Allowed

Deepesh @ Deepu v. State of Karnataka

Karnataka HC5 Aug 2021CRL.A/683/2021

Case brief

AI extract

What is this about?

The High Court allowed the criminal appeal filed under Section 14A of the SC/ST (POA) Act. The court set aside the bail rejection order and granted bail to the appellant on the grounds of parity with co-accused who were already on bail, imposing a bond and standard conditions.

What did the court decide?

Appeal allowed, impugned order set aside, bail granted for Rs. 2,00,000 with two sureties and conditions against tampering with evidence.

Deepesh @ Deepu Vs State of Karnataka — Caste Atrocities | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 05^TH DAY OF AUGUST 2021

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BEFORE

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THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR

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CRIMINAL APPEAL No. 683 OF 2021

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BETWEEN

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Deepesh @ Deepu, S/o Rukmaya Poojary, Aged about 21 years, Occupation: Student, R/at Permude Village and Post, Mangaluru Taluk-574142.

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…Appellant

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(By Sri K.Dinesh Kumar Rao, Advocate)

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AND

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State of Karnataka By Bajpe Police Station, Mangaluru-574002 (Represented by Public Prosecutor, High Court Buildings, Bengaluru-560001).

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Manish Jogi, S/o Yashodar Jogi, Aged about 21 years, R/at Swamilapadavu, Mane, Bajpe, Mangaluru-574412.

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…Respondents

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(By Sri R.D.Renukaradhya, HCGP, for R1, R2 – Served & unrepresented)

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This Criminal Appeal is filed under Section 14A(2) of SC/ST (POA) Act, praying to set aside the impugned order dated 24.11.2020 and be pleased to allow the appeal and enlarge the petitioner on bail in Spl.C.No.157/2020 pending on the file of II Additional District and Sessions Judge, D.K., Mangaluru (charge sheeted for the offence punishable under Sections 143, 147, 148, 323, 324, 504, 506, 341, 307, 302 read with 149 of IPC and under Sections 3(2)(v) SC/ST (POA) Act.

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This Criminal Appeal coming on for admission this day, the court delivered the following:

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JUDGMENT

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Heard the learned advocate for the appellant and

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the learned High Court Government Pleader.

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This is an appeal under section 14A of the Scheduled Castes and the Scheduled Tribes

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(Prevention of Atrocities) Act (for short referred to as ‘the Act’). The offences invoked are punishable under sections 143, 147, 148, 323, 324, 504, 506, 341, 307, 302 read with 149 of IPC and section 3(2)(v) of the Act. It appears that the police have invoked the offence under the Act because the deceased belonged

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to scheduled caste or, otherwise the incident appears to have taken place in connection with a love affair between a girl who is the relative of accused No.3 and CW2. Be that as it may, this court has already granted bail to accused 4 to 6. The charge sheet materials show that this appellant stands on the same footing with all these three accused who have been admitted to bail. Therefore on the ground of parity also, this appeal can be allowed to enlarge the appellant on bail. Hence, the following : -

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ORDER

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(i) Appeal is allowed. (ii) The order passed by the II Additional District and Sessions Judge, D.K., Mangaluru, dated 24.11.2020 on application under section 439 Cr.P.C filed in Crl. Misc. Case No. 622/2020 is set aside, the said application is allowed.

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(iii) The appellant is ordered to be released on bail on his executing a bond for Rs.2,00,000/- and providing two sureties

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for the likesum to the satisfaction of the trial court. The appellant is also subjected to the following conditions : -

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(a) He shall not tamper with the evidence and threaten the witnesses.

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(b) He shall regularly appear before the trial court till conclusion of the trial.

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Sd/JUDGE

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ckl

Deepesh @ Deepu v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Deepesh @ Deepu v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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