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K’taka High Court grants relief to Accused after nearly 3 years due to Failure of Witness testimony to provide Incriminating Evidence.

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CASE TITLE – Salman Chirik v. State of Karnataka

CASE NUMBER – CP NO.3782 OF 2024

DATED ON – 14.05.2023

QUORUM – Justice H.P. Sandesh

 

FACTS OF THE CASE

This petition was a successive bail petition of the Petitioner, who is accused the No.3. The Hon’ble High Court of Karnataka earlier in Crl.P.No.9818/2021, in view of the filing of the charge sheet, granted liberty to the petitioner to approach the Trial Court. The petitioner also approached this Court in Crl.P.No.7785/2022 and the same was rejected vide order dated 21.11.2022, on merits. The petitioner once again approached the Hon’ble High Court of Karnataka by filing a fresh petition in Crl.P.No.2600/2023 and the Court rejected the same vide order dated 14.06.2023, but with liberty to approach this Court after examination of the eye-witnesses.

 

ISSUES

Whether the evidence on record against the Petitioner/Accused No.3, is adequate to deny bail.

 

CONTENTIONS BY THE PETITIONER

The learned counsel for the petitioner submitted that the injured witnesses, as well as the eye-witnesses have been examined before the Trial Court as P.W.1 to P.W.7 and none of them have supported the case of the prosecution and during the course of cross-examination also, nothing was elicited from their mouth and nothing is there to appreciate in the matter on merits. He also brought to light that the Accused No.1 in the same case, facing similar charges was enlarged on bail by this same Court vide order dated 29.07.2022, and stated that the Petitioner in turn had been in Custody for 2 years and 8 months. He further went on to mention that Accused Nos.5 and 7 and this Petitioner are in custody and other than this petitioner and accused Nos.5 and 7, all are on bail. The learned counsel argued that in view of the injured witnesses and eye-witnesses who have not supported the case of the prosecution, the Court has to enlarge the petitioner on bail.

 

CONTENTIONS BY THE RESPONDENT

The learned High Court Government Pleader appearing for the respondent State submitted that the charges levelled against the Petitioner is different and the evidence on record is different. Hence, the petitioner is not entitled to bail.

 

COURT ANALYSIS AND JUDGEMENT

The Hon’ble High Court of Karnataka after hearing the arguments of both the parties, looked into the depositions of the injured witnesses and eye-witnesses. They stated P.W.1 to P.W.3, who have sustained injuries in the incident, though P.W.1 stated that when he went to pacify the Galata, he had sustained injuries on above the left eye, but he says that the accused persons were not there in the spot and his brother and Yasin were not subjected to assault by this petitioner. P.W.2 stated that someone had inflicted injury on his cheek and the said person is not before the Court. He was subjected to cross-examination and nothing had elicited from his mouth either. P.W.3 though says that he was also assaulted, none of the accused persons, who were present before the Court assaulted him and he had turned hostile. P.W.4 to P.W.7 are the eye-witnesses. The Hon’ble High Court of Karnataka stated that they have also not stated anything about the incriminating evidence about the petitioner herein and that when such being the material on record and when the eye-witnesses and the injured witnesses have been examined, in the absence of incriminating evidence, the petitioner is entitled for bail and the Criminal Petition was allowed, certain to some conditions, those being: (i) The petitioner shall execute his personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the like-sum to the satisfaction of the jurisdictional Court. (ii) The petitioner shall not indulge in tampering the prosecution witnesses. (iii) The petitioner shall appear before the jurisdictional Court on all future hearing dates, unless exempted by the Court for any genuine cause. (iv) The petitioner shall not leave the jurisdiction of the Trial Court without prior permission of the Court till the case registered against him is disposed of.

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Judgement Reviewed by – Gnaneswarran Beemarao

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Delhi Court Upholds Cancellation of Anticipatory Bail for Rajan Kumar @ Ashu Chauhan

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Case title: RAJAN KUMAR @ ASHU CHAUHAN VS STATE OF N.C.T OF DELHI

Case no: BAIL APPLN. No.2112/2023 & CRL.M.A. 16653/2023 (Stay)

Dated on: May 21, 2024

Quorum: HON’BLE MR. JUSTICE AMIT SHARMA

Fact of the case:

The case involves an application for anticipatory bail filed by Rajan Kumar @ Ashu Chauhan under Section 438 of the Code of Criminal Procedure, 1973. On 24th September 2022, two PCR calls were received by PS Vasant Kunj (South) regarding a quarrel and subsequent medical examination of the injured at ISIC Hospital, Vasant Kunj, New Delhi. Members of the Residents Welfare Association (RWA) of Vasant Kunj Enclave were holding a peaceful demonstration outside Calvin Studio & Gym. Later, they were confronted by Rajan Kumar @ Ashu Chauhan and his associates. After the RWA members returned to their meeting place, the petitioner, along with his associates, allegedly arrived with weapons and assaulted Manoj Arya, Manish Agarwal, and Naveen Chander Bhatt. The assault led to grievous injuries and the theft of two gold chains and two mobile phones from the victims. CCTV footage collected from the vicinity showed the arrival and involvement of the petitioner and approximately 30 associates in the incident. The footage also showed the presence of police personnel who did not intervene. The court reviewed substantial evidence, including CCTV footage and witness statements, leading to the consideration of the current application for anticipatory bail.

 Issues framed by court:

Whether the petitioner should be granted anticipatory bail considering the nature of the allegations and the evidence presented?

Whether the petitioner violated the conditions of the previous anticipatory bail granted on 19th October 2022?

Whether the anticipatory bail granted earlier should be cancelled due to these alleged violations?

Legal provisions:

Section 438 of the Cr.P.C.: Deals with the provision for anticipatory bail.

Relevant Sections of the IPC: Sec. 323 (Punishment for voluntarily causing hurt), Sec. 325 (Punishment for voluntarily causing grievous hurt), Sec.341 (Punishment for wrongful restraint), Sec. 506 (Punishment for criminal intimidation), Sec.509 (Word, gesture or act intended to insult the modesty of a woman), Sec.379 (Punishment for theft), Sec.452 (House-trespass after preparation for hurt, assault or wrongful restraint), Sec.147 (Punishment for rioting), Sec.148 (Rioting, armed with a deadly weapon), Sec.149 (Every member of unlawful assembly guilty of offense committed in prosecution of common object), Sec.34 (Acts done by several persons in furtherance of common intention).

Section 30 of the Arms Act, 1959: Punishment for contravention of license or rule.

 Contentions of Appellant:

The petitioner denied all allegations of assault and theft. He claimed that he was not involved in the incident in the manner described by the prosecution. He contended that he complied with the conditions set during the previous anticipatory bail and that the alleged violations were either misunderstandings or minor infractions that do not warrant the cancellation of bail. He assured the court that he would continue to cooperate with the investigation and would not interfere with witnesses or tamper with evidence.

Contentions of Respondents:

The respondent argued that the nature of the offenses, including assault, theft, and intimidation, is severe and justifies denying anticipatory bail. The prosecution presented evidence that the petitioner had violated the conditions of his previous anticipatory bail by visiting the area and conducting meetings without prior intimation to the investigating officer, and by allegedly threatening local residents. The respondent emphasized that the petitioner posed a threat to the witnesses, as evidenced by his actions post-grant of bail, and that his bail should be cancelled to prevent further intimidation or interference in the investigation.

 Court analysis & Judgement:

The court reviewed the evidence, including the statements of victims, witness testimonies, and CCTV footage that corroborated the presence and involvement of the petitioner in the incident. The court found substantial evidence that the petitioner had violated the conditions of the anticipatory bail granted on 19th October 2022, which mandated that he not visit the area without prior intimation and that he refrain from intimidating witnesses. The court concluded that the petitioner’s actions posed a significant risk to the integrity of the investigation and the safety of witnesses.

The court dismissed and disposed of the application for anticipatory bail and upheld the cancellation of the previously granted anticipatory bail. The court directed that the petitioner be taken into custody, highlighting the need to ensure a fair and uninfluenced investigation.

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Judgement Reviewed By- Antara Ghosh

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