Karnataka High Court

Sri Sathish vs The State Of Karnataka on 1 October, 2024

Author: Mohammad Nawaz

Bench: Mohammad Nawaz

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                                                         NC: 2024:KHC:40884
                                                     CRL.A No. 1549 of 2024




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 1ST DAY OF OCTOBER, 2024

                                        BEFORE
                      THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
                          CRIMINAL APPEAL NO. 1549 OF 2024
               BETWEEN:

                     SRI. SATHISH
                     AGED ABOUT 25 YEARS,
                     SON OF DAMODHARAN,
                     RESIDING AT NO.657,
                     17TH 'D' CROSS,
                     OPPOSITE: KORAMANGALA CLUB
                     KORAMANGALA 6TH BLOCK,
                     BENGALURU - 560 034.
                                                               ...APPELLANT
               (BY SRI. GAJENDRA S., ADVOCATE)
               AND:

               1.    THE STATE OF KARNATAKA
                     BY ADUGODI POLICE STATION
                     REP. BY ITS STATE PUBLIC PROSECUTOR
Digitally            HIGH COURT COMPLEX,
signed by            BENGALURU 560 001
LAKSHMI T
Location:      2.    SRI. MURALIDHAR
High Court
of Karnataka         SON OF LATE VENUGOPALA
                     AGED ABOUT 44 YEARS
                     NO.7/17, 15TH CROSS,
                     SUBBARAJU LAYOUT,
                     LAKKASANDRA,
                     BENGALURU-560 030
                                                            ...RESPONDENTS
               (BY SRI. RAHUL RAI K., HCGP FOR R1;
                   R2 IS SERVED)
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                                                     NC: 2024:KHC:40884
                                                CRL.A No. 1549 of 2024




     THIS CRL.A IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT
PRAYING TO ENLARGE THE APPELLANT/11TH ACCUSED ON
BAIL IN SPL.C.NO.756/2024 FOR THE OFFENCE P/U/S
120B,109,143,147,148,302,212, ,201,37 R/W 149 OF IPC AND
SEC.25(1)(B)(b) OF ARMS ACT.1959 AND SEC.3(2)(v) OF
SC/ST (POA) ACT,1989 PENDING ON THE FILE OF THE HONBLE
LXX ADDL.CITY CIVIL AND SESSIONS JUDGE AND SPL.JUDGE
AT BENGALURU CITY.

    THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM:         HON'BLE MR JUSTICE MOHAMMAD NAWAZ


                             ORAL JUDGMENT

This appeal is preferred by accused No.11 in

Spl.C.No.756/2024, pending on the file of LXX Additional City

Civil and Sessions Judge and Special Judge, Bengaluru

(CCH-71), praying to set aside the order dated 5.4.2024,

rejecting his petition filed under Section 439 of Cr.P.C. and

consequently to enlarge him on bail.

2. Heard the learned counsel for the appellant, learned

High Court Government Pleader for respondent No.1/State and

perused the material on record.

3. Respondent No.2/complainant is served but

unrepresented.

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4. It is the case of prosecution that, on account of

previous enmity, all the accused formed an unlawful assembly

armed with deadly weapons on 24.12.2023 at about 6.30 p.m.

and chased deceased Jayaprakash @ Appi, inside one

Vijayasagar Hotel, situated at 13th main, 14th cross,

Wilsongarden, Lakkasandra, Bengaluru and assaulted him

indiscriminately all over his body with the weapons they were

carrying and committed his murder.

5. FIR is registered against one Sharath @ Puliyogare and

5 of his friends on a complaint lodged by Sri.Murulidhar,

brother of deceased, for the offence punishable under Sections

143, 147, 148, 302 r/w 149 IPC.

6. Appellant came to be arrested on 30.12.2023. He is in

judicial custody. Bail petition filed under Section 439 Cr.P.C.

has been rejected by the learned Sessions Judge. Hence, this

appeal.

7. As per complaint averments, on 24.12.2023 when the

complainant i.e., brother of the deceased was standing near

Auto Stand in Lakkasandra along with his friend Hanumantha

Rao, at about 6.30 p.m., accused by name Sharath @

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Puliyogare and 5 of his friends, holding choppers and longs

came in two wheelers and attacked his brother Jayaprakash,

who ran for his life inside Vijayasagar hotel. All the accused

chased him and assaulted with lethal weapons they were

carrying and after committing his murder, sped away in their

vehicles.

8. Learned High Court Government Pleader has contended

that the deceased has sustained as many as 30 external

injuries and the cause of death was due to shock and

hemorrhage as a result of multiple chop injuries sustained. He

submits that the petitioner is also one of the conspirators and

he has supplied weapons to the assailants and in the CCTV

footages, the appellant was seen at the spot after the

commission of the offence. He contended that the offence

committed being a heinous offence, if the appellant is enlarged

on bail, he may tamper with the prosecution witnesses and also

flee from justice.

9. Learned counsel for the appellant has contended that,

appellant is innocent and he has been falsely implicated in this

case. His name does not find a place in FIR and subsequently,

NC: 2024:KHC:40884

he is arrayed as accused No.11 at the time of filing charge

sheet without any material. He submitted that the appellant is

languishing in judicial custody since 30.12.2023 and now

investigation is completed and charge sheet is filed. He

submits that the appellant is ready and willing to abide by any

conditions. Accordingly, he sought to allow the appeal and

enlarge the appellant on bail.

10. The learned Sessions Judge while rejecting the bail

petition of the appellant herein has observed that the alleged

crime is a heinous one, material objects are seized based on

the lead provided by the accused and certain witnesses have

been subjected to Section 164 Cr.P.C. statement who have

specifically deposed before the Jurisdictional Magistrate and

therefore, if at all accused is granted bail, there is every

possibility of tampering the prosecution witnesses.

11. The complainant claims to be an eye witness to the

incident. FIR is lodged against one Sharath and 5 others. It is

specifically stated that the said accused chased the deceased

and assaulted him with the weapons they were carrying. A

perusal of the post mortem report would reveal that the

NC: 2024:KHC:40884

deceased was brutally assaulted and done to death. However,

it is not alleged that appellant is one of the assailants. While

filing charge sheet he is arrayed as accused no.11. Allegations

against him is that he is one of the conspirators and supplied

weapons to other accused.

12. The statements of some of the witnesses under

Section 164 of Cr.P.C. are recorded. I have perused the said

statements. None of the witnesses have named the appellant.

At this stage, there is no sufficient material to show that

appellant was one of the conspirators or that he supplied

weapons. The prosecution has to establish its case against the

appellant in a full fledged trial. There is no recovery of

incriminating materials from the appellant. No criminal

antecedents against him are brought to the notice of the Court.

Investigation is completed and charge sheet is also filed.

13. The apprehension of the prosecution that the appellant

may tamper with the prosecution witnesses and he may flee

from justice etc., can be taken care of by imposing stringent

conditions.

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14. For the aforementioned reasons, the appeal deserves

to be allowed. Accordingly, the following :

ORDER

i) Appeal is allowed.

ii) The order dated 5.4.2024 passed by the Court of LXX

Additional City Civil and Sessions Judge and Special Judge,

Bengaluru, in Special Case No.756/2024, rejecting the bail

petition of appellant/accused no.11 is set aside.

iii) Appellant/accused no.11 is ordered to be released on bail in

the above case, arising out of Crime No.369/2023 of Adugodi

Police Station, subject to following conditions:

1. He shall execute a personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for likesum to the satisfaction of the Trial Court.