Jagadish @ Jagadishkumar vs State Of Karnataka Through Mannaekhelli P.S. Chitguppa Taluk District Bidar Rep. By Addl. S.P.P., High Court Of Karnataka Kalaburagi-585105 & Others

S.Vishwajith Shetty, J

Accused No.2 is before this Court under Section 14(A)(2) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Amendment Act, 2015 (for short 'SC/ST (POA) Act') with a prayer to enlarge him on regular bail in Crime No.5/2024 registered by Manna Ekhelli Police Station, Bidar for the offences punishable under Sections 143, 147, 148, 302, 307, 324, 341, 504, 506 read with Section 149 of IPC and Sections 3(2)(v) and 3(2)(va) of SC/ST (POA) Act.

Heard the learned counsel for the appellant and learned High Court Government Pleader for respondent No.1. Respondent No.2, who is served in the matter has remained unrepresented before this Court.

FIR in Crime No.5/2024 was registered by Manna Ekhelli Police Station, Bidar for the aforesaid offences against one Lingaraj and others on the basis of the first information dated 10.01.2024 received from Nilakanth, who is the son of the deceased Mallikarjun. The appellant was arrayed as accused No.2 in the FIR. During the course of investigation, he was arrested on 18.01.2024. The investigation in the case is completed and charge sheet has been filed. In the charge sheet also, the appellant is arrayed as accused No.2. The bail application filed by the appellant before the jurisdictional Sessions Court in Crl.Misc.No. 5037/2024 was rejected on 07.03.2024. Therefore, he is before this Court.

Learned counsel for the appellant having reiterated the grounds urged in the appeal memorandum submits that the appellant is a Government Servant and he was working as a teacher in a Government school. He has no criminal antecedents and he is a married person. The allegation against the appellant is that he has assaulted the deceased on his hand. The investigation in the case is completed and charge sheet has been filed. Accordingly, he prays to allow the appeal.

Per contra, learned High Court Government Pleader appearing for respondent No.1 has opposed the prayer made in the appeal. He submits that all the accused persons were armed with deadly weapons and there are two eyewitnesses to the alleged incident. CW.1 and CW.16, who are the eyewitnesses, have also suffered injuries in the incident in question. Specific overt-acts are found against the appellant and accordingly, he prays to dismiss the appeal.

The material on record would go to show that there was a boundary dispute between the parties with regard to land bearing Survey No.382 measuring 6 acres, which stood in the name of accused No.1. At the request of accused No.1 on 10.01.2024, the officers of the Survey Department had arrived at the disputed property for the purpose of conducting survey. Since Mallikarjun did not agree for conducting survey, the officers of the Survey Department had left the spot. Thereafter, the accused persons tried to remove the boundary stones from the property in dispute and this was objected to by Mallikarjun. The accused persons, who were armed with weapons started abusing Mallikarjun and accused No.1 allegedly assaulted Mallikarjun on his head with an axe, accused No.2 allegedly assaulted Mallikarjun on his left hand with a dragger and accused No.4 allegedly assaulted Mallikarjun on his left hand with a spade. When CW.1 and CW.16 tried to interfere, other accused persons allegedly assaulted them. As a result of the assault made on Mallikarjun, he succumbed to the injuries suffered at the spot.

The allegation of assaulting Mallikarjun on his head with an axe is as against accused No.1. The postmortem report of the deceased would go to show that the cause of death was due to intracranial and subdural hemorrhage secondary to head injury. The deceased had also suffered fracture of left radius and ulna bone at the level just below elbow region. Accused No.4 has allegedly assaulted the deceased on his left hand with a spade. With regard to the assault made by the appellant on the left hand of the deceased, corresponding injury is found in the left hand of the dead body of deceased Mallikarjun, which is a cut lacerated wound measuring 6 c.m. in length and 0.5 c.m. in deep near the left elbow. The appellant is a married man, aged about 45 years. He is a Government Servant and undisputedly he has no criminal antecedents. The investigation in the case is completed and charge sheet has been filed. Under the circumstances, the prayer made by the appellant for grant of bail requires to be answered affirmatively. Accordingly, the following order is passed:

ORDER

The appeal is allowed.

The impugned order passed by the Court of II Additional District and Sessions Judge, Bidar sitting at Basavakalyan in Crl.Misc.No.5037/2024 dated 07.03.2024 is set aside.

The appellant is directed to be enlarged on bail in Crime No.5/2024 of Manna Ekhelli Police Station, Bidar, registered for the offences punishable under Sections 143, 147, 148, 302, 307, 324, 341, 504, 506 read with Section 149 of IPC and Sections 3(2)(v) and 3(2)(va) of SC/ST (POA) Act, pending before the Court of II Additional District and Sessions Judge, Bidar sitting at Basavakalyan, subject to the following conditions:

a) The appellant shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

b) The appellant shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

c) The appellant shall not directly or indirectly threaten or tamper with the prosecution witnesses;

d) The appellant shall not involve in similar offences in future.