The High Court of Karnataka dismissed an appeal against the rejection of bail in a murder and fatal offence case where the appellant's wife (SC) was killed, possibly due to caste suppression, and the body was disposed of by the appellant.
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.1685/2021
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JANUARY 2022
BEFORE
THE HON’BLE MRS JUSTICE K.S.MUDAGAL
CRIMINAL APPEAL No.1685/2021
BETWEEN:
SRI LOKESH.Y.S S/O SAMANDIGOWDA AGED ABOUT 33 YEARS R/AT YELAVALLI VILLAGE SATHANURU TALUK KANAKAPURA TALUK RAMANAGARA 562 126 AND ALSO AT SRI.RAMPURA STREET AMBEDKAR NAGARA KANAKAPURA TOWN RAMANGARA DISTRICT – 562 125 …APPELLANT (BY SRI G.M.SRINIVASA REDDY, ADVOCATE)
AND:
(BY SMT.RASHMI JADHAV, HCGP FOR R1;
R2 SERVED)
Crl.A.No.1685/2021
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THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14A(2) OF THE SCHEDULED CASTES AND THE SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 2015 PRAYING TO SET ASIDE THE ORDER DATED 30.09.2021 PASSED BY THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, RAMANAGARA IN CRL.MISC.NO.700/2021 ETC.
THIS CRIMINAL APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T
Heard.
Geeta about four years prior to 01.06.2021. The appellant belongs to Vokkaliga Community and Kusuma @ Geeta belongs to the scheduled caste. Out of the wedlock, the couple got a child aged two years.
Crl.A.No.1685/2021
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that he started suspecting fidelity of Kusuma @ Geeta and in that background on 01.06.2021 at 2.00 p.m. he committed murder of Kusuma @ Geeta by strangulating her. It is alleged that to screen the evidence of offence, the appellant stuffed the dead body in a bag and shifted to the land on his motorcycle and buried the same in the land.
Crl.A.No.1685/2021
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before the I Additional District & Sessions Judge, Ramanagar seeking bail. The trial Court rejected the petition.
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before the Court show that the dead body of the victim was discovered from the land at the instance of the appellant. The said circumstance is within the special knowledge of the appellant which he has to explain during trial.
Sd/JUDGE
KSR
3 issues framed by the court
Whether bail should be granted to the appellant in a murder case involving a member of Scheduled Caste.
Whether the attempt to conceal the victim's body makes the appellant unfit for bail.
Whether the circumstances require setting aside the order rejecting the bail petition.
2 provisions across 2 enactments
Lokesh.Y.S
State of Karnataka
Shivappa Mallapura
K.S. Mudagal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
