The High Court of Karnataka allowed the criminal appeal, setting aside the lower court's bail rejection for the appellant accused. The court found no serious overt act against him compared to other accused and granted bail.
Impugned bail rejection order set aside; appellant released on bail executed by personal bond of Rs.1,00,000 with one surety.
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:43792 CRL.A No. 1666 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL No. 1666 OF 2024
BETWEEN:
KIRAN @ BEGGAR AGED ABOUT 20 YEARS CHAMUNDESHWARI CHIKEN CENTER VIDHYANAGAR, MYSORE CITY KARNATAKA – 570 029.
…APPELLANT
(BY SRI AKSHAY KOLLE, ADVOCATE)
AND:
Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA
REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA HIGH COURT BUILDING BENGALURU – 560 001.
W/O LATE B M DORESWAMY AGED ABOUT 71 YEARS R/AT No.210, 6TH CROSS VIDYANAGAR, NAZARBAD MOHALLA MYSORE – 570 029.
…RESPONDENTS
(BY SRI A VENKAT SATHYANARAYAN, HCGP FOR R1 R2 SERVED AND UNREPRESENTED)
THIS CRL.A IS FILED UNDER SECTION 14(A)(2) OF SC/ST (POA) PRAYING TO SET ASIDE THE REJECTION OF BAIL APPLICATION FILED BY THE APPELLANT UNDER SECTION 439 OF Cr.P.C. VIDE ORDER DATED 01.04.2024 BY THE VI ADDITIONAL DISTRICT AND SPECIAL JUDGE, MYSURU IN SPECIAL CASE No.690/2023 ARISING OUT OF CR.No.90/2023 REGISTERED AT NAZARBAD P.S., MYSORE DISTRICT, PRODUCED AT ANNEXURE-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
set aside the order dated 01.04.2024 passed in Spl.C. No. 690/2023 by VI Additional District and Special Judge, Mysuru, whereunder the bail application of this appellant - accused No. 3 sought in respect of crime No.90/2023 of Nazarabad Police Station registered for offence punishable under Sections 341, 302, 201 read with Section 34 of IPC and Section 3(2)(v-a) of Scheduled Castes Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter for the sake of brevity referred to as the SC ST (POA) Act’) came to be rejected.
accused No. 3 and learned HCGP for respondent No. 1 – State. Inspite of service of notice respondent No. 2 remained absent and unrepresented.
accused No.1 made phone call to his father – accused No. 4 and informed him that the deceased – Balaraj was abusing him in filthy language. Accused No. 4 came to the main road of Vidyanagar and when the deceased – Balraj was going on the said road, accused Nos.1 to 3 were following him and at that time, accused No. 1 told his father – accused No. 4 to catch hold of the deceased – Balaraj and accused No. 4 caught hold of the deceased – Balaraj and at that time accused No. 1 quarreled with the deceased – Balaraj and took knife which was with accused No. 2 and slashed on the neck of the deceased and caused injury. When the deceased was running to escape from them, at that time this accused No. 3 held the leg of the deceased and made him to fall and at that time, accused No.2 took knife from accused No.1 and assaulted with the said knife on right rib of deceased – Balaraj. Thereafter, when the deceased – Balaraj tried to escape, accused Nos. 2 and 3 made him to fall and at that time again accused No.2 assaulted the deceased on his leg and other parts with knife. The deceased succumbed to the injuries
sustained. Appellant - accused No. 3 who was arrested on 20.08.2023 is in judicial custody and had filed bail application along with accused No. 2 and the same came to be rejected by the impugned order. Said order has been challenged in this appeal.
appellant - accused No. 3 made the deceased – Balaraj to fall by pulling his leg and facilitated accused Nos. 1 and 2
NC: 2024:KHC:43792 CRL.A No. 1666 of 2024
to assault him with knife. C.W.2 and C.W.3 are eye witnesses to the incident. Charge sheet material show prima facie case against this appellant - accused No. 3 and other accused. With this he prayed to dismiss the appeal.
this Court has perused the impugned order and charge sheet material.
NC: 2024:KHC:43792 CRL.A No. 1666 of 2024
made out grounds for setting aside the impugned order and grant of bail.
The appeal is allowed. The impugned order dated 01.04.2024 passed in Spl.C. No. 690/2023 by VI Additional District and Special Judge, Mysuru, is set aside insofar as appellant - accused No. 3 is concerned. Consequently, the bail application filed by appellant - accused No.3 is allowed and he is ordered to be released on bail in crime No. 90/2023 of Nazarabad Police Station (pending in Spl.C. No. 690/2023) subject to following conditions:
iii. The appellant - accused No. 3 shall appear before the
trial Court on all dates of hearing, unless exempted
and cooperate in speedy disposal of the case.
Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE
LRS
List No.: 1 Sl No.: 10
1 issue framed by the court
Whether to allow the criminal appeal filed by the appellant accused to set aside the rejection of his bail application.
2 provisions across 2 enactments
KIRAN @ BEGGAR
STATE OF KARNATAKA
BHANUMATI M
SHIVASHANKAR AMARANNAVAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
