Karnataka High Court
Murali vs State Of Karnataka on 20 November, 2024
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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CRL.A No. 1805 of 2024
C/W CRL.A No. 1904 of 2024
CRL.A No. 1946 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL No. 1805 OF 2024
C/W
CRIMINAL APPEAL No. 1904 OF 2024
C/W
CRIMINAL APPEAL No. 1946 OF 2024
IN CRL.A No. 1805/2024
BETWEEN:
MURALI
S/O LATE SRINIVAS
AGED ABOUT 32 YEARS
R/O RAMASANDRA VILLAGE
NARASAPUR HOBLI
KOLAR TALUK - 563 130.
...APPELLANT
(BY SRI M SHARASS CHANDRA, ADVOCATE)
Digitally signed by
LAKSHMINARAYANA AND:
MURTHY RAJASHRI
Location: HIGH
COURT OF 1. STATE OF KARNATAKA
KARNATAKA
BY VEMAGAL POLICE STATION
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
BANGALORE - 560 001.
2. PRAVEEN R
S/O RAMAPPA
AGED ABOUT 35 YEARS
R/AT JODIGUBBI VILLAGE
HALLM RAMASANDRA VILLAGE
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CRL.A No. 1805 of 2024
C/W CRL.A No. 1904 of 2024
CRL.A No. 1946 of 2024
NARASAPUR HOBLI
KOLAR TALUK - 563 130.
...RESPONDENTS
(BY SRI K NAGESHWARAPPA, HCGP FOR R1
SRI M C VENKATARANGAIAH, ADVOCATE FOR R2)
THIS CRL.A IS FILED UNDER SECTION 14(A)(2) OF SC/ST
(POA) ACT PRAYING TO SET ASIDE THE ORDER DATED 21.09.2024
PASSED BY THE HON'BLE II ADDITIONAL DISTRICT AND
SESSIONS JUDGE, KOLAR IN SPL.SC.No.12/2024 (CR.No.98/2024)
AND GRANT THE REGULAR BAIL IN SPL.SC.No.12/2024
(CR.No.98/2024), FOR OFFENCES PUNISHABLE UNDER SECTIONS
143, 147, 148, 323, 324, 307, 302, 504, 506 R/W 149 OF IPC,
UNDER SECTION 3(1)(r)(s), 3(2)(v) OF SC/ST (POA) ACT, 2015,
WHICH IS PENDING ON THE FILE OF HON'BLE II ADDITIONAL
DISTRICT AND SESSIONS JUDGE, KOLAR AND ETC.,
IN CRL.A No. 1904/2024
BETWEEN:
HEMANTH R S
S/O. SHIVARUDRAIAH
HINDU, AGED ABOUT 31 YEARS
RESIDING AT 121, RAMASANDRA
VILLAGE, BYRANAHALLI
KOLAR TALUK - 563 133.
...APPELLANT
(BY SRI JEEVAN KUMAR B S, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY VEMAGAL POLICE STATION
KOLAR RURAL CIRCLE
KOLAR DISTRICT.
REPRESENTED BY SPP
HIGH COURT BUILDING
BENGALURU - 01.
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CRL.A No. 1805 of 2024
C/W CRL.A No. 1904 of 2024
CRL.A No. 1946 of 2024
2. PRAVEEN R
S/O. RAMAPPA
HINDU, AGED ABOUT 35 YEARS
RESIDING AT RAMASANDRA VILLAGE
NARASAPURA HOBLI, KOLAR TALUK
KOLAR - 563 133.
...RESPONDENTS
(BY SRI K NAGESHWARAPPA, HCGP FOR R1
SRI M C VENKATARANGAIAH, ADVOCATE FOR R2)
THIS CRL.A IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT
PRAYING TO SET ASIDE THE ORDER DATED 21.09.2024 IN
SPECIAL SC.No.12/2024 PASSED BY HON'BLE 2ND ADDITIONAL
DISTRICT AND SESSION JUDGE AT KOLAR AND ENLARGE THE
APPELLANT ON BAIL ON TERMS AND CONDITIONS AS IT DEEMS
FIT FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS
143, 147, 148, 323, 324, 504, 506, 307, 302 R/W 149 OF IPC,
SECTION 3(1)(r)(s) AND 3(2)(v) OF SC/ST (POA) ACT, 1989, IN
SPECIAL SC.No.12/2024 IN CR.No.98/2024 REGISTERED BY
VEMAGAL P.S., KOLAR RURAL CIRCLE, KOLAR DISTRICT PENDING
BEFORE THE HON'BLE 2ND ADDITIONAL DISTRICT AND SESSION
JUDGE AT KOLAR AND ETC.,
IN CRL.A No. 1946/2024:
BETWEEN:
1. SRINIVAS P @ SEENAPPA
S/O LATE PAPANNA
HINDU, AGED ABOUT 42 YEARS.
2. MAHESH KUMR @ MAHESH
S/O LATE PAPANNA
HINDU, AGED ABOUT 45 YEARS.
3. MANJUNATH @ HOTEL MANJANNA
S/O LATE SUBRAPPA
HINDU, AGED ABOUT 42 YEARS.
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CRL.A No. 1805 of 2024
C/W CRL.A No. 1904 of 2024
CRL.A No. 1946 of 2024
4. MALLESH
S/O LATE SUBRAPPA
HINDU, AGED ABOUT 44 YEARS.
5. NAVEEN
S/O LATE PRAKASH
HINDU, AGED ABOUT 28 YEARS.
ALL ARE RESIDING AT RAMASANDRA
VILLAGE, NARASAPURA HOBLI
KOLAR TALUK - 563 133.
...APPELLANTS
(BY SRI B S JEEVAN KUMAR, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY VEMAGAL POLICE STATION
KOLAR RURAL CIRCLE
KOLAR DISTRICT
REPRESENTED BY SPP
HIGH COURT BUILIDING
BENGALURU - 01.
2. PRAVEEN R
S/O RAMAPPA
HINDU, AGED ABOUT 35 YEARS
RESIDING AT RAMASANDRA VILLAGE
NARASAPURA HOBLI, KOLAR TALUK
KOLAR - 563 133.
...RESPONDENTS
(BY SRI K NAGESHWARAPPA, HCGP FOR R1
SRI M C VENKATARANGAIAH, ADVOCATE FOR R2)
THIS CRL.A IS FILED UNDER SECTION 14(A)(2) OF SC/ST
(POA) ACT PRAYING TO SET ASIDE THE ORDER DATED 21.09.2024
AND 09.10.2024 IN SPECIAL SC.No.12/2024 PASSED BY HON'BLE
2ND ADDITIONAL DISTRICT AN D SESSIONS JUDGE AT KOLAR AND
ENLARGE THE APPELLANT ON BAIL ON TERMS AND CONDITIONS
AS IT DEEMS FIT FOR THE ALLEGED OFFENCE PUNISHABLE UNDER
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CRL.A No. 1805 of 2024
C/W CRL.A No. 1904 of 2024
CRL.A No. 1946 of 2024
SECTIONS 143, 147, 148, 323, 324, 504, 506, 307, 302 R/W 149
OF IPC, SECTION 3(1)(r)(s) AND 3(2)(v) OF SC/ST (POA) ACT,
1989, IN SPECIAL SC.No.12/2024 IN CR.No.98/2024 REGISTERED
BY VEMAGAL P.S., KOLAR RURAL CIRCLE, KOLAR DISTRICT,
PENDING BEFORE THE HON'BLE 2ND ADDITIONAL DISTRICT AND
SESSION JUDGE AT KOLAR AND ETC.,
THESE APPEALS COMING ON FOR FURTHER HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL COMMON JUDGMENT
1. Crl.A.No.1805/2024 is filed by the appellant - accused
No.16 and Crl.A.No.1904/2024 is filed by accused No.14.
Both the appeals are filed praying to set-aside the order dated
21.09.2024 passed in Special S.C.No.12/2024 by the
II Additional District and Sessions Judge, Kolar.
Crl.A.No.1946/2024 is filed by accused Nos.2 to 6 praying to
set-aside the orders dated 21.09.2024 and 09.10.2024
passed in Special S.C.No.12/2024 by the II Additional District
and Sessions Judge, Kolar. In all the three appeals, the bail
applications filed by the appellants in respect of Crime
No.98/2024 of Vemagal Police Station registered for the
offences punishable under Sections 506, 504, 143, 147, 148,
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CRL.A No. 1805 of 2024
C/W CRL.A No. 1904 of 2024
CRL.A No. 1946 of 2024
302, 307, 323, 324 of the Indian Penal Code, 1860 (for short
hereinafter referred to as 'IPC') and Sections 3(1)(r) & (s) and
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.
2. Heard learned counsels for the appellants, learned
counsel for respondent No.2 and learned High Court
Government Pleader for respondent No.1 - State.
3. The case of the prosecution as per Column No.17 of the
charge sheet is that; there were quarrels between accused
No.1 and Sri.Ambarish - husband of CW5, about two years
prior to the incident in the Nature Daba and therefore, they
were grudging enmity against each other. That, on
02.05.2024 in the evening when CW1 with an intention to go
back to his town was moving near Safe Express Company, the
driver of the tractor took the tractor on the left side suddenly
and CW1 came in between the two vehicles and in that
regard, he was talking with the security of the Safe Express
Company. At that time, accused Nos.1 to 10 came together
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CRL.A No. 1805 of 2024
C/W CRL.A No. 1904 of 2024
CRL.A No. 1946 of 2024
and accused No.1 has abused CW1 taking his caste and
thereafter, CW1 went from that place. Thereafter, at
10.15 pm., accused Nos.1 to 16 holding weapons came near
the house of CW1; accused No.1 abused CW1 taking his caste
and threatened to kill him and dragged CW1 to Ashwatha
Katte of Ramasandra village; accused No.2 assaulted CW1
with club on his head, accused No.4 assaulted with stick of
Neelagiri Tree on CW1 on his waist; accused No.6 assaulted
CW1 with club on his left shoulder. At that time, when CW2
came to rescue CW1, accused No.3 assaulted CW2 with club
on his head and accused No.5 assaulted CW2 with club on his
left elbow. At that time, when CWs.3 and 4 came to rescue
CW1, accused Nos.14 and 15 assaulted CW4 with hands and
accused No.16 assaulted CW3 with hands. Accused No.2
dragged CW1 holding his shirt and torn it and caused simple
injuries to CWs.1 and 2. In the meantime, the deceased
Sri.Ambarish came there, asked accused No.1 as to why they
are assaulting CW1 - Sri.Praveen. At that time, accused No.1
asked him as to whether he is supporting CW1 - Sri.Praveen
and started quarrelling with him. Accused No.1 assaulted the
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CRL.A No. 1805 of 2024
C/W CRL.A No. 1904 of 2024
CRL.A No. 1946 of 2024
deceased Sri.Ambarish with club on his knee and the
deceased Sri.Ambarish in order to escape, ran away near the
Neelagiri garden of Sri.Kenchappa and all the accused persons
chased him and started quarrelling with him. At that time,
accused No.13 assaulted the deceased Sri.Ambarish with
machete on the right side of his head and caused severe
injury; accused No.1 assaulted him with the same machete
which accused No.13 was holding on the middle portion of his
head and caused bleeding injury; accused No.7 assaulted the
deceased Sri.Ambarish with iron pipe on his knee; accused
No.8 assaulted the deceased Sri.Ambarish with club on his
right hand and caused simple injury; accused No.9 assaulted
the deceased Sri.Ambarish with fist on his chest; accused
Nos.4 and 15 kicked the deceased Sri.Ambarish with their legs
and accused No.10 assaulted the deceased Sri.Ambarish with
his hands and caused simple injury; accused No.2 assaulted
the deceased Sri.Ambarish on his left eye with his fist;
accused Nos.11 and 12 assaulted the deceased Sri.Ambarish
with iron rod and iron pipe on his legs and the deceased
Sri.Ambarish succumbed to the injuries on the spot. Charge
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CRL.A No. 1805 of 2024
C/W CRL.A No. 1904 of 2024
CRL.A No. 1946 of 2024
sheet has been filed against accused persons for the offences
under Sections 143, 147, 148, 323, 324, 307, 302, 504 and
506 r/w Section 149 of IPC and Sections 3(1)(r) and 3(1)(s)
and 3(2)(v) of the SC/ST Act. The appellants who are
accused Nos.2 to 6, 14 and 16 and who are in judicial custody
have filed bail applications and the same came to be rejected
by the impugned orders.
4. Learned counsel for accused No.16 who is the appellant
in Crl.A.No.1805/2024 would contend that the incident had
taken place on 02.05.2024 and the complaint has been filed
on the next day and there is delay in filing the complaint.
CWs.5, 13 and 14 have not stated the presence of accused
No.16. CWs.2, 3 and 4 have stated in their statements that
accused Nos.16 assaulted CW3 with hands and chased the
deceased Sri.Ambarish. CWs.1 to 4 in their statement have
stated that accused No.16 assaulted CW3 with hands.
CWs.3 and 4 even though the eye witnesses to the incident
have not told the same to CW5 - wife of the deceased. He
submits that there is no serious overt act alleged against the
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CRL.A No. 1805 of 2024
C/W CRL.A No. 1904 of 2024
CRL.A No. 1946 of 2024
appellant - accused No.16 assaulting the deceased. CW3 who
is said to have been assaulted by accused No.16 has not
sustained any injury and she has not taken any treatment.
On these grounds, he prayed to allow the appeal and grant
bail to the appellant - accused No.16.
5. Learned counsel for accused No.14 who is the appellant
in Crl.A.No.1904/2024 would contend that the accusation
against accused No.14 is assault to CW4 with hands. CW4
has not taken any treatment. The wound certificate of CW4
has not been produced, which would itself indicate that CW4
has not sustained any injury. There is no allegation against
accused No.14 of assault to the deceased Sri.Ambarish. On
these grounds, he prayed to allow the appeal and grant bail to
accused No.14.
6. Learned counsel for accused Nos.2 to 6 who are the
appellants in Crl.A.No.1946/2024 would contend that the
accusation against accused No.2 is assault to the deceased on
his left eye with hand and accused No.4 kicked the deceased
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CRL.A No. 1805 of 2024
C/W CRL.A No. 1904 of 2024
CRL.A No. 1946 of 2024
with legs. There is no overt act alleged against accused Nos.3,
5 and 6 of assault to the deceased.
7. Per contra, learned High Court Government Pleader for
respondent No.1 - State would contend that CWs.1 to 4 are
the eye witnesses to the incident and they have stated the
specific overt act of each of the accused assaulting CWs.1 to
4. The wound certificate of CWs.1 and 2 would itself indicate
that they have sustained injuries. The deceased had sustained
32 injuries and the same can be seen in the post-mortem
report. The deceased died due to the injuries to his head.
The weapons used by the accused persons have been seized
under mahazar. The charge sheet material would indicate
that there is a prima facie case against the appellants for the
offences alleged against them. If the appellants - accused
are granted bail, there is threat to the prosecution witnesses.
On these grounds, he prayed to dismiss the appeals.
8. Learned counsel respondent No.2 would contend that
accused Nos.1 to 6 have assaulted CW1. Accused No.2
assaulted on the eye and the eye ball has come out. The
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CRL.A No. 1805 of 2024
C/W CRL.A No. 1904 of 2024
CRL.A No. 1946 of 2024
accused persons have criminal antecedents. They are involved
in several criminal cases. The criminal cases are pending
against the accused persons. If the appellants - accused
persons are granted bail, there is threat to the prosecution
witnesses. On these grounds, he prayed for dismissal of the
appeals.
9. Having heard the learned counsels, the Court has
perused the impugned orders and the charge sheet material.
10. The accusation against accused No.14 is that he
assaulted CW4 with hands and caused simple injury. The
accusation against accused No.16 is that he assaulted CW3
with hands. There is no accusation of accused Nos.14 and 16
assaulting CWs.1 and 2 or the deceased Sri.Ambarish. The
wound certificate of CWs.3 and 4 are not produced as they
have not taken any treatment. Except the presence of
accused Nos.14 and 16 on the spot at the time of the other
accused assaulting the deceased Sri.Ambarish, there is no
allegation of assault by accused Nos.14 and 16 to the
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C/W CRL.A No. 1904 of 2024
CRL.A No. 1946 of 2024
deceased Sri.Ambarish. Therefore, the appellants - accused
Nos.14 and 16 are entitled for grant of bail.
11. Accused No.3 assaulted CW1 with club on his head;
accused No.4 assaulted with Neelagiri sticks on the waist of
CW1, accused No.6 assaulted CW1 with club on his shoulder;
accused No.3 assaulted CW2 with club on his head; accused
No.5 assaulted CW2 with club on his left elbow; accused No.2
has dragged CW1 holding his shirt and torn it; accused No.2
assaulted the deceased Sri.Ambarish on his left eye and
accused No.4 has kicked the deceased with legs. The wound
certificate of CWs.1 and 2 would indicate that they have
sustained injuries which corresponds to the overt acts of the
accused Nos.3 to 6. The post-mortem report would indicate
that the deceased had sustained 32 injuries and the doctor
who had conducted the post-mortem examination, has opined
that he died due to the injuries to his head. CWs.1 to 4 are
injured and eye witnesses to the incident of assault by
accused Nos.2 to 6. CWs.8 to 10 are the eye witnesses to the
incident where the accused persons assaulted the deceased.
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CRL.A No. 1805 of 2024
C/W CRL.A No. 1904 of 2024
CRL.A No. 1946 of 2024
Considering the charge sheet material, there is a prima facie
case against the appellants - accused Nos.2 to 6
(Crl.A.No.1946/2024). Therefore, the appellants in
Crl.A.No.1946/2024 are not entitled for grant of bail. In the
result, the following;
ORDER
(1) Crl.A.No.1946/2024 filed by accused Nos.2 to 6 is
dismissed.
(2) Crl.A.No.1805/2024 filed by accused No.16 and
Crl.A.No.1904/2024 filed by accused No.14 are allowed.
Accused Nos.14 and 16 are granted bail in Crime
No.98/2024 of Vemagal Police Station (pending in Special
S.C.No.12/2024), subject to the following conditions;
(i) The appellants - accused Nos.14 and 16 shall
execute a personal bond for a sum of Rs.1,00,000/-
(Rupees One lakh only) each, with one surety for
the likesum to the satisfaction of the Trial Court.
(ii) The appellants - accused Nos.14 and 16 shall
not threaten the prosecution witnesses.
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(iii) The appellants - accused Nos.14 and 16 shall
appear before the Trial Court on all the dates of
hearing, unless exempted and co-operate in speedy
disposal of the case.
[
The Trial Court shall not be influenced by the
observations made above, at the time of trial.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
GH
