In a criminal appeal against the rejection of a bail application in a murder case, the High Court allowed the appeal and granted bail to the appellant subject to bond and other conditions.
Bail granted to appellant accused No. 1 on personal bond of Rs. 1,00,000/- with one surety, subject to appearing in court and not threatening witnesses.
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:43036 CRL.A No. 1475 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL No. 1475 OF 2024
BETWEEN:
LOKESH. B. S. S/O SIDDAPPA AGED ABOUT 27 YEARS RESIDENT OF BASAVANAHALLI VILLAGE HOLAVANAHALLI HOBLI KORATAGERE TALUK TUMAKURU DISTRICT – 572 121.
PREVIOUSLY RESIDING AT No.22, SUVARNA NAGAR NEAR SIDDARTHA COTARY DODDABIDARAKALLU NAGASANDRA BANGALORE NORTH BENGALURU – 560 073.
Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA
ALSO NEW RESIDING AT NEAR K .R .B PETROL BUNK ANJINAPURA, J P NAGARA 9TH STAND, BANGALORE – 560 078. …APPELLANT
(BY SRI MOHAMED UMMAR FAROOQ, ADVOCATE)
AND:
…RESPONDENTS
(BY SRI K NAGESHWARAPPA, HCGP FOR R1 R2 SERVED. UNREPRESENTED)
THIS CRL.A. IS FILED UNDER SECTION 14(A)(2) OF SC/ST (POA) ACT, 2015 PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 04.05.2023 PASSED IN C.MISC.NO.353/2023 BY HON’BLE 3RD ADDITIONAL DISTRICT AND SESSIONS JUDGE, AT TUMKUR AND ENLARGE APPELLANT ON BAI IN SPL.C.C.No.262/2022 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
praying to set aside the order dated 04.05.2023 passed in Crl.Misc. No. 353/2023 by the III Additional District and Sessions Judge, Tumakuru, whereunder the bail application of appellant - accused No. 2 sought in respect of crime No. 297/2022 of Koratagere Police Station
registered for offence punishable under Sections 302, 201, 109 read with Section 34 of IPC and Section 3(2)(va) of Schedule Caste Schedule Tribe (Prevention of Atrocities Act), 1989 (hereinafter referred to as the SC ST Act) came to be rejected.
Due to ill treatment by the deceased Sri. Suresh, both accused Nos. 5 and 6 informed accused No.1 to commit
the murder of Sri. Suresh, agreeing to pay him Rs.20,000/-. At the instigation of accused No.1, on 28.11.2022, accused Nos. 2 to 4 received a sum of Rs.5,000/- from accused No. 5. On the same day, at about 04.30 pm., accused No. 1 in his Autorickshaw along with accused No. 2 had been to Tubugere village and took up the deceased Sri. Suresh in his Autorickshaw, then went to bye-pass road on Madhugiri at 09.40 pm. By that time, accused Nos. 3 and 4 came there on their two wheeler. All of them had alcohol at Madhugiri Wines and all of them along with the deceased Sri. Suresh had been
to the vacant place belonging to one Jodidar Rajanna. Accused Nos. 1 to 4 made the deceased Sri. Suresh to sleep in the Autorickshaw and also pulled his head out side the Autorickshaw. Immediately, accused No. 2 kicked with leg on his face and accused No. 3 squeezed the neck of the deceased Sri. Suresh with an intention to commit his murder. After death of the deceased Sri. Suresh, accused Nos. 1 to 3 shifted the dead body of the deceased to the land belonging to Sri. Krishnamurthy - (CW-8) at
Basavanahalli village and cremated the dead body in that land. It is the further case of the prosecution that accused Nos. 1 to 4 after committing the murder of Sri. Suresh, took the dead body to the house of accused No. 5 and shown the dead body to her. Accused No. 5 provided a window curtain to cover the dead body and one spade to burry the dead body.
the ground of parity. Except recovery of Autorickshaw and two mobile phones there are no incriminating evidence against this appellant - accused No. 1. On these grounds he prayed to allow the appeal and grant bail to appellant - accused No. 1.
this Court has perused the impugned order and charge sheet material.
O R D E R
The appeal is allowed. The impugned order dated 04.05.2023 passed in Crl.Misc. No. 353/2023 by the III
Additional District and Sessions Judge, Tumakuru,
(pending in Spl.CC. No. 262/2023) subject to the following conditions.
Sd/-
(SHIVASHANKAR AMARANNAVAR) JUDGE
LRS
List No.: 1 Sl No.: 16
2 issues framed by the court
Whether the High Court should interfere with the impugned order rejecting the bail application of the appellant accused in a murder case involving Scheduled Caste Scheduled Tribe provisions.
Whether the appellant is entitled to bail on grounds of parity and absence of substantial incriminating evidence against him.
1 provisions across 1 enactments
LOKESH. B. S.
STATE OF KARNATAKA
HANUMANTHARAYA
SHIVASHANKAR AMARANNAVAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
