Maruthi a Vs State of Karnataka

MARUTHI A S/O. ANJINAPPA AGED ABOUT 31 YEARS, RESIDING AT NO. 77, KACHOHALLI VILLAGE, NEAR BUS STOP, DASANAPURA HOBLI, BENGALURU NORTH TALUK-560091 (NOW IN JUDICIAL CUSTODY)

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…APPELLANT

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(BY SRI.K.R.NAGARAJA, ADVOCATE FOR SRI. SATEESHA B M, ADVOCATE)

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AND:

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Digitally signed by HEMALATHA A

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Location: HIGH COURTOF KARNATAKA

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STATE OF KARNATAKA BY THALAGHATTAPURA PS BENGALURU.

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REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU-01.

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KIRAN.S S/O. SANNAPPA AGED ABOUT 35 YEARS, RESIDING AT NAGARAJANNA VATARA, BEHIND GOVERNMENT SCHOOL, VAJARAHALLI, THALAGHATTAPURA POST, BENGALURU-560109

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…RESPONDENTS (BY SRI.RANGASWAMY.R, HCGP FOR R1; R2 SERVED)

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2 -

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NC: 2025:KHC:43427 CRL.A No. 1209 of 2025

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HC-KAR

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THIS CRL.A. IS FILED U/S.14(A) (2) OF SC/ST (POA) ACT, 2015 BY THE ADVOCATE FOR THE APPELLANT/S PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN CRIME NO.139/2025 OF THALAGHATTAPURA POLICE STATION FOR THE ALLEGED OFFENCE P/UNDER SECTION 109, 111(2), 127(2), 133, 137(2), 190, 310(2) OF BNS AND SEC.27,7 OF ARMS ACT AND SEC.3(2)(v) OF SC/ST (POA) ACT PENDING ON THE FILE OF THE HONBLE II ADDL. DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT AT BENGALURU.

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THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA

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ORAL JUDGMENT

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The appellant/accused No.5 has preferred this appeal against the order passed by the II Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru, in Criminal Miscellaneous No.806/2025 dated 17.05.2025.

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The brief facts leading to this appeal are that on the basis of the complaint lodged by one Kiran.S. s/o of Sannappa, the Thalaghattapura Police have registered the case in Crime No.139/2025 against the accused Nos.1 and 2 and others (not known) for the commission of offences punishable under Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989;

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3 - NC: 2025:KHC:43427 CRL.A No. 1209 of 2025

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HC-KAR

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Sections 7 and 27 of the Arms Act, 1959; Sections 109, 111(2), 127(2), 133, 137(2), 190, 310(2) of the Bharatiya Nyaya Sanhita, 2023. The accused No.5 is arrested by the police on 16.04.2025 and remanded to judicial custody. Till this day, the said accused is in judicial custody. In the meanwhile, an application i.e., Crl.Misc.No.806/2025 was filed under Section 483 of BNSS, 2023 for regular bail and the same came to be rejected by the Trial Court by order dated 17.05.2025. Being aggrieved by the said order, the appellant/accused No. 5 has preferred this appeal.

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The learned counsel for the appellant-accused No.5 would submit that the name of the accused No.5 was not shown in the FIR. Only in the course of investigation, the accused No.5 has been falsely implicated. There are no materials against the accused No.5 to attract the alleged commission of offences. The accused No.5 is not required for further investigation as the Investigating Officer has already submitted the charge sheet against the accused. Further, he would submit that this Court has already

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4 - NC: 2025:KHC:43427 CRL.A No. 1209 of 2025

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HC-KAR

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granted bail to the accused No.2, Dilip Kumar.B.H. in Criminal Appeal No.1219/2025 dated 27.06.2025 and also to accused Nos.3 and 4, namely, Nuthan Prasad.N and Chandrasekhar in Criminal Appeal No.1596/2025 dated 26.09.2025.

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I have examined the materials placed before this Court.

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It is submitted that the charge sheet has been already filed against the accused No.5 and the said accused is not required for further investigation. The coordinate Bench of this court has already granted bail to the

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accused Nos.2, 3 and 4, namely, Dilip Kumar.B.H., Mr.Nuthan Prasad.N and Chandrasekhar. Hence, in view of principles of parity, this appellant/accused No.5 is also entitled for bail.

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Accordingly, I proceed to pass the following order:

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ORDER

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a) Criminal Appeal is allowed.

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NC: 2025:KHC:43427 CRL.A No. 1209 of 2025

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HC-KAR

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b) The impugned order dated 17.05.2025 passed in Criminal Miscellaneous No.806/2025, is hereby set aside.

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c) Consequently, the bail application filed by the appellant under Section 483 of BNSS, is allowed.

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d) The appellant shall be released on bail on executing a self bond of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court.

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e) The appellant shall not threaten or tamper the prosecution case in any manner.

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f) The appellant shall appear before the trial Court on all the dates of the hearing. g) The appellant shall not leave the jurisdiction of the Trial Court till the disposal of the case without prior permission from the trial Court.

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Sd/(G BASAVARAJA) JUDGE

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DM

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List No.: 1 Sl No.: 52

Maruthi a v. State of Karnataka

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Maruthi a v. State of Karnataka

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