IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 5284/2019 BETWEEN:
SANTHOSH KUMAR.K @ KANUMA S/O KANUMAPPA AGED ABOUT 34 YEARS OCC: VIJAYAKARNATAKA PAPER DISTRIBUTOR R/O KADI KENDRA, NEW EXTENSION CHIKKANAHALLI DAVANGERE – 577 003 ... PETITIONER (BY SRI. JAYAPRAKASH.K.N, ADVOCATE) AND THE STATE OF KARNATAKA VIDYANAGARA POLICE STATION DAVANAGERE REPT. BY ITS S.P.P., HIGH COURT BUILDING BENGALURU – 560 001 …. RESPONDENT (BY SRI. H.S. CHANDRAMOULI, SPP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.60/2019 OF VIDYANAGAR P.S., DAVANAGERE DISTRICT FOR THE OFFENCE P/U/S 143, 147, 148, 120B, 302 R/W 149 OF IPC AND SEC.3(2) (V), 3(2) (VA) OF SC/ST (POA) ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner has arraigned as Accused No.2 in Crime No.60/2019 on the file of the respondent-Police Station for the offences punishable under Sections 143, 147, 148 & 120(B), 302 r/w. Section 149 and also under Section 3(2)(5)(a) of SC/ST (POA) Act, 1989.
2. However, the remand application which is filed by the police placed for consideration of this court dated 19.05.2019 discloses that this petitioner also belonged to Scheduled Caste, particularly Koracha Community. Therefore, learned counsel submitted that, the offences under Atrocities Act specifically not attracted so far as the petitioner is concerned.
3. The brief case of the prosecution as per First Information Report is that, one Ravikumar lodged a complaint making allegations that, his brother deceased Nagaraj @ Bulla Naga was residing in his own house with his mother, wife and children at Ramanagara near Kariyamma Temple in Davanagere District. In 2015, he murdered one Kage Raja and Chatni Ajjaiah. It was also alleged that, since the deceased Nagaraja @ Bulla Naga has murdered the two persons, with that rivalry, the persons known to Kage Raja and Chatni Ajjaiah i.e, Accused No.2-Santhosh Kumar.K (the petitioner herein) and Accused No.3 with one Krishnappa hatched a conspiracy with an intention to murder the deceased Nagaraja @ Bulla Naga, Avaragere Nagaraja and Ramesha of KTJ Nagar and accordingly they have made preparation and a year back, they attacked them near Kumarapatnam and Davangere Hitech Hospital, Basavaraj Daba and assaulted them. In that connection a criminal case was also registered against them by Harihara Rural Police and against Kanuma and Krishnappa by KTJ Nagar Police, and in the said attack, they murdered Nagaraja @ Bulla Naga by assaulting on his head and neck. It is also alleged that the friends of the complainant viz., Subhani and Beeresha have informed the complainant that on 11.05.2019 in the night between 10.30 and 11.00, in SOG Colony in front of KSRTC Depot, when the deceased Nagaraja @ Bulla Naga, Subhani and Beeresha, after consuming liquor, returning home, one Parasa resident of Koracharahatti of KTJ Nagar along with 8 to 10 people suddenly attacked them at that time, Subhani escaped from their clutches, but they all assaulted on the deceased Nagaraja @ Bulla Naga on his head, back and on other parts of the body and caused severe bleeding injuries and threw a size stone on his face and escaped from there, on bikes. Thereafter, the companions of the deceased Nagaraja viz., Subhani and Beeresh shifted him to the SS Hospital, but by that time, the victim Nagaraj was dead. Therefore, it is alleged that the petitioner (A2) along with others, has mercilessly done away with the life of the deceased Nagaraj @ Bulla Naga.
4. It is submitted by the learned HCGP that the investigation is at the fag-end. In that context, learned counsel for the petitioner has drawn my attention to the remand application dated 22.05.2019, wherein it is categorically stated that, at the time of preliminary investigation, the police found that, Accused Nos.1, 2, 17, 18, 19 had joined their hands with Accused Nos. 1, and 3 to 13 and in fact, Accused Nos. 1 and 3 to 13 are actually participated in an act of finishing of deceased Nagaraja @ Bulla Naga and they actually caused death by assaulting him with deadly weapons on vital parts of his body. During the course of investigation, the police have stated that, this petitioner was the conspirator and other accused persons noted above ie., Accused Nos. 1 and 3 to 13 are the persons who have actually participated in the incident of assaulting the deceased Nagaraja. However, subsequently, the statement of the eyewitnesses have been recorded, wherein one of the eyewitnesses has stated about the presence of the present petitioner and also one person by name Parasa. However, the said Parasa has already been released on bail by the trial Court in Crl. Mis. No.712/2019 dated 22.07.2019.
5. As per the prosecution papers, when the co- accused viz., Accused Nos.10, 17 & 18 also stand on the same footing as that of this petitioner and also noticed that, Parashuram (A-10) was also present at the time of the incident along with this petitioner (A2) and as the co-accused No.10 was also released on bail in the above said Crl. Mis. No.712/2019 vide order dated 22.07.2019, this petitioner is entitled to be released on bail, apart from that, this accused was not even sent for Identification Parade.
6. Looking to the above said facts and circumstances of the case, it is very difficult at this stage to hold that there is a strong unbeatable prima facie case against the petitioner in view of the other co- accused persons, who stand on the same footing were already released on bail.
7. Learned HCGP has brought to the notice of this Court that there are other cases pending against this petitioner and that, he is not having good conduct and he is a rowdy sheeter. However, there is no material to show that in those cases any conviction has been recorded and it appears in all those cases the petitioner is on bail.
8. In view of the above, I proceed to pass the following:
ORDER The petition is allowed. The petitioner (A2)- K. Santhosh Kumar @ Kanuma shall be released on bail in connection with Crime No.60/2019 of Vidyanagar Police Station, Davanagere, registered against him for the offence punishable under Sections 143, 147, 148, 120(B), 302 r/w. 149 of IPC and also under Sections 3(2)(v), 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989, which is pending on the file of the II Additional District and Sessions Judge and Special Judge, Davanagere, subject to the following conditions:-
i) The petitioner (A2) shall execute his personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the like-sum to the satisfaction of the jurisdictional Court.
ii) The petitioner (A2) shall not tamper with the prosecution witnesses.
iii) The petitioner (A2) shall appear before the trial Court on all future hearing dates unless exempted for any genuine reason by the Court.
iv) The petitioner (A2) shall not leave the jurisdiction of the trial Court without prior permission, till the case registered against him is disposed of.
(v) The petitioner (A2) shall not indulge in similar or any other offences and he shall not hamper the investigation or tamper the prosecution witnesses.
(vi) The petitioner (A2) shall mark his attendance once in a week ie., every Sunday between 10.00 am and 5.00 p.m., till filing of the charge sheet or for a period of three months, whichever is earlier.
It is also made clear that, if the petitioner (A2) violates any of the conditions imposed by this Court, the Respondent-State is at liberty to move the trial Court for cancellation of bail.
Sd/-
JUDGE KGR*