The High Court of Karnataka dismissed a criminal appeal filed under the SC/ST (POA) Act, 2015. The appellant sought bail in a murder case, arguing false implication and lack of specific evidence. The Judges upheld the lower court's order rejecting bail owing to the gravity of the offense and pending investigation.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL APPEAL NO. 290 OF 2023
BETWEEN:
SRI.GOVINDARAJU @ GOVINDA S/O VENKATESH AGED ABOUT 25 YEARS R/AT NO.218, AMBEDKAR 1ST CROSS, NEAR GANESH TEMPLE CHIKKAJALA, BANGALORE-562157.
…APPELLANT
(BY SRI. LAKSHMIKANTH K., ADVOCATE)
AND:
Digitally signed by C MALATHI Location: High Court of Karnataka
…RESPONDENTS
(BY SRI.K.NAGESHWARAPPA., HCGP. FOR R1: AWAITING POLICE REPORT IN RESPECT OF R2)
CRL.A No. 290 of 2023
THIS CRIMINAL APPEAL IS FILED UNDER SECTION.14(A) (2) OF SC/ST (POA) ACT, 2015 BY THE ADVOCATE FOR THE APPELLANT/S PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER DATED 03.02.2023 PASSED IN CRL.MISC.NO.509/2023 BY THE LEARNED LXX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, SPECIAL JUDGE BENGALURU (CCH-71) AND RELEASE THE APPELLANT ON BAIL FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 302,201,343,364,307,504,506 R/W SEC.149 OF IPC AND SEC.3(2)(v), 3(1)(e) OF SC/ST (POA) IN THEIR CRIME NO.138/2022 PENDING ON THE FILE OF THE LXX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, SPECIAL JUDGE BENGALURU (CCH-71).
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is preferred against the order dated 03.02.2023 passed by the Court of LXX Additional City Civil and Sessions Judge, Special Judge, Bengaluru (CCH-71) in Crl.Misc.No.509/2023, rejecting the application filed by the appellant/accused No.10 to enlarge him on bail in a case registered in Crime No.138/2022 of Cubbon Park Police Station. The offences alleged are under Sections 302, 201, 343, 364, 307, 504, 506 read with 149 of IPC and Sections
CRL.A No. 290 of 2023
3(2)(v), 13(1)(e) of the SC/ST (Prevention of
Atrocities) Act, 1989.
for the appellant that the appellant has been falsely implicated in this case and there is no iota of evidence against him. He contends that there is no specific overt acts alleged against the appellant and the only allegation is that he provided his car to the other accused. He contends that there are no eyewitness to the incident in question and the allegation made against the appellant is without any basis. He further submits that the investigation is almost completed. The appellant is having his age old parents and pregnant wife, who are depending on him and therefore, by imposing any conditions, he may be enlarged on bail.
opposed the prayer seeking bail, contending that the
CRL.A No. 290 of 2023
appellant knowing fully well that the other accused persons were intending to kidnap the deceased and commit his murder has provided his car, consequent to which the deceased was kidnapped in the said car and murdered. He submits that the investigation is pending and therefore, at this stage, if the appellant is enlarged on bail, the same will hinder the investigation process. Therefore, he seeks to reject the appeal.
to a farm house belonging to accused No.8, wherein they brutally assaulted and committed his murder.
The dead body was then shifted in the car of accused No.9 with the help of accused Nos.4 and 7 and it was thrown in Charmadi ghat, with an intention to cause disappearance of the evidence.
considering the gravity of the offence committed and observing that the matter is still under investigation, refused to enlarge the appellant on bail. Since, the
CRL.A No. 290 of 2023
investigation is still in process, at this stage, it is not
just and proper to enlarge the appellant on bail.
approach the Sessions Court once the investigation is
completed and the charge sheet is filed.
dismissed.
Sd/JUDGE
HA List No.: 1 Sl No.: 3
1 issue framed by the court
Whether the Learned Sessions Judge erred in not granting bail to the appellant while the investigation was ongoing?
2 provisions across 2 enactments
GOVINDARAJU @ GOVINDA
THE STATE OF KARNATAKA
BHEEMASENA GHATAGE
MOHAMMAD NAWAZ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
