Appeals against rejection of bail in a murder case involving Scheduled Caste/Tribe atrocities were allowed. Appellants granted bail on personal bond and strict conditions, holding witness recovery insufficient for denial.
Order rejecting bail rejected; appellants enlarged on bail on personal bond of Rs. 1,00,000 each with sureties and strict conditions.
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 21ST DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL APPEAL NO. 1453 OF 2024
C/W
CRIMINAL APPEAL NO. 1476 OF 2024
IN CRL.A No. 1453/2024
BETWEEN:
BANGALORE 560026.
Digitally signed by ANAND N Location: HIGH COURT OF KARNATAKA
NC: 2024:KHC:38994 CRL.A No. 1453 of 2024 C/W CRL.A No. 1476 of 2024
S/O DERI, AGED ABOUT 23 YEARS R/AT 103, 1ST CROSS 1ST MAIN, JANATHA COLONY HALEGUDDADAHALLI, J J NAGAR, BANGALORE 560 026.
…APPELLANTS
(BY SRI. VENKATARAMANAPPA D.S., ADVOCATE)
AND:
S/O GOPI, AGED ABOUT 26 YEARS R/AT NO 38, 3RD FLOOR 3RD CROSS, MCT QUARTERS NEAR SATELITE BUS STOP MYSORE ROAD, BANGALORE CITY 560026.
…RESPONDENTS
(BY SRI. RAHUL RAI K., HCGP FOR R1)
THIS CRL.A. IS FILED U/S 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 PASSED IN CRL.MISC.NO.6272/2024 DATED 20.07.2024, PASSED BY THE HONBLE LXX ADDL. CITY CIVIL AND SESSIONS JUDGE AT BANGALORE (CCH-71) BY THE ALLOWING THE BAIL FILED BY THE APPELLANTS BY ENLARGED THE APPELLANTS ON BAIL IN CR.NO.474/2023 (SPL.C.C.NO.172/2024) WHICH IS REGISTERED BY THE RESPONDENT NO.1 BYATARAYANAPURA POLICE FOR THE OFFENCE P/U/S 120B, 143, 147, 148, 302, 201, 212, 149 OF IPC AND U/S 3(2)(V) SC AND ST (POA) ACT, 1989 THE SAID MATTER IS PENDING BEFORE THE HONBLE LXX ADDL. CITY CIVIL AND SESSIONS JUDGE AT BANGALORE (CCH-71).
IN CRL.A NO. 1476/2024
BETWEEN:
...APPELLANTS
AND:
...RESPONDENTS
(BY SRI. RAHUL RAI K., HCGP)
NC: 2024:KHC:38994 CRL.A No. 1453 of 2024 C/W CRL.A No. 1476 of 2024
THIS CRL.A. IS FILED U/S 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 PASSED IN CRL.MISC.NO.6272/2024 DTD 20.07.2024, PASSED BY THE HONBLE LXX ADDL. CITY CIVIL AND SESSIONS JUDGE AT BANGALORE (CCH-71) BY THE ALLOWING THE BAIL FILED BY THE APPELLANTS BY ENLARGED THE APPELLANTS ON BAIL IN CR.NO.474/2023 (SPL.C.C.NO. 172/2024) WHICH IS REGISTERED BY THE RESPONDENT NO.1 BYATARAYANAPURA POLICE FOR THE OFFENCE P/U/S 120B, 143, 147, 148, 302, 201, 212, 149 OF IPC AND U/S 3(2)(V) SC AND ST (POA) ACT, 1989 THE SAID MATTER IS PENDING BEFORE THE HONBLE LXX ADDL. CITY CIVIL AND SESSIONS JUDGE AT BANGALORE (CCH-71).
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ
ORAL JUDGMENT
NC: 2024:KHC:38994 CRL.A No. 1453 of 2024 C/W CRL.A No. 1476 of 2024
NC: 2024:KHC:38994 CRL.A No. 1453 of 2024 C/W CRL.A No. 1476 of 2024
case against the appellants and therefore, they are not entitled for bail. Drawing the attention of the Court to the post mortem report, he argued that the deceased has sustained 16 injuries and the cause of death is on account
of multiple chop injuries sustained to the head and face and therefore, the offence committed is heinous in nature. He contended that if the appellants are granted bail, there is threat to the prosecution witnesses.
identified the appellants as the assailants. No Test Identification Parade has been conducted.
NC: 2024:KHC:38994 CRL.A No. 1453 of 2024 C/W CRL.A No. 1476 of 2024
ORDER
i. Appeals are allowed.
ii. Order dated 20.07.2024 passed in Crl. Misc. No.6272/2024 by the LXX Addl. City and Civil and Sessions Judge, Bengaluru, rejecting the bail petition of these appellants is set aside.
iii. Appellants/accused Nos.1, 2, 6, 7, 8, 10, 11 and 12 in Crime No.474/2023 of Byatarayanapura Police Station, Bengaluru shall be enlarged on bail subject to following conditions:
[a] They shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each, with two sureties for the like-sum to the satisfaction of the Jurisdictional Court.
NC: 2024:KHC:38994 CRL.A No. 1453 of 2024 C/W CRL.A No. 1476 of 2024
[b] They shall furnish proof of their current residential address and shall inform the Court if there is any change in the address.
[c] They shall not tamper with the prosecution witnesses either directly or indirectly.
[d] They shall not involve in any criminal activity.
[e] They shall appear before the trial Court on all dates of hearing without fail.
[f] They shall not move out of the jurisdiction of the trial Court, without prior permission of the learned Sessions Judge.
Violation of any of the above conditions shall lead to cancellation of bail.
Observations made in this order shall not influence the trial of the case.
Sd/(MOHAMMAD NAWAZ) JUDGE
AN/-
3 issues framed by the court
Whether bail should be granted to appellants charged with murder and atrocities under the SC/ST (POA) Act despite the offence being heinous.
Whether the recovery of incriminating articles at the instance of accused is sufficient ground to deny bail or impose stringent conditions.
Whether the failure of eye witnesses to identify appellants in a TID Parade precludes granting bail.
3 provisions across 3 enactments
MR HARISH S/O SHEKAR AND OTHERS
THE STATE OF KARNATAKA
MR SATHISH G AND ANOTHER
MOHAMMAD NAWAZ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
