Criminal Appeal by accused No.3 against rejection of bail. Convicted for rape, kidnapping, and SC/ST atrocities. The Court held that due to the gravity of the offences and charge sheet materials, it was not a fit case to grant bail, dismissing the appeal.
Appeal against rejection of bail dismissed.
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.
CRL.A.No.1450.2021
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JANUARY, 2022
BEFORE
THE HON’BLE MRS. JUSTICE K.S.MUDAGAL
CRIMINAL APPEAL NO.1450 OF 2021
BETWEEN:
MR. SIDDAPPA S/O THAMMANNA AGED ABOUT 46 YEARS R/OF SAI SATHYASAI NILAYA 6TH CROSS, NEAR ICSE GATE MUNESHWARA LAYOUT EKTHANAGAR BENGALURU NORTH-560 036.
PERMANENTLY RESIDING AT SUDDEKUNTE VILLAGE KODIGENAHALLI HOBLI MADHUGIRI TALUK TUMAKURU DISTRICT-572 127
... APPELLANT
(BY SRI K J GOPI, ADVOCATE (VC))
AND
CRL.A.No.1450.2021
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AGED ABOUT 32 YEARS R/OF SUDDUKUNTE VILLAGE KODIGENAHALLI HOBLI MADHUGIRI TALUK TUMKUR DISTRICT-572 127.
... RESPONDENTS
(BY SRI. SHANKAR H S, HCGP FOR R1 (PH); R2 SERVED)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14A(2) OF SC/ST (POA) ACT BY THE ADVOCATE FOR THE APPELLANT PRAYING TO SETTING ASIDE THE ORDER PASSED BY THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, (FTSC1) TUMAKURU, IN C. MISC.NO.923/2021 AND ORDER TO RELEASE THE APPELLANT-ACCUSED NO.3 ON BAIL IN CR.NO.69/2021 FOR THE ALLEGED OFFENCE P/U/S 376, 342, 506 READ WITH 34 OF INDIAN PENAL CODE AND SECTION 6 AND 17 OF POCSO ACT, AND SEC.3(1) (r) (s), 3(1) (w) (ii), 3(2) (VA) OF SC/ST (POA) ACT PENDING ON THE FILE OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE (FTSC-1) TUMAKURU.
THIS CRIMINAL APPEAL COMING ON FOR ADMISSION THROUGH VIDEO CONFERENCING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Aggrieved by the rejection of his application for grant of bail, accused No.3 in Crime No.69/2021 of Kodigenahalli Police Station has preferred the above appeal.
CRL.A.No.1450.2021
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appellant for the offences punishable under Sections 376, 342, 506 Read with 34 of IPC and Sections 6 and 17 of POCSO ACT, and Sections 3(1) (r), 3(1)(s), 3(1) (w) (ii), 3(2) (va) of SC and ST (POA) Amendment Act 2015, on the basis of the complaint of Smt. Sumithra, the mother of the victim.
Manjamma and Balarama are accused Nos. 1 and 2 in the said case. It is alleged that on 12-08-2021 at 1.30 p.m. accused No.1 took the victim, aged 15 years to her house seeking her help to upload photo of accused No.1 for some LIC bond. It is further alleged that accused Nos. 2 and 3 were already in the room of her house. Accused Nos. 1 to 3 confined the victim in the room, then accused No.1 left the room after closing the mouth of the victim and tying her legs and hands. It is alleged that thereafter, accused
CRL.A.No.1450.2021
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No.2 dis-robed the victim and committed rape on her and the appellant facilitated the accused No.1 in commission of rape.
CRL.A.No.1450.2021
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played active role to facilitate accused No.2 to commit sexual assault.
the materials on record and the presumption under Sections 29 and 30 of the Act, at this stage, it is not a fit case to grant bail. Therefore, the appeal is dismissed.
Sd/JUDGE
tsn*
3 issues framed by the court
Whether bail should be granted to the appellant in cases involving aggravated sexual assault under IPC and SC/ST (POA) Act.
Whether the charge sheet materials and presumption under Sections 29 and 30 of the Act make it a fit case for bail.
Whether the appellant is entitled to bail despite allegations of political rivalry.
5 provisions across 4 enactments
MR. SIDDAPPA
STATE OF KARNATAKA
SMT. SUMITHRA
K.S.MUDAGAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
