Karnataka High Court
Shashikumar vs The State Of Karnataka on 3 September, 2024
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
-1-
NC: 2024:KHC:35892
CRL.A No. 1275 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL APPEAL NO. 1275 OF 2024
BETWEEN:
SHASHIKUMAR
S/O LAKSHMAIAH,
AGED ABOUT 29 YEARS,
R/AT NO.19, KOTHITOPU,
TUMAKURU TOWN,
TUMAKURU DISTRICT-572101.
...APPELLANT
(BY SRI. CHANDRASHEKARA K. A., ADVOCATE)
AND:
Digitally
signed by 1. THE STATE OF KARNATAKA
YAMUNA K L BY THE POLICE OF
Location: TUMAKURU TOWN POLICE STATION,
High Court TUMAKURU-572101.
of Karnataka REPRESENTED BY SPP
HIGH COURT OF KARNATAKA,
BENGALURU-560001.
2. NARASIMHAMURTHY,
S/O NARASAIAH,
AGED ABOUT 44 YEARS,
R/AT WARD NO 23,
SATHYAMANGALA,
BIRANAKALLU ROAD,
TUMAKURU -572101.
-2-
NC: 2024:KHC:35892
CRL.A No. 1275 of 2024
...RESPONDENTS
(BY SRI. RANGSWAMY. R., HCGP FOR R1;
SRI. RAJATH. H. V., ADVOCATE FOR R2)
THIS CRL.A. IS FILED U/S.14(A)(2) PRAYING TO SET
ASIDE THE ORDER DATED 28.06.2024 PASSED BY THE
LEARNED III ADDITIONAL DISTRICT AND SESSIONS
JUDGE, TUMAKURU IN CRL.MISC.NO.943/2024 AND GANT
HIM BAIL IN CR.NO.230/2024 OF TUMAKURU TOWN
POLICE STATION, TUAMKURU NOW PENDING ON THE FILE
OF THE LEARNED III ADDITIONAL DISTRICT AND
SESSIONS JUDGE, TUAMKURU FOR THE OFFENCE P/SU/
323, 307, 504, 506 OF IPC AND SEC.3(1)(r), 3(1)(s),
3(2)(v-a) OF SC/ST (POA) 2015.
THIS APPEAL, COMING ON FOR ADMISSION, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ
ORAL JUDGMENT
Heard the learned counsel for appellant, learned High
Court Government Pleader for respondent No.1/State and
learned counsel appearing for respondent No.2/defacto
complainant/injured.
2. On a complaint lodged by respondent No.2, a
case was registered against the appellant/accused in
Crime No.230/2024 of Tumakuru town police station for
NC: 2024:KHC:35892
the offence punishable under Section 323, 307, 504, 506
of IPC and Section 3(1)(r), 3(1)(s) and 3(2)(v-a) of the
SC/ST(POA) amendment Act, 2015.
3. Appellant was arrested on 05.06.2024. He
preferred a petition under Section 439 of Cr.P.C. before
the Court of III Additional District and Sessions Judge at
Tumakuru, in Crl.Misc.Pet.No.943/2024. The said petition
was rejected vide order dated 28.06.2024.
4. The present appeal is preferred to set aside the
above order and to enlarge the appellant on bail.
5. It is alleged that accused was having an illicit
relationship with the wife of one Shivanna (CW.4). Hence,
CW.4 used to quarrel with his wife. He requested the
injured/CW.1 to provide him a separate house. The injured
had advised the accused not to have any relationship with
the wife of CW.4. In this background, on 02.06.2024 at
about 11:30 a.m., accused picked up quarrel with CW.1
and assaulted him with an intention to commit his murder
and caused grievous injuries to him.
NC: 2024:KHC:35892
6. As per complaint averments, the accused
assaulted the injured with a chopper on the forehead, back
of his head and also on the left cheek and when the
injured tried to evade the said blow, he sustained injuries
to his right hand thumb and on his left hand. The injured
was then shifted to District Government hospital,
Tumakuru for treatment.
7. Charge sheet has been filed wherein, it is
alleged that the accused has assaulted the injured with a
cement concrete stone which was lying on the ground, on
his head, face, etc. and also abused him in filthy language
referring to his caste etc.
8. As per wound certificate, the injured has
sustained multiple laceration injuries on the right of the
parietal and fore-finger region as well as injuries to his
face and forearm.
9. The learned counsel appearing for respondent
No.2 has contended that the injured has suffered facial
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bone fracture. Injuries are grievous in nature and
therefore, he is not entitled for the relief of bail.
10. The learned High Court Government Pleader
contended that there is a prima-facie case against the
appellant and if he is enlarged on bail, he may tamper the
prosecution witnesses and also flee from justice.
11. The learned Sessions Judge has dismissed the
petition filed under Section 439 of Cr.P.C., observing that
there are prima-facie material to believe that the accused
has committed a serious offence and investigation is still
pending, the Investigation Officer has to record the
statement of eye witnesses and other witnesses.
12. Admittedly, now the investigation is completed
and charge sheet is filed. Injured has been discharged
from the hospital. As per the charge sheet, accused
assaulted the injured with a cement concrete stone which
was lying at the spot and not with a chopper as alleged in
the complaint .
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13. Accused is already arrested and interrogated.
He is not required for further interrogation. Investigation is
completed and charge sheet is already filed. He has no
criminal antecedents. Hence, by imposing conditions, the
relief sought in this appeal can be granted.
14. Accordingly, the following:
ORDER
i) Appeal is allowed.
ii) Order dated 28.06.2024 passed by the Court of
III Additional District and Sessions Judge at Tumakuru in
Crl.Misc.Pet.No.943/2024 is set aside.
iii) Appellant/accused is ordered to be released on
bail in Crime No.230/2024 of Tumakuru town police
station, pending in Spl.C.C.No.485/2024 on the file of the
Court of III Additional District and Sessions Judge
Tumakuru, subject to following conditions.
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a) He shall execute a bond in a sum of
Rs.1,00,000/- (Rupees One Lakh Only) with two
sureties for the likesum to the satisfaction of the
jurisdictional Court.
b) He shall furnish proof of his
residential address and shall inform the
Investigation Officer/Court, if there is change in
the address.
c) He shall not leave the jurisdiction of
the trial Court without prior permission of the
learned session Judge.
d) He shall not tamper with the
prosecution witnesses either directly or
indirectly.
e) He shall appear before the trial Court
on all dates of hearing without fail.
Sd/-
(MOHAMMAD NAWAZ)
JUDGE
LDC
