Karnataka High Court
Rakesh S @ Rakesha vs The State Of Karnataka on 25 November, 2024
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2024:KHC:47948
CRL.A No. 2081 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL No. 2081 OF 2024
BETWEEN:
RAKESH S @ RAKESHA
S/O SRINIVASA V
AGED ABOUT 27 YEARS
AGRICULTURIST
VTC KUNCHIGANAL VILLAGE
INGALADALU POST
CHITRADURGA TALUK
AND DISTRICT PIN - 577 524.
...APPELLANT
(BY SRI E SUYOG HERELE, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
Digitally signed by
LAKSHMINARAYANA THROUGH CHITRADURGA
MURTHY RAJASHRI
Location: HIGH
RURAL POLICE STATION
COURT OF
KARNATAKA
CHITRADURGA DISTRICT
REPRESENTED BY THE
STATE PUBLIC PROSECUTOR
HIGH COURT BUILDINGS
HIGH COURT OF KARNATAKA
BANGALORE - 560 001.
2. SRI CHANDRAPPA
S/O JAWAN DYAMAJJA
AGED ABOUT 64 YEARS
COOLIE WORK
-2-
NC: 2024:KHC:47948
CRL.A No. 2081 of 2024
R/O REDDIHALLI VILLAGE
CHALLAKERE TALUK
CHITRADURGA DISTRICT
PIN: 577 502.
...RESPONDENTS
(BY SRI B LAKSHMAN, HCGP FOR R1
R2 SERVED. UNREPRESENTED)
THIS CRL.A IS FILED UNDER SECTION 14(A)(2) OF
SC/ST (POA) ACT PRAYING TO SET ASIDE THE ORDER DATED
10.10.2024 IN CRL.MISC.No.1156/2024 PASSED BY THE
LEARNED SPECIAL 2ND ADDITIONAL DISTRICT AND SESSIONS
JUDGE AT CHITRADURGA, THEREBY DISMISSING THE BAIL
APPLICATION OF THE APPELLANT UNDER SECTION 439 OF
Cr.P.C., FOR THE OFFENCES PUNISHABLE UNDER SECTIONS
506, 504, 202, 201, 304 R/W 34 OF IPC, SECTION 3(2)(V),
3(2)(r)(s) OF SC/ST (POA) ACT 1989, BY ALLOWING THIS
CRL.A. AND ETC.,
THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL JUDGMENT
This appeal is filed by the appellant -accused No.1
praying to set aside the order dated 10.10.2024 passed in
Crl.Misc.No.1156/2024 by the Special II Additional Distirct
and Sessions Judge, Chitradurga, whereunder the bail
petition of this appellant -accused No.1 sought in respect
of crime No.129/2024 of Chitradurga Rural Police Station
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for offences punishable under Sections 506, 504, 202,
201, 304 read with Section 34 of Indian Penal Code
(Hereinafter referred to as "IPC" for brevity) and Sections
3(2)(V) and 3(1)(r)(s) of the Scheduled Castes and
Scheduled Tribes Act, 1989 (Hereinafter referred to as "SC
and ST Act" for brevity) came to be rejected.
2. Heard learned counsel for the appellant-
accused No.1 and learned High Court Government Pleader
for respondent No.1-State. Inspite of service of notice
respondent No.2 remained absent and unrepresented.
3. The case of the prosecution is that, on
30.03.2024 in Kunchiganalu village, there was a festival of
Sri. Kanive Maramma in their village and CW.16 to 19 and
accused no.1 had gone near Ingaladal Gate, Bharath
Bench Show Room in front of the Anjaneyaswamy Temple
for doing liquor party and at that time accused no.2 came
there along with deceased -Devaraj and thereafter all went
to the MSIL Bar near Doddasiddavvanahally and purchased
the liquor bottles and at about 12.30 a.m they came near
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NH-48 road, under the bridge and they were doing the
liquor party. At that time the accused no.1 asked to
accused No.2 why he is not coming with him and why he is
not talking properly with him and told him that he has to
hear him. Then accused no.1 assaulted on the left hand
shoulder of accused no.2 by broken bear bottle and
thereby caused blood injuries. Then CW.19 came there
and pacified the quarrel. At that time the broken bear
bottle touched the right hand finger of CW.19 and thereby
he sustained injuries. Then deceased -Devaraj took
accused no.2 at some distance in order to console him, at
that time accused no.1 threw bear bottle towards the
accused no.2 but hit on the back side head of deceased -
Devaraja and thereby he sustained injuries. Accused no.1
also abused him by taking his caste and also gave life
threat that if anybody inform the said fact he will kill them.
Then CW.17 brought the CW.19 to the District Hospital,
Chitradurga. Then accused no.1 and 2 brought deceased -
Devaraja on motorcycle to Chitradurga Government
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Hospital and they hide the said fact and informed that they
were coming in motorcycle and they fell down and thereby
sustained injuries. Accused no.2 by hiding the said fact
filed complaint stating that they sustained injuries in the
road traffic accident. The police have filed charge sheet
against the accused for the offences punishable under
Sections 3(2)(V), 3(1)(r)(s) of SC and ST Act and Sections
506, 504, 202, 201, 304 R/w 34 of IPC. The appellant -
accused No.1 came to be arrested on 20.05.2024 and he
is in judicial custody. The appellant -accused No.1 has
filed bail petition and same came to be rejected by
impugned order which is challenged in this appeal.
4. Learned counsel for the appellant -accused
No.1 would contend that there was no intention on the
part of the appellant -accused No.1 to kill the deceased -
Devaraju as bottle thrown by the appellant -accused No.1
was towards accused No.2 and accidentally hit on the head
of the deceased. The doctor who conducted the post
mortem examination of the dead body of the deceased has
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opined that death is due to the head injury. He further
submits that as charge sheet is filed, this appellant -
accused No.1 is not required for custodial interrogation.
On these grounds he prays to allow the appeal and grant
bail to the appellant -accused No.1.
5. Learned High Court Government Pleader for
respondent No.1-State would contend that due to act of
this appellant -accused No.1 throwing bottle towards
accused No.2 and it is hit accidentally to the deceased -
Devaraju, he sustained head injury and died in the
hospital after 04 days. The offence alleged against the
appellant -accused No.1 is punishable with imprisonment
for life or imprisonment of either description for a term
which may extend to 10 years. Charge sheet materials
shows prima facie case against this appellant -accused
No.1. On these grounds, he prays for dismissal of the
appeal.
6. Having heard learned counsel, this Court has
perused the impugned order and charge sheet materials.
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7. In the quarrel, the appellant -accused No.1
threw the bottle towards accused No.2 and accidentally hit
the back side of the head of the deceased -Devaraja and
after 04 days he died in the hospital. Considering the said
aspect, there is no intention on the part of the appellant -
accused No.1 to kill the deceased. As charge sheet is
filed, this appellant -accused No.1 is not required for
custodial interrogation. The appellant -accused No.1 has
made out grounds for setting aside impugned order and
grant of bail.
8. In the result, the following
ORDER
The appeal is allowed.
The impugned order dated 10.10.2024 passed in
Crl.Misc.No.1156/2024 by the Special II Additional Distirct
and Sessions Judge, Chitradurga is set aside. The bail
petition of this appellant -accused No. 2 is allowed and he
is ordered to be released on bail in Crime No.129/2024 of
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Chitradurga Rural Police Station subject to the following
conditions:
i. The appellant -accused No.1 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.1 shall not
threaten complainant and other
prosecution witness.
iii. The appellant -accused No.1 shall
attend the Court on all dates of hearing
unless exempted and cooperate in
speedy disposal of the case.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
DSP
