Appeal under Section 14A(2) SC/ST (POA) Act challenging refusal of bail to accused No.4. Counsel sought withdrawal with liberty to urge the injury ground afresh before the Special Judge; appeal dismissed as withdrawn with such liberty.
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.
NC: 2024:KHC:45099 CRL.A No. 1047 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL No. 1047 OF 2024
BETWEEN:
SHANKAREGOWDA @ SHANKARA @ THUPPA S/O L. MAHADEVAPPA AGED 31 YEARS HOUSE No. 330 DALAVAHI AGRAHARA T. NARASIPURA TOWN, MYSURU - 571 124.
…APPELLANT
(BY SRI PRASANNA KUMAR P, ADVOCATE)
AND:
Digitally signed by HEMAVATHY GANGABYRAPPA Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SRI K NAGESHWARAPPA, HCGP FOR R1 SRI SUYOG HERELE, ADVOCATE FOR R2)
NC: 2024:KHC:45099 CRL.A No. 1047 of 2024
THIS CRL.A. IS FILED UNDER SECTION 14(A)(2) OF SC/ST (POA) ACT, 2015 PRAYING TO SET ASIDE THE ORDER DATED 19.04.2024 IN SPL.C.No.647/2023 PASSED BY THE LEARNED VI ADDITIONAL DISTRICT AND SPECIAL JUDGE, MYSURU FOR THE OFFENCE UNDER SECTIONS 143, 147, 148, 504, 307, 302 R/W SECTION 149 OF IPC AND SECTION 3(2)(v) OF SC/ST POA ACT, 2015 (PRODUCED VIDE ANNEUXRE-A) AND ETC.,
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL JUDGMENT
Learned counsel for the appellant is urging ground
that the appellant –accused No.4 has sustained injuries in the incident and referred mahazar dated 13.07.2023 wherein mobile was seized from custody of accused No.8 shows photos of this appellant –accused No.4 sustaining injuries. He further submits that the said aspect has been suppressed by the prosecution. He further submits that in the remand application of this appellant –accused No.4 dated 12.07.2023 it is also stated that this appellant – accused No.4 is injured. The order sheet dated 15.07.2023 of the learned Special Judge which indicates
that medical documents are enclosed with the remand application showing that the appellant –accused No.4 is injured. The learned counsel for the appellant has not urged the said ground before the trial Court.
as withdrawn with liberty as stated above.
earlier order passed by him has to consider bail application to be filed by appellant –accused No.4.
Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE
DSP
List No.: 1 Sl No.: 11
1 issue framed by the court
Whether the appellant's claim of injuries sustained in the incident warranted setting aside the Special Judge's bail order?
3 provisions across 2 enactments
Shankaregowda @ Shankara @ Thuppa
State of Karnataka by T Narasipura Police Station
Ramanujam
Shivashankar Amaranavar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
