Karnataka High Court

Mr Yashwanth G vs State Of Karnataka By on 23 November, 2024

Author: Shivashankar Amarannavar

Bench: Shivashankar Amarannavar

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                                                           CRL.A No. 1973 of 2024
                                                       C/W CRL.A No. 1977 of 2024



                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 23RD DAY OF NOVEMBER, 2024

                                               BEFORE
                      THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
                                 CRIMINAL APPEAL No. 1973 OF 2024
                                                C/W
                                 CRIMINAL APPEAL No. 1977 OF 2024

                      IN CRL.A No. 1973/2024

                      BETWEEN:

                            ARUN KUMAR R
                            AGED ABOUT 23 YEARS
                            S/O RAVI
                            R/A VALMIKI BHAVANA BACKSIDE
                            GOKHARE TOTA, DEVANAHALLI TOWN
                            BANGALORE RURAL
                            BANGALORE - 562 110.
                                                                   ...APPELLANT

                      (BY SRI M S SHYAM SUNDAR, SENIOR ADVOCATE FOR
                          SMT. VANDANA P L, ADVOCATE)

Digitally signed by   AND:
LAKSHMINARAYANA
MURTHY RAJASHRI
Location: HIGH        1.    STATE OF KARNATAKA BY
COURT OF
KARNATAKA                   CHANNARAYAPATNA PS
                            REPRESENTED BY SPP
                            HIGH COURT OF KARNATAKA
                            BANGAOLORE - 560 001.

                      2.    MR. PRAVEEN C.N
                            AGED ABOUT 25 YEARS
                            S/O NAGARAJ, CHANNAHALLI VILLAGE,
                            CHNNARAYAPATTANA HOBLI
                            DEVANAHALLI TALUK
                              -2-
                                             NC: 2024:KHC:47811
                                       CRL.A No. 1973 of 2024
                                   C/W CRL.A No. 1977 of 2024



      BANGALORE DISTRICT- 562 135.
                                               ...RESPONDENTS
(BY SRI K NAGESHWARAPPA, HCGP FOR R1
    SRI C H DODDEGOWDA, ADVOCATE FOR R2)

        THIS CRL.A IS FILED UNDER SECTION 14(A)2) OF SC/ST
(POA) ACT PRAYING TO SET ASIDE THE ORDERS PASSED BY
THE LEARNED II ADDITIONAL DISTRICT AND SESSIONS JUDGE
BENGALURU       RURAL    DISTRICT      AT     BENGALURU      IN
SPL.C.No.344/2024 DATED 26.09.2024 AND RELEASE THE
APPELLANT ON BAIL VIDE ANNEXURE-D ARISING OUT OF
CR.No.14/2024 DATED 31.01.2024 OF CHANNARAYAPATNA
P.S. FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 143,
147, 148, 447, 323, 324, 307, 354, 504, 506, 302 R/W 149 OF
IPC     AND   SECTION   3(1)(r)(s),3(2)(5)    OF   SC/ST   ACT
ARRAIGNING THE PRESENT APPELLANT AS ACCUSED No.3 AND
ETC.,

IN CRL.A No. 1977/2024


BETWEEN:

      MR. YASHWANTH G
      AGED ABOUT 23 YEARS
      S/O MR GOPAL
      PUTTAPPANA STREET
      20TH WARD, DEVANAHALLI
      DEVANALLI TALUK
      BENGALURU RURAL
      BANGALORE - 562 110.
                                         ...APPELLANT
(BY SRI M S SHYAM SUNDAR, SENIOR ADVOCATE FOR
    SMT. VANDANA P L, ADVOCATE)
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                                        CRL.A No. 1973 of 2024
                                    C/W CRL.A No. 1977 of 2024



AND:

1.   STATE OF KARNATAKA BY
     CHANANRAYAPATNA PS
     REPRESENTED BY SPP
     HIGH COURT OF KARNATAKA
     BANGALORE - 560 001.

2.   MR. PRAVEEN C N
     AGED ABOUT 25 YEARS
     S/O NAGARAJ
     CHANNAHALLI VILLAGE
     CHNNARAYAPATTNA HOBLI
     DEVANAHALLI TALUK
     BANGALORE DISTRICT - 562 135.
                                               ...RESPONDENTS
(BY SRI K NAGESHWAPPA, HCGP FOR R1
    SRI C H DODDEGOWDA, ADVOCATE FOR R2)

     THIS CRL.A. IS FILED UNDER SECTION 14(A)(2) OF SC/ST
(POA) ACT, 2015 PRAYING TO SET ASIDE THE ORDERS
PASSED BY THE LD. II ADDITIONAL DISTRICT AND SESSIONS
JUDGE, BANGALORE RURAL DISTRICT AT BANGALORE IN
CRL.MISC.No.1331/2024 DATED 26.06.2024 VIDE ANNEXURE-
C IN SPL.C.No.344/2024 AND RELEASE THE APPELLANT ON
BAIL ARISING OUT OF CR.No.0014/2024 DATED 31.01.2024
OF CHANNARAYAPATNA P.S. FOR THE OFFENCE PUNISHABLE
UNDER SECTIONS 143, 147, 148, 447, 323, 324, 307, 354,
504, 506, 302 R/W 149 OF IPC AND SECTION 3(1)(r)(s),
3(2)(5) SC/ST ACT AND ETC.,


       THESE APPEALS COMING ON FOR ADMISSION THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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                                      CRL.A No. 1973 of 2024
                                  C/W CRL.A No. 1977 of 2024



CORAM:     HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR


                       ORAL JUDGMENT

Crl.A.No.1973/2024 is filed by appellant -accused

No.3 praying to set aside the order dated 26.09.2024

passed in SPl.C.No.344/2024 by the II Additional District

and Sessions Judge and Special Judge, Bengaluru Rural

District, Bengaluru.

2. Crl.A.No.1977/2024 is filed by the appellant -

accused No.2 praying to set aside the order dated

26.06.2024 passed in Crl.Misc.No.1330/2024 by the II

Additional District and Sessions Judge and Special Judge,

Bengaluru Rural District, Bengaluru.

3. In both impugned orders, bail petitions filed by

appellants -accused Nos.2 and 3 in respect of Crime No.

14/2024 of Channarayapatna Police Station registered for

the offences punishable under Sections 143, 147, 148,

447, 120B, 323, 324, 302, 307, 354, 504 and 506 r/w

Section 149 of the Indian Penal Code, 1860 (hereinafter

referred to as "IPC" for brevity) and Sections 3(1)(r)(s)(w)

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and 3(2)(v-f) of the Scheduled Castes and the Scheduled

Tribes (Prevention of Atrocities) Act, 1989 (hereinafter

referred to as "SC and ST Act" for brevity) came to be

rejected.

4. Heard learned Senior Counsel for appellants -

accused Nos. 2 and 3, learned counsel for respondent No.2

and learned High Court Government Pleader for

respondent No.1 - State.

5. It is the case of the prosecution that CW8 -

Sri.Narayana Swamy is the owner of Sy.No.77 and he

agreed to sell 10 guntas of land out of 1 acre 10 guntas of

land to accused No.11 for a sum of Rs.12,85,000/- and

received an advance amount of Rs.3,15,000/-. Thereafter,

a substantial portion of the land in Sy.No.77 is acquired

for formation of road and CW8 has not executed a

registered sale deed and agreed to return the advance

amount to accused No.11. That, on 31.01.2024 at 9.30

am, CW8 was digging the bore well in his land. Accused

Nos.1 and 11 came there and raised objection for such

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digging of bore well in the said land and CW8 did not stop

digging of the bore well. Accused Nos.1, 11 to 13 called

accused Nos.2 to 10 near Toll Plaza and hatched criminal

conspiracy and accused Nos.1, 11 to 13 abetted the other

accused to make galata to stop the bore well work and to

commit the offences against CW8 and his family members.

Thereafter, accused Nos.1 to 10 formed an unlawful

assembly, accused Nos.1 to 7, 9 and 10 were holding

deadly weapons like clubs and accused No.8 was holding

chopper and they went to the land of CW8 at 10.30 am on

31.01.2024. Accused Nos.1 to 10 trespassed into Sy.No.77

to stop digging the borewell. At that time, CWs.1 to 9 and

the deceased Sri.Sanjay raised objection and accused

Nos.1 to 10 assaulted them and as a result, the deceased

Sri.Sanjay sustained grievous bleeding injuries and

succumbed to the injuries on 09.02.2024 in the hospital.

CWs.1 and 5 sustained simple injuries and CWs.2, 4, 6

and 7 sustained grievous injuries. CW3 sustained simple

as well as grievous injuries. A complaint came to be filed

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in that regard. After investigation, charge sheet came to

be filed for the aforesaid offences. These appellants -

accused Nos.2 and 3 are in judicial custody and they have

filed bail petitions and same came to be rejected by

impugned orders which are challenged in these appeals.

6. Learned Senior Counsel for appellants -

accused Nos.2 and 3 would contend that even though in

Cl.No.17 of the charge sheet there is specific overtact

alleged against these appellants - accused Nos.2 and 3

assaulting the deceased-Sanjay with club on his head, no

injured witnesses or eye witnesses have stated the said

specific overtact in their statements. In the statements of

injured witnesses and eye witnesses there is only

allegation of presence of these appellants - accused Nos.2

and 3 and other accused and they assaulting the injured -

C.W.1 to 10 and deceased. He further submits that there

are no statements of eye witnesses/injured witnesses

accusing these appellants - accused Nos.2 and 3

specifically assaulting the deceased -Sanjay on his head

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with club. Without considering all these aspects, learned

Special/Sessions has erred in rejecting their bail petitions.

With these, he prays to allow appeals and grant bail to

appellants - accused Nos.2 and 3.

7. Per contra, learned High Court Government

Pleader for respondent No.1-State would contend that

there is specific allegation against these appellants -

accused Nos.2 and 3 in Cl.No.17 of the charge sheet

assaulting the deceased -Sanjay with club on his head.

The deceased who has been assaulted on 31.01.2024 died

in the hospital after 09 days i.e. on 09.02.2024. C.W. 1 to

10 are injured witnesses and C.W.11 to 13 are eye

witnesses to the incident. Charge sheet materials shows

prima facie case against these appellants - accused Nos.2

and 3. With these, he prays for dismissal of appeals.

8. Learned counsel for respondent No.2 would

contend that these appellants - accused Nos.2 and 3 were

present on the spot and assaulted the deceased and

injured. If these appellants - accused Nos.2 and 3 are

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granted bail there is threat to the prosecution witnesses.

With these, he prays for dismissal of appeals.

9. Having heard learned counsels, this Court has

perused the impugned orders and other materials on

record.

10. On perusal of Cl.No.17 of the charge sheet

there is specific overtact alleged against these appellants -

accused Nos.2 and 3 assaulting the deceased -Sanjay with

club on his head. On perusal of statements of C.W.1 to 10

and C.W.11 to 13 who have stated to be injured and eye

witnesses, there is no specific overtact alleged against

these appellants - accused Nos.2 and 3 assaulting the

deceased -Sanjay with club on his head. The accusation in

their statements is omnibus regarding presence of these

appellants - accused Nos.2 and 3 and other accused and

they assaulting the deceased. Learned Senior Counsel for

appellants - accused Nos.2 and 3 submitted that except

these appellants - accused Nos.2 and 3, other accused

persons have been granted bail. As other accused persons

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have been granted bail, these appellants - accused Nos.2

and 3 are also entitled for grant of bail as they are

similarly placed to that of other accused. As charge sheet

is filed these appellants - accused Nos.2 and 3 are not

required for custodial interrogation. The apprehension of

the counsel for respondent No.2 is that if these appellants

- accused Nos.2 and 3 are granted bail they will threaten

the prosecution witnesses can be met with by imposing

stringent conditions. Appellants - accused Nos.2 and 3

have made out grounds for setting aside the impugned

orders and grant of bail.

11. In the result, the following

ORDER

i) Appeals are allowed.

ii) The impugned order dated 26.09.2024 passed in

SPl.C.No.344/2024 and order dated 26.06.2024

passed in Crl.Misc.No.1330/2024 by the II

Additional District and Sessions Judge, Bengaluru

Rural District, Bengaluru are set aside.

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iii) The appellants - accused Nos.2 and 3 are granted

bail in Crime No.14/2024 of Channarayapatna

Police Station, subject to the following conditions:

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

jurisdictional Court.

            shall   not   tamper        the   prosecution

            witnesses.




            shall attend the Court on all dates of

            hearing       unless       exempted      and

            cooperate in speedy disposal of the

            case.
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