Karnataka High Court
Abhishek @ Andrahalli Abhi vs The State Of Karnataka on 6 January, 2025
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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CRL.A No. 2166 of 2024
C/W CRL.A No. 1945 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL No. 2166 OF 2024
C/W
CRIMINAL APPEAL No. 1945 OF 2024
IN CRL.A No. 2166/2024
BETWEEN:
PRAVEEN @ HITACHI
S/O RAVI AGED ABOUT 28 YEARS
R/AT No.56 3RD CROSS
BEHIND KARNATAKA BANK
BYDARAHALLI SHELL PETROL BUNK ROAD
BYADARAHALLI, BENGALRUU - 91.
...APPELLANT
(BY SRI PRATHEEP K C, ADVOCATE)
AND:
Digitally signed
by HEMAVATHY 1. THE STATE OF KARNATAKA
GANGABYRAPPA REP. BY RAJAGOPALNAGAR POLICE STATION
Location: HIGH BENGALURU REP. BY ITS
COURT OF
KARNATAKA STATE PUBLIC PROSECUTOR
HIGH COURT OF KARANTAKA
BANGALORE - 01.
2. SMT. SITAMMA
W/O NARASAIAH
AGED ABOUT 48 YEARS
R/AT No.193/1, 5TH CROSS
KASTURI LAYOUT RAJAGOPALNAGAR
BENGALURU - 560 079.
...RESPONDENTS
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CRL.A No. 2166 of 2024
C/W CRL.A No. 1945 of 2024
(BY SRI B LAKSHMAN, HCGP FOR R1
R2 IS SERVED AND UNREPRESENTED)
THIS CRL.A IS FILED U/S 14(A)2) OF SC/ST (POA) ACT
PRAYING TO ALLOW THIS APPEAL BY SETTING ASIDE THE
ORDER IN SPECIAL CASE No.646/2021 DATED 25.09.2024
PASSED BY THE HON'BLE LXX ADDITIONAL CITY CIVIL AND
SESSION JUDGE AND SPECIAL JUDGE AT BENGALURU AND
ENLARGE THE APPELLANT ON BAIL IN CR.No.06/2021
(SPL.CASE 646/2021) FOR THE OFFENCE PUNISHABLE UNDER
SECTIONS 143, 147, 148, 307, 302, 504, 120B, 201 R/W 149
OF IPC AND SECTION 3(2)(v) OF SC/ST (POA) ACT AND
SECTION 25(1)(b) R/W 4 OF INDIAN ARMS ACT BY
RESPONDENT P.S. BENGALURU AND ETC.,
IN CRL.A No. 1945/2024
BETWEEN:
ABHISHEK @ ANDRAHALLI ABHI
S/O LATE KUMAR
AGED ABOUT 28 YEARS
R/AT NEAR VENAKTARAMAN TEMPLE
8TH CROSS, VIDHYADAMA NAGAR
ANDRAHALLI
BENGALURU - 91.
...APPELLANT
(BY SRI PRATHEEP K C, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP. BY RAJAGOPALNAGAR POLICE STATION
BENGALURU REP. BY ITS
STATE PUBLIC PROSECUTOR
HIGH COURT OF KARANTAKA
BANGALORE - 01.
2. SMT. SITAMMA
W/O NARASAIAH
AGED ABOUT 48 YEARS
R/AT No.193/1, 5TH CROSS
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CRL.A No. 2166 of 2024
C/W CRL.A No. 1945 of 2024
KASTURI LAYOUT RAJAGOPALNAGAR
BENGALURU - 560 079.
...RESPONDENTS
(BY SRI.B. LAKSHMAN, HCGP FOR R-1
R-2 IS SERVED AND UNREPRESENTED)
THIS CRL.A IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT
PRAYING TO ALLOW THIS APPEAL BY SETTING ASIDE THE
ORDER IN SPL.C.No.646/2021 DATED 25.09.2024 PASSED BY
THE HON'BLE LXX ADDITIONAL CITY CIVIL AND SESSION
JUDGE AND SPECIAL JUDGE (CCH-71) AT BENGALURU AND
ENLARGE THE APPELLANT ON BAIL IN CR.No.6/2021
(SPL.C.NO.646/2021), FOR THE OFFENCE PUNISHABLE UNDER
SECTIONS 143, 147, 148, 307, 302, 504, 120(B), 201 R/W 149
OF IPC, SECTION 3(2)(v) OF SC/ST (POA) ACT, SECTION
25(1)(b) R/W 34 OF INDIAN ARMS ACT BY RESPONDENT P.S.,
BENGALURU AND ETC.,
THISE APPEALS COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
`
CORAM: HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL JUDGMENT
Crl.A.No.1945/2024 is filed by the appellant –
accused No.3 and Crl.A.No.2166/2024 is filed by the
appellant -accused No.4.
2. Both appeals are filed challenging the order
dated 25.09.2024 whereunder bail application filed by
appellants -accused Nos.3 and 4 in respect of Crime
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CRL.A No. 2166 of 2024
C/W CRL.A No. 1945 of 2024
No.6/2021 of Rajagopal Nagar Police Station for
offences punishable under Sections 143, 147, 148,
307, 302, 504, 120-B read with Section 149 of Indian
Penal Code (hereinafter referred to as “IPC” for
brevity), Section 3(2)(V) of the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act
(hereinafter referred to as “SC and ST Act” for brevity)
and Section 25(1)(B)(b) read with Section 4 of the
Indian Arms Act came to be rejected.
3. Heard learned counsel for appellants –
accused Nos.3 and 4 and learned High Court
Government Pleader for respondent No.1-State.
Inspite of service of notice respondent No.2 remained
absent and unrepresented.
4. The F.I.R was registered on 09.01.2021, at
the instance of respondent No.2, who is the sister of
the deceased namely Sri.Srinivas. The F.I.R discloses
enmity between the deceased and one Sri.Bharath,
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who is not alive. The actual incident took place on
09.01.2021, when the deceased and respondent No.2
were present in the site where a house was being
constructed. It appears that the deceased was getting
the house constructed for his sister i.e., respondent
No.2. When the deceased was sitting in the site, at
about 1.00 pm., seven to eight persons came stating
that the deceased was responsible for the death of
Sri.Bharath and assaulted him indiscriminately with
the weapons such as long, dragon and machete etc.,
and left the place. The deceased succumbed to the
injuries. Appellants -accused Nos.3 and 4 who are in
judicial custody filed bail application along with
accused No.5 and same came to be rejected by the
impugned order dated 25.09.2024 which is challenged
in these appeals.
5. Learned counsel for appellants -accused
Nos.3 and 4 would contend that C.W.1, 12 to 14, 19
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to 21, 23 and 24 who are cited as eye witnesses are
already examined and therefore, there is no threat to
the material witnesses of the prosecution. He further
submits that bail application of accused Nos.1 to 5
earlier came to be rejected only on the ground that
the deceased had taken their names at the time of
incident. He submits that the accusation against
accused Nos.1 to 17 is assaulting the deceased with
weapons and committing his murder. He submits that
accused Nos.6 to 17 have been granted bail by this
Court and accused No.18 has been granted bail by the
trial Court. He submits that out of 80 charge sheet
witnesses, 25 have been already examined. Appellants
are in judicial custody for more than 03 years and 10
months and conclusion of the trial will take long time.
The overtacts alleged against appellants -accused
Nos.3 and 4 are similar to that of overtacts of other
accused who have been granted bail by this Court. On
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these grounds, he prays to set aside the impugned
order and grant of bail to appellants -accused Nos.3
and 4.
6. Learned High Court Government Pleader for
respondent No.1 -State would contend that offence
alleged against appellants -accused Nos.3 and 4 is
heinous offence punishable with death or
imprisonment for life. Merely because eye witnesses
are examined is not a ground for grant of bail.
Appellants are rowdy sheeter involved in many cases.
On these grounds, he prays for dismissal of appeals.
7. Having heard learned counsels, this Court
has perused the impugned order and charge sheet
materials.
8. C.W.1 is sister of the deceased, C.W.12 to
14, 19 to 21, 23 and 24 are eye witnesses to the
incident and they have already examined by the
prosecution. As eye witnesses are already examined
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there is no threat to the material witnesses of the
prosecution. Accused Nos.6 to 17 against whom
overtact of assault is alleged have been granted bail
by this Court. Therefore, appellants -accused Nos.3
and 4 are entitled to grant of bail on the ground of
parity. Appellants -accused Nos.3 and 4 have been
made out grounds for setting aside the impugned
order and grant of bail with conditions.
9. In the result, the following
ORDER
i) Both appeals are allowed.
ii) The order passed by the LXX Additional
City Civil and Sessions Judge and Special
Judge, (CCH-71), Bengaluru dated
25.09.2024 in Special Case No.646/2021 is
set aside. The bail application of appellants
-accused Nos.3 and 4 is allowed and they
are granted bail in Crime No.6/2021 of
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C/W CRL.A No. 1945 of 2024
Rajagopal Nagar Police Station pending in
Spl.C.No.646/2021 subject to the following
conditions:
(i) Appellants -accused Nos.3 and 4
shall execute a personal bond for
a sum of Rs.2,00,000/- (Two
lakhs only) each with two
sureties for the likesum to the
satisfaction of the Trial Court.
(ii) Appellants -accused Nos.3 and 4
shall not tamper with remaining
prosecution witnesses and they
shall not threaten them.
(iii) Appellants -accused Nos.3 and 4
shall regularly appear before the
Trial Court, till conclusion of the
trial.
(iv) Appellants -accused Nos.3 and 4
shall mark their attendance in
the jurisdictional police station
once in a week, preferably on
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C/W CRL.A No. 1945 of 2024Sunday between 9.00 am and
12.00 noon, till conclusion of the
trial.
(v) Appellants -accused Nos.3 and 4
shall not get involved in any
other criminal case in future. If
the appellant – accused No.7
gets involved in any criminal
case in future, the Trial Court
may cancel the bail soon after
the same is brought to its notice.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
DSP
List No.: 1 Sl No.: 22