Shrikanth v @ Sri Vs the State of Karnataka

THIS CRL.A IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT PRAYING TO GRANT ANTICIPATORY BAIL DIRECTING THE RESPONDENT POLICE / HONBLE COURT TO ENLARGE HIM ON BAIL IN THE EVENT OF HIS ARREST OR HIS VOLUNTARY SURRENDER BEFORE THE TRIAL COURT IN CR.NO.217/2021 AND SPL.C.NO.56/2023 (ORIGINAL SPL.C.NO.217/2022) FOR THE OFFENCE P/U/S 143, 147, 148, 341, 109, 302, 120(B), 201 R/W 149 OF IPC AND SEC.25 OF ARMS ACT 1959 AND SEC.3(2)(v) OF SC/ST (POA) ACT 1989 REGISTERED BY THE RESPONDENT NO.1/ HENNUR P.S. PENDING ON THE FILE OF HONBLE LXX ADDL.CITY CIVIL AND SESSIONS JUDGE (CCH71) AND SPL.JUDGE, BENGALURU.

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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 G BASAVARAJA

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ORAL JUDGMENT

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The appellant/accused No.9 has preferred this appeal against the order passed by the LXX Additional City Civil and Sessions Judge and Sepcial Judge, Bengaluru (CCH-71) in Crl.Misc.No.1894/2025 dated 06.03.2025 and sought for grant of anticipatory bail directing the respondent-Police/Court to enlarge the appellant/accused No.9 on bail in the event of his arrest or his voluntary surrender before the trial Court in Crime

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NC: 2025:KHC:46155 CRL.A No. 1262 of 2025

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HC-KAR

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No.217/2021 and Spl.Case No.56/2023 (original Spl.Case No.217/2022).

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Perusal of the impugned order dated 06.03.2025 reveals that petition is dismissed for non-compliance of the guidelines issued by the Hon'ble Apex Court in Crl.A.No.303/2025 dated 19.01.2025.

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The learned counsel for the appellant/accused No.9 would submit that, the Hennur Police Station have submitted the charge sheet against accused Nos.1 to 9 for the offence punishable under Sections 143, 147, 148, 341, 109, 302, 120(B), 201 read with 34, 149 of IPC, Section 25 of Arms Act, 1959 and Section 3(2)(v) of SC/ST (Prevention of Atrocities) Act, 1989.

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The present appellant is accused No.9. He was separated from the charge sheet as he has not appeared before the trial Court. The separate case is registered in Special Case No.56/2023. The original case is Spl.Case No.217/2022. After conducting trial, the trial Court has acquitted all the accused 1 to 8 for the alleged commission of offences. The present appellant/accused No.9 is not required for any further

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4 - NC: 2025:KHC:46155 CRL.A No. 1262 of 2025

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HC-KAR

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investigation. The appellant/accused No.9 was suffering from Jaundice and he was taking treatment at Kadri in Andhra Pradesh State. He has no knowledge about the Court proceedings and the same is bonafide and not an intentional one. After noticing the fact about the proceedings, he has appeared before the trial Court and filed Crl.Misc.No.1894/2025 and the same came to be dismissed for non-compliance. Hence, he sought for grant of anticipatory bail.

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To substantiate the argument, learned counsel for appellant/accused No.9 has produced the memo with the copy of the judgment passed in original Spl.Case No.217/2022 on the file of the C/c LXX Additional City Civil and Sessions Judge, Bengaluru dated 14.08.2025.

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I have examined the materials placed before this

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Court.

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A perusal of the judgment passed in original Spl.Case No.217/2022 on the file of the C/c LXX Additional City Civil and Sessions Judge, Bengaluru dated 14.08.2025 reveals that the present appellant is accused No.9-Srikantha. He was split up from the charge sheet and separate case was

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5 - NC: 2025:KHC:46155 CRL.A No. 1262 of 2025

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HC-KAR

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registered against him in Special Case No.56/2023 on the file of

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the LXX Additional City Civil and Sessions Judge, Bengaluru. It is not in dispute that all the accused 1 to 8 are acquitted as per Judgment dated 14.08.2025. Considering the submission made

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by the learned counsel for the appellant/accused No.9, I proceed to pass the following:

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ORDER

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i). The Appeal is allowed .

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ii). The order passed by LXX Additional City Civil and Sessions Judge and Special Judge, Bengaluru (CCH-71) in Crl.Misc.No.1894/2025 dated 06.03.2025 is set aside.

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iii). Anticipatory bail is granted.

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iv). The appellant/accused No.9 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 in Crime No.217/2021 and Special Case No.56/2023.

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v). The appellant/accused No.9 shall appear before the trial Court within 15 days from the date of this order.

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