayed to dismiss the appeal.
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6. Having heard the learned counsels, this Court has
perused the impugned order and the charge sheet
material.
7. There is no accusation of assault by this appellant -
accused No.4. The accusation against him is that he held
the deceased tightly and facilitated accused Nos.1 and 2 to
assault the deceased. CWs.8 to 10 are the eye witnesses
to the incident. They are already examined as PWs.1 to 3
and they have not supported the case of the prosecution.
As the eye witnesses are already examined and as there
are no serious overt acts alleged against the appellant -
accused No.4, he is entitled for grant of bail with
conditions. The appellant - accused No.4 has made out
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
28.08.2024 passed in Special Case No.1898/2023 by the
LXX Additional City Civil and Special Judge, Bengaluru is
NC: 2024:KHC:44381
set-aside. Consequently, the bail application of the
appellant - accused No.4 is allowed and he is ordered to
be released on bail in Crime No.61/2023 of Kempapura
Agrahara Police Station, subject to the following
conditions:
(i) The appellant - accused No.4 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.
(ii) The appellant - accused No.4 shall not
threaten or tamper the remaining prosecution
witnesses.
(iii) The appellant - accused No.4 shall appear
before the Trial Court on all the dates of hearing,
unless exempted and co-operate in speedy
disposal of the case.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
GH
