Special Criminal Appeal against order refusing bail. Court allowed appeal, set aside impugned order, and granted bail to accused Nos.3 and 7 with personal bond and stringent conditions including attendance reports.
Appellants accused Nos.3 and 7 released on bail Rs.2,00,000 each with two sureties subject to specific conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF DECEMBER, 2021
BEFORE
THE HON’BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL APPEAL NO.1539 OF 2021
BETWEEN:
PERMANENT RESIDING AT: KURUBARA KOTHEGALA GRAMA T. NARASIPURA CHAMARAJANAGARA DISTRICT–571 313. … APPELLANTS
(BY SRI. M. SHARASS CHANDRA, ADVOCATE)
AND:
STATE OF KARNATAKA BY CHAMARAJPETE P.S. (REP. BY S.P.P.) HIGH COURT OF KARNATAKA BANGALORE-560 001. … RESPONDENT
(BY SMT. RASHMI JADHAV, HCGP)
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THIS CRL.A. IS FILED U/S 14A(2) OF SC/ST (POA) ACT PRAYING TO SET ASIDE THE ORDER DATED 07.09.2021 AND CONSEQUENTLY GRANT THE RELIEF OF REGULAR BAIL TO THE APPELLANTS/ACCUSED NO.3 AND 7 IN SPL.C.NO.93/2021 OF THE RESPONDENT-CHAMARAJAPET POLICE, FOR OFFENCE P/U/S.302 R/W SEC.149 OF IPC AND U/S.3(2)(v) OF SC/ST ACT 1989, WHICH IS PENDING ON THE FILE OF LXX ADDITIONAL CITY CIVIL DISTRICT AND SESSIONS JUDGE AND SPECIAL JUDGE AT BENGALURU (CCH71).
THIS APPEAL IS COMING ON FOR ADMISSION THROUGH VIDEO CONFERENCE/PHYSICAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING;
JUDGMENT
This appeal is preferred under Section 14A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 [for short "SC/ST Act”] praying to set aside the order dated 07.09.2021 passed in SPL.C.No.93/2021 by the Court of LXX Additional City Civil and Sessions Judge and Special Judge at Bengaluru and to enlarge the appellants/accused Nos.3 and 7 on bail in connection with a case registered in Crime No.45/2020 of Chamarajpet Police Station.
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witness namely C.Ws.2 to 4 were recorded. Wherein, they have stated that they saw about 8 persons chasing the deceased holding deadly weapons and assaulting him near Agarabatti Factory.
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tampering the prosecution witnesses and also fleeing from justice.
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on bail. Investigation is completed and charge sheet has been filed. Hence, by imposing stringent conditions, the relief sought by the appellants can be granted. Accordingly, the following;
ORDER
Appeal is allowed.
The order dated 07.09.2021 passed in
SPL.C.No.93/2021 on the file of the LXX Additional City Civil and Sessions Judge and Special Judge at Bengaluru is hereby set aside.
The appellants/accused Nos.3 and 7 are ordered to be released on bail subject to following conditions:
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Violation of any of the above conditions will lead to
cancellation of the bail.
Sd/JUDGE
BH
3 issues framed by the court
Whether the pending criminal appeal for regular bail should be admitted and allowed subject to stringent bail conditions.
Whether the defacto-complainant's death and lack of identification by eye witnesses warrant setting aside the refusal of bail.
Whether the appellants can be enlarged on bail despite allegations of unlawful assembly and murder pending investigation.
3 provisions across 2 enactments
RAMESH @ DILDHAR
ANANDA @ HYTECH
STATE OF KARNATAKA
MOHAMMAD NAWAZ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
