Karnataka High Court
Sri Suman Kumar vs The State Of Karnataka on 8 November, 2024
Author: K.Natarajan
Bench: K.Natarajan
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NC: 2024:KHC:45382
CRL.A No. 1705 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL APPEAL NO. 1705 OF 2024
BETWEEN:
SRI. SUMAN KUMAR,
S/O NARAYANASWAMY,
AGED ABOUT 27 YEARS,
R/A NO. 19, 1ST MAIN ROAD,
KRISHNAYYANAPALYA, INDIRANAGAR POST,
BENGALURU - 560 039.
...APPELLANT
(BY SRI. SUDHINDRA B.S, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY THE STATION HOUSE OFFICER,
RAMAMURTHY NAGAR POLICE STATION,
Digitally
signed by BENGALURU CITY - 560 016.
KAVYA R REPRESENTED BY HCGP, OFFICE AT
Location: High HIGH COURT BUILDING, BENGALURU - 560 001.
Court of
Karnataka
2. SMT. SUBBAMMA,
W/O LATE SRINIVAS,
AGED ABOUT 53 YEARS,
RESIDING AT NEAR MUNESHWARA TEMPLE,
KRISHNAIAHNA PALYA, BYAPPANAHALLI,
INDIRANAGAR POST, BENGALURU - 560 039.
...RESPONDENTS
(BY SMT. M.M. WAHEEDA, HCGP FOR R1;
R2 SERVED BUT UNREPRESENTED)
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NC: 2024:KHC:45382
CRL.A No. 1705 of 2024
THIS CRL.A IS FILED U/S.14(A)(2) OF SC/ST POA ACT
PRAYING TO A. SET ASIDE THE ORDER DATED 24.04.2024
PASSED IN SPL.C.C.NO.824/2021 ARISING OUT OF CRIME
NO.123/2021 DATED 29.03.2021 REGISTERED AT
RAMAMURTHY NAGAR POLICE STATION FOR THE OFFENCE
P/US/ 120(B), 302 R/W SEC.149 OF IPC AND SEC.25 OF ARMS
ACT AND SEC.3(2)(V)(va) OF SC/ST ACT PENDING ON THE
FILE OF THE LXX ADDITIONAL CITY CIVIL AND SESSIONS
JUDGE, AND SPECIAL JUDGE AT BENGALURU (CCH-71)
REJECTING THE RELIEF OF BAIL TO THE APPELLANT.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE K.NATARAJAN
ORAL JUDGMENT
This Successive appeal is filed by the appellant / accused
No.1 under Section 14-A(2) of the Scheduled Castes and
Schedule Tribes (Prevention Of Atrocities) Act, 1989 (referred
as 'the Act' for short), for setting aside the order dated
24.04.2024 passed by the LXX Additional City Civil and
Sessions Judge and Special Judge, Bengaluru in
Spl.C.No.824/2021 and to grant bail to the appellant / accused
No.1.
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2. Heard the learned counsel for appellant, Learned
High Court Government Pleader for the State and respondent
No.2 is served but unrepresented.
3. The case of the prosecution is that appellant and
others are said to be arrested by the police on 09.04.2022 on
the allegation that appellant and others are said to be
committed murder of deceased in the intervening night of
28/29.03.2021, when he was standing near an arch and taking
liquor.
4. Subsequently a complaint came to be filed by the
mother of the deceased and the bail application of the appellant
came to be rejected by the Trial Court. Accordingly, he has
approached this Court by filing an appeal in
Crl.A.No.1870/2022. However, the said appeal was dismissed
for non prosecution vide order dated 26.07.2023 due to non
appearance of the appellant's counsel. Once again appellant is
before this Court.
5. The learned counsel for the appellant submits that
24 witnesses are already examined. Most of the witnesses were
turned hostile except the mother of the deceased. Therefore,
he has contended that other accused were also granted bail
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except this appellant. Hence, prayed for releasing the appellant
by allowing the appeal.
6. Per contra learned High Court Government Pleader
objected the same.
7. Having heard the arguments, perused the records.
The bail application of this appellant came to be dismissed for
non-prosecution. However, a Co-ordinate Bench granted bail to
the accused Nos.5 to 7 on 26.07.2022 in Crl.A.No.839/2022.
8. The allegation against accused Nos.1 to 4 is that
they have committed the murder under the guidance of
accused Nos.5 to 7, who are said to be given suphari to them.
Now except PW.1, i.e., the mother of the deceased others have
turned hostile; especially PW.2, who was the last seen witness
turned hostile and also PW.4, who is said to be the witness, to
whom the accused No.1 is said to be informed that he has
committed the murder, even that witness also turned hostile
and most of the witnesses turned hostile. Except the
examination of the official witnesses, there is nothing left over
for examination by the Trial Court. The co-accused persons
already granted bail and apart from that the petitioner is in
custody for more than 3 years. Keeping the appellant in
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custody will not serve any purpose and if bail is granted, no
prejudice would be caused to the prosecution case. Instead, the
apprehension of the prosecution can be safeguarded by
imposing certain stringent conditions.
9. Hence, I pass the following:
ORDER
The appeal is allowed. The Trial Court is hereby directed
to release the appellant / accused No.1 on bail, in
Spl.C.No.824/2021 arising out of Crime No.123/2021 of
Ramamurthy Nagar Police Station, subject to the following
conditions:
(i) The appellant shall execute a personal bond
for a sum of `2,00,000/- (Two Lakhs only)
with two sureties for the likesum to the
satisfaction of the jurisdictional District
Court;
(ii) He shall not indulge in similar offences
strictly;
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(iii) He shall not tamper with the prosecution
witnesses directly/ indirectly;
(iv) He shall take the Trial without causing any
further delay.
Sd/-
(K.NATARAJAN)
JUDGE
LDC
