Dismissed

Dileep v. State of Karnataka

Karnataka HC23 Aug 2022CRL.A/1127/2022

Case brief

AI extract

What is this about?

In this criminal appeal against an order denying bail, the High Court held that given the gravity of the offences involving murder and the fact that main assailants remained in custody, bail could not be allowed at this stage. However, the Court granted liberty to the appellant to apply for bail to the Sessions Court after prime witnesses are examined.

What did the court decide?

Liberty granted to move Sessions Court for bail after examination of prime witnesses; criminal appeal dismissed.

Dileep Vs State of Karnataka — Caste Atrocities | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 23^RD DAY OF AUGUST 2022

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BEFORE

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THE HON'BLE MR.JUSTICE SREENIVAS HARISH KUMAR

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CRIMINAL APPEAL.No.1127 OF 2022

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BETWEEN:

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Dileep, S/o Umesh, Aged about 21 years R/at Aruru Village, Chikkaballapura Taluk, Chikkaballapur-562101. ... Appellant

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(By Sri. S. Mahesh, Advocate)

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AND:

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State of Karnataka, State by Gudibande P.S., Represented by High Court Govt. Pleader, High Court of Karnataka, Bangalore-560 001.

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Smt. Manjulamma, W/o A.C. Ramanjineya, Aged about 45 years, R/at Avalnagenahalli, Chikkaballapura Taluk, Chikkaballapura-562101. ...Respondents

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(By Sri. K.Rahul Rai, HCGP for R1: Sri. S.R. Sreeprasad, Advocate for R2)

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This criminal appeal is filed under Section 14(A)(2) of SC/ST (POA) Act, praying to set aside the impugned order passed by the 1^st Addl. District and Sessions Judge at Chikkaballapur in Crl. Misc.No.5/2022 dated:

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28.02.2022 and enlarge the appellant on bail in Crime No.43/2021 (now in Spl. S.C.No.46/2021) for the offences punishable under Sections. 143, 147, 148, 149, 447, 324, 302, 307, 114, 109, 120B, of IPC along with Sections 3(1)(r), 3(1)(s), 3(1)(w), 3(2)(va), 3(2)(v) of SC and ST (POA) Act, and etc.

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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 Sri Mahesh S. for the appellant, learned Government Pleader for respondent No.1 and Sri S.R.Sreeprasad for respondent No.2.

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This appeal is filed under Section 14-A of the SC/ST (Prevention of Atrocities) Act. The appellant is accused No.10 in Spl.S.C.No.46/2021 on the file of the I Additional District and Sessions Judge, Chikkaballapur.

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The matter pertains to killing of one Ramanjineya, the husband of the first informant, namely, Manjulamma. The allegation against the appellant is that he was present at the spot with other accused, namely, A1 – Chikka Manjunatha, A3 – Aravinda and A6 – Girish when they were assaulting the deceased to death. Though Sri Mahesh tries to

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make out a case for bail referring to the statement given by the wife of the deceased under Section 164 of Cr.P.C., it remains a fact that accused Nos. 1, 3 and 6 – main assailants have not been granted bail. The eyewitnesses have given a statement disclosing the presence of the appellant at the time of the incident. In this view, it is difficult to consider the bail application of the appellant at this stage.

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Sri Mahesh now submits that the trial has been fixed to commence from 29.08.2022 and therefore, the appellant be permitted to move the Sessions Court for bail after the prime witnesses, i.e., CW1 to CW5 are examined.

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Accordingly, liberty as sought for by Sri Mahesh is granted and the appeal is dismissed.

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The appellant is also given liberty to raise all grounds which are available to him according to law.

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Sd/JUDGE

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Cm/-

Dileep v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Dileep v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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