Karnataka High Court
Vinayak Alias Vinnu S/O Nagaraj Hindi vs The State Of Karnataka on 23 October, 2024
-1-
NC: 2024:KHC-D:15353
CRL.A No. 100405 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 23RD DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MS. JUSTICE J.M.KHAZI
CRIMINAL APPEAL NO.100405 OF 2024
(U/S 14 A(2) of SC and ST ACT)
BETWEEN:
1. VINAYAK @ VINNU
S/O. NAGARAJ HINDI,
AGE. 19 YEARS, OCC. LAITH MACHINE WORK,
R/O. SANTOSH NAGAR, 1ST CROSS NEAR BEKARY,
NEKAR NAGAR, THIMMASAGARA ROAD,
OLD HUBBALLI, DHARWAD DIST.-580024.
2. VEERANAGOUDA @ SANJU
S/O. BASAVARAJ RAMANAGOUDA,
AGE. 18 YEARS, OCC. HAMALI WORK,
R/O. SANTOSH NAGAR, 1ST CROSS NEAR BEKARY,
NEKAR NAGAR, THIMMASAGARA ROAD,
OLD HUBBALLI, DHARWAD DIST.-580024.
...APPELLANTS
(BY SRI ANWAR BASHA B., ADV. FOR APPELLANTS)
AND:
1. THE STATE OF KARNATAKA,
Digitally signed by (THROUGH OLD HUBBALLI POLICE STATION),
VISHAL NINGAPPA
PATTIHAL REPRESENTED BY STATE PUBLIC PROSECUTOR,
Location: HIGH DHARWAD-580001.
COURT OF
KARNATAKA
2. KRISHNA BALLARI S/O. SRINIVASA BALLARI,
R/O. BEHIND TEEPU NAGAR MASZID,
OLD HUBBALLI, DHARWAD DIST.-580024.
...RESPONDENTS
(BY SRI ABHISHEK MALIPATIL, HCGP FOR R1;
SRI A.R. PATIL, ADVOCATE FOR R2)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14 A (2) OF
SC AND ST (POA) ACT, SEEKING TO ALLOW THIS APPEAL AND SET
ASIDE THE ORDER PASSED BY THE II ND ADDL. DISTRICT AND
SESSIONS JUDGE, DHARWAD AND SPECIAL COURT FOR TRAIL OF
THE OFFENCES UNDER THE POCSO ACT AND SC AND ST (P.O.A)
ACT, DATED 10.07.2024 ENLARGE THE APPELLANT/ACCUSED NO.1
-2-
NC: 2024:KHC-D:15353
CRL.A No. 100405 of 2024
AND 2 ON BAIL IN SPL. CASE NO.34/2024 IN CONNECTION WITH
CRIME NO.54/2024 REGISTERED OLD HUBBALLI POLICE STATION,
FOR THE OFFENCES UNDER SECTIONS 323, 326, 307, 504, 506, R/W
SECTION 149 OF IPC AND SECTION 3(1)(R), 3(1)(S), 3(2)(V),
3(2)(VA) OF SC/ST ACT, 1989, PENDING TRIAL OF THE CASE,
BEFORE II ND ADDL. DISTRICT AND SESSIONS JUDGE, DHARWAD
AND SPECIAL COURT FOR TRAIL OF THE OFFENCES UNDER THE
POCSO ACT AND SC AND ST (P.O.A) ACT IN THE INTEREST OF
JUSTICE.
THIS CRIMINAL APPEAL, COMING ON FOR DICTATING
JUDGMENT, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
CORAM: THE HON'BLE MS. JUSTICE J.M.KHAZI
ORAL JUDGMENT
(PER: THE HON'BLE MS. JUSTICE J.M.KHAZI)
Appellants who are arraigned as accused Nos.1 and 2
have filed this appeal challenging the order passed by the
Trial Court, rejecting their application for the offences
punishable and Sections 323, 326, 307, 504, 506, read
with Section 149 of IPC and Sections 3(1)(r), 3(1)(s),
3(2)(v), 3(2)(v-a) of the SC/ST POA Act, and sought for
regular bail.
2. In support of the appeal, the appellants have
contended that they are innocents and law abiding
citizens. They have not committed the alleged offences.
Their names does not find place in the complaint or FIR.
NC: 2024:KHC-D:15353
Only on the basis of statements of the witnesses, they
have been implicated. There are no specific overt acts
attributed to them. There are no allegations that they have
assaulted the injured on vital part. The offences are not
exclusively punishable with death or imprisonment for life.
Appellants are arrested on 17.03.2024. Since then, they
are in judicial custody. Appellants are permanent residents
of the addresses given in the cause title. They are ready
and willing to abide by any conditions that may be
imposed and offer substantial sureties to the satisfaction of
the Trial Court. After completing the investigation, charge
sheet is filed by the police. Their custodial presence is no
longer required. Appellants are ready and willing to abide
by any conditions that may be imposed and offer
substantial sureties to the satisfaction of the Trial Court
and hence, the appeal.
3. Learned, High Court government pleader
submitted oral objections stating that the complainant
is the brother of injured Siddarameshwara. On
15.03.2024 at 8:30 PM, while he was engaged in his
NC: 2024:KHC-D:15353
work of driving auto rickshaw near old bus stand, his
friend Nagaraj, telephoned and informed him that
somebody assaulted Siddarameshwara, and he is taken
to KIMS Hospital. Immediately, he went to KIMS
Hospital, Hubli. Akash who is a friend of
Siddarameshwara disclosed that at 7:30 p.m.,
Siddarameshwara took him near Parashu Mill of
Santosh Nagar and spoke to 3-4 who boys were
standing there. Suddenly, He cried in pain. When Akash
went near the spot, he found one of the boys trying to
assault him with a stone, but he pushed him. When the
people of the area started gathering, the boys runaway
giving threat to Siddarameshwara. He found
Siddarameshwara bleeding from his head. Immediately,
he took him in his auto rickshaw to hospital near Nekar
Circle. Their friends Nagaraj and Mohammed Ali also
joined them. They took Siddarameshwara to KIMS
Hospital and admitted him.
4. Based on the complaint, the concerned
police have registered a case in Crime No.54/2024 and
NC: 2024:KHC-D:15353
taken up investigation. Out of the six persons involved
in the offence, three are juveniles. Accused Nos.1 to 3
arrested and remanded to judicial custody. At the
instance of accused persons and the juvenile offenders,
baseball-bats, chilli powder, Motor cycle and stone used
for committing the offence are recovered. After
completing the investigation, charge sheet is filed
against accused Nos.1 to 3 and a separate charge
sheet is filed against the juveniles. The charge sheet
makes a strong prima facie case against the appellants.
In the event of granting bail, the appellants may
threaten or temper with the witnesses. They may also
abscond and thereby delay and defeat the trial and
pray to dismiss appeal.
5. Heard elaborate arguments of both sides and
perused the record.
6. The charge sheet reveal that accused No.1
was in love with a girl and injured Siddarameshwara
had brought this fact to the notice of her parents. Being
annoyed by this, on the date of incident, accused No.1
NC: 2024:KHC-D:15353
called Siddarameshwara near Eshwara Temple, and
along with remaining accused persons assaulted him
with baseball-bats and stone, and tried to kill him.
Despite knowing that Siddarameshwara belongs to
scheduled caste, the accused persons abused him
referring to his caste.
7. After conducting detailed investigation,
charge sheet is filed. The injury certificate of
Siddarameshwara states that he has sustained four
fractures and out of them, injury No.1 is grievous in
nature.
8. The appellants are also young men aged 18 and
19 years. There was no previous enmity between them
and the injured. The quarrel took place as accused No.1
was under impression that Siddarameshwara informed the
father of the girl that he was in love and for this reason,
he along with others assaulted him. As already
investigation is completed and charge sheet is filed, the
presence of the appellants is not required for
investigation. Of course, there is apprehension on the part
NC: 2024:KHC-D:15353
of the prosecution that in the event of granting bail, the
appellants may threaten or temper with the witnesses.
They may also abscond and thereby delay and defeat the
trial. Looking to the nature of the offence, the injuries
suffered by the injured and the fact that the custodial
presence of appellants is not required, this Court is of the
considered opinion that appellants are entitled for bail. The
apprehension of the prosecution may be overcome by
imposing stringent conditions and accordingly, the
following;
ORDER
Appeal filed by accused Nos.1 and 2 is allowed.
Order dated 10.07.2024 in Spl.SC/St.No.34/2024 on
the file of the II Additional District and Sessions &
Special Judge, Dharwad is set aside.
The appellant/accused Nos.1 and 2 are ordered to be
enlarged on bail in Crime No.83/2020 of Gadag Rural
Police Station, subject to following:
NC: 2024:KHC-D:15353
Conditions
i. Accused Nos.1 and 2 are released on bail on
their executing personal bond for
Rs.50,000/- each with two sureties each to
the satisfaction of trial Court.
ii. Accused Nos.1 and 2 shall regularly attend
the Court and cooperate in the trial without
seeking unnecessary adjournments.
iii. They shall furnish their residential address
proof and shall inform the investigating
officer/Court if there is any change in the
address.
iv. They shall not tamper with the prosecution
witnesses either directly or indirectly.
v. They shall not indulge in any criminal
activities.
NC: 2024:KHC-D:15353
vi. If accused Nos.1 and 2 violate any of these
conditions, the trial Court is at liberty to
proceed against them in accordance with law.
Sd/-
(J.M.KHAZI)
JUDGE
VMB/Ct: UMD
