Dileep @ Lakkasandra Dileep @ Dileep Kumar Vs State of Karnataka

DILEEP @ LAKKASANDRA DILEEP @ DILEEP KUMAR S/O SOMASHEKHAR, AGED ABOUT 27 YEARS, R/W NO.278, NEAR BSNL OFFICE, 27TH CROSS, BTM LAYOUT 2ND STAGE, BENGALURU CITY.

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…APPELLANT

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(BY SRI.N.PADMAVATHI, ADVOCATE)

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AND:

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STATE OF KARNATAKA BY ADUGODI POLICE STATION, BENGALURU-560030. REPRESENTED BY STATE PUBLIC PROSECUTOR. HIGH COURT OF KARNTAKA, BENGALURU-560001.

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Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka

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MURALIDAR S/O VENUGOPAL, AGED ABOUT 44 YEARS, NO.7/17, 15TH CROSS, SUBARAJU LAYOUT, LAKASANDRA, BANGALORE-560030.

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…RESPONDENTS

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(BY SMT.RASHMI PATEL, HCGP FOR RI; R2 SERVED)

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THIS CRIMINAL APPEAL IS FILED U/S.14(A) (2) OF SC/ST (POA) ACT, 2015 PRAYING SET ASIDE THE ORDER DATED 16.05.2025 PASSED BY THE LEARNED LXX ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-71) IN SPL.C.NO.756/2024 AND ALLOW THIS APPEAL AND ENLARGE THE APPELLANT/ACCUSED NO.2 ON BAIL IN SPL.C.NO.756/2024 BEFORE THE LXX ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-71) FOR THE OFFENCE P/US/ 109,120-B,143,147,148,302 R/W SEC.149,201, 212 AND 37 OF IPC AND SEC.25(1B)(B) OF THE ARMS ACT AND SEC.3(2)(v) OF SC/ST (POA) ACT 1989 AND ETC.

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NC: 2025:KHC:30021 CRL.A No. 1234 of 2025

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HC-KAR

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THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE S RACHAIAH

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ORAL JUDGMENT

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The appellant who is arraigned as accused No.2 in Crime No.369/2024 of the respondent - Police is before this Court seeking regular bail for the offences punishable under Sections 120B, 109, 143, 147, 148, 302 r/w 149, 201, 212, 37 of Indian Penal Code (for short “IPC”), Section 25(1B)(B) of the Arms Act and Sections 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short ‘SC/ST (POA) Act’) and seeking to set aside the order dated 16.05.2025 passed in Spl.Case No.756/2024 by the LXX Additional City Civil and Sessions Judge, Bengaluru (CCH-71).

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Factual matrix of the case:

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It is the case of the prosecution that, on 24.12.2023 at about 7.20 p.m., as per the complaint averments, the brother of the deceased was standing near Lakkasandra

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HC-KAR

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with Hanumanth Rao. At about 6.30 p.m., Sharath alias Puliyogre and five of his friends holding choppers and longs in their hands came in two-wheelers and attacked the deceased Jayaprakash, the brother of the complainant. The deceased Jayaprakash ran inside the Vijay Sagar Hotel to save his life. All the six accused ran behind him and assaulted him with deadly weapons, committed his murder and fled away from the spot by taking their vehicles. Based on the said information, the complainant lodged a complaint before the respondent police. The respondent police have registered a case in Crime No.369/2023. After conducting the investigation, submitted the charge sheet.

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Heard Smt.N.Padmavathi, learned counsel for the appellant and Smt.Rashmi Patel, learned High Court Government Pleader for respondent No.2. Respondent No.2 is served and unrepresented.

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It is the submission of learned counsel for the appellant that a complaint was lodged by one Murali S/o Venugopal stating that, six persons including one Sharath alias Puliyogere and five unnamed accomplices armed with

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HC-KAR

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choppers and longs, assaulted indiscriminately and caused the death of the deceased. The entire allegation is based on the statement of one of the accused. The name of the present appellant was not mentioned in the First Information Report or in the remand application. Therefore, the appellant may be enlarged on bail by imposing suitable conditions and he will abide the conditions imposed by this Court in the event of his release on bail. Making such submissions, the learned counsel for the appellant prays to allow the appeal.

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Per contra, the learned HCGP for respondent No.1 opposed the said submissions and she further submitted that there were no antecedents against the appellant, however, the appellant has committed heinous offence by joining hands with others. Therefore, it is not appropriate to grant him bail. Making such submissions, learned HCGP for respondent No.1 prays to dismiss the appeal.

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Heard the learned counsel for the respective parties and also perused the averments of the charge sheet. It appears from the record that, accused Nos.1 to 12 stated to have assaulted the deceased at Lakkasandra Main

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HC-KAR

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Road on 24.12.2023 in respect of past ill-will. The allegation made against accused No.2 is that, after the incident, he assisted the other accused in concealing the vehicle used for the commission of the offence. Though there are allegations made against accused No.2 that he was present at the spot, no particular overt-act has been attributed in the charge sheet against him. Having considered the same, it is appropriate to grant him bail by imposing suitable conditions.

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Hence, I proceed to pass the following:

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ORDER

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i) The Criminal Appeal is allowed.

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ii) The order dated 16.05.2025 passed in Spl.Case No.756/2024 by the learned LXX Additional City Civil and Sessions Judge and Special Judge at Bengaluru is set aside.

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iii) The appellant / accused No.2 is ordered to be enlarged on bail in Crime No.369/2023 of respondent-police, on executing a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety for the likesum to the

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NC: 2025:KHC:30021 CRL.A No. 1234 of 2025

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