Appeals against rejection of regular bail to two accused in a murder case registered under IPC and SC/ST (POA) Act. Eye witnesses recorded after arrest did not name the appellants and no identification parade was held; a similarly placed co-accused was already granted bail. Appeals allowed and bail granted with 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 13TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL APPEAL NO. 1494 OF 2024 C/W
CRIMINAL APPEAL NO. 1483 OF 2024
IN CRL.A No. 1494/2024
BETWEEN:
SRI VASANTH KUMAR S/O BASKAR, AGED ABOUT 22 YEARS, R/AT.NO.125 D,2ND CROSS, JANATACOLONY, OLD GUDDADAHALLI, J.J.NAGARA, MYSORE ROAD, BENGALURU CITY, KARNATAKA-560026.
…APPELLANT
Digitally signed by NARASIMHA MURTHY VANAMALA Location: HIGH COURT OF KARNATAKA
(BY SRI. NARAYANASWAMY K N.,ADVOCATE)
AND:
NC: 2024:KHC:37699 CRL.A No. 1494 of 2024 C/W CRL.A No. 1483 of 2024
M.C.T QUARTERS, NEAR SATELLITE BUS STOP, MYSORE ROAD, BANGALORE-560026.
…RESPONDENTS
(BY SRI.RANGASWAMY R., HCGP FOR R1 AND R2 SERVED)
THIS CRL.A IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT PRAYING TO SET ASIDE THE ORDER DATED 20.07.2024 IN SPL.C.NO.172/2024 PASSED BY THE HONBEL LXX ADDL.CITY CIVIL AND SESSIONS AND SPL.JUDGE AT BENGALURU AND ENLARGE THE APPELLANT ON REGULAR BAIL IN CR.NO.474/2023 IN SPL.C.NO.172/2024 OF BYATARAYANAPRUA POLICE FOR THE OFFENCE P/U/S 120(B),143,147,148,302,201,212 R/W 149 OF IPC AND UNDER SEC.3(2)(v) OF SC/ST (POA) ACT PENDING ON THE FILE OF THE LXX ADDL.CITY CIVIL AND SESSIONS JUDGE AND SPL.JUDGE AT BENGALURU CITY.
IN CRL.A NO. 1483/2024
BETWEEN:
SRI PRASHANTH @ APPU S/O LATE RAVIKUMAR, AGED ABOUT 24 YEARS, R/AT.NO.26, 3RD CROSS, SANJAY NAGARA SLAM, NEAR MUTTUMAREMMA TEMPLE, KASTURIBHA NAGARA MAYSORE ROAD, BENGAURU CITY, KARNATAKA 560026.
...APPELLANT
(BY SRI. NARAYANASWAMY K N.,ADVOCATE)
AND:
HIGH COURT OF KARNATAKA, HIGH COURT BUILDINGS, BANGALORE.-560001.
...RESPONDENTS
(BY SRI.RANGASWAMY R., HCGP FOR R1 & R2 SERVED)
THIS CRL.A IS WFILED U/S 14(A)(2) OF SC/ST (POA) ACT PRAYING TO SET ASIDE THE ORDER DATED 28.03.2024 IN SPL.C.NO.172/2024 PASSED BY THE HONBEL LXX ADDL.CITY CIVIL AND SESSIONS AND SPL.JUDGE AT BENGALURU AND ENLARGE THE APPELLANT ON REGULAR BAIL IN CR.NO.474/2023 IN SPL.C.NO.172/2024 OF BYATARAYANAPRUA POLICE FOR THE OFFENCE P/U/S 120(B),143,147,148,302,201,212 R/W 149 OF IPC AND UNDER SEC.3(2)(v) OF SC/ST (POA) ACT PENDING ON THE FILE OF THE LXX ADDL.CITY CIVIL AND SESSIONS JUDGE AND SPL.JUDGE AT BENGALURU (CCH71).
THESE APPEALS, COMING ON FOR ADMISSION, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ
ORAL JUDGMENT
Heard the learned counsel for the appellants and learned High Court Government Pleader for the State. Perused the material on record.
account of previous enmity, on 05.12.2023 at about
10pm, near Manoj Cargo, 3rd Cross, New Timber yard Layout, Mysore Road, all the accused forming an unlawful assembly, armed with deadly weapons, came in different motor cycles and assaulted the deceased with weapons they were carrying, and committed his murder.
A perusal of the complaint averments reveal that the incident took place at about 10pm in the night and on
seeing the accused persons attacking the deceased with deadly weapons, the complainant and others ran away from the spot.
said weapons and blood stained clothes have been recovered at their instance and therefore, there is prima facie case against them. He contended that if the appellants are granted bail, there is threat to the prosecution witnesses.
of the accused are not mentioned in the FIR. The complainant, CWs.11 to 13 are said to be the eye witnesses. According to them, several accused came to the spot armed with weapons and assaulted the deceased and being scared, they ran away from the spot. When they returned to the spot they saw the deceased lying dead in a pool of blood.
recorded after the arrest of the appellants, however, they have not identified the appellants as the assailants. No Test Identification Parade has been conducted.
Similarly placed accused No.4 has been enlarged on bail
by this Court in Criminal Appeal No.1280/2024 vide order dated 23.08.2024.
submits that the appellants will offer sufficient surety to ensure their regular attendance before the trial Court.
imposing conditions, bail can be granted to the appellants. Accordingly, the following
ORDER
i. Appeals are allowed.
ii. Orders dated 20.07.2024 and 28.03.2024 passed in Spl.CC No.172/2024 by the LXX Addl. City and Civil and Sessions & Spl. Judge, Bengaluru are hereby set aside.
NC: 2024:KHC:37699 CRL.A No. 1494 of 2024 C/W CRL.A No. 1483 of 2024
iii. Appellants/accused Nos.3 and 9 in
Spl.CC No.172/2024 pending on the file of the LXX Additional City and Civil and Sessions & Spl. Judge, Bengaluru [Crime No.474/2023 of Byatarayanapura Police Station, Bengaluru] shall be enlarged on bail subject to the following conditions:
[a] The appellants 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.
[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.
NC: 2024:KHC:37699 CRL.A No. 1494 of 2024 C/W CRL.A No. 1483 of 2024
[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
NV
1 issue framed by the court
Whether accused Nos.3 and 9 should be enlarged on regular bail where eye witnesses did not identify them and no Test Identification Parade was conducted.
3 provisions across 3 enactments
Vasanth Kumar
Prashanth @ Appu
The State of Karnataka Byatarayanapura Police Station
Sathish G
Mohammad Nawaz
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
