Anil Kumar @ Anil Mogambo Vs the State of Karnataka

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1 - NC: 2025:KHC:30483 CRL.A No. 1545 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^TH DAY OF AUGUST, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL APPEAL NO. 1545 OF 2025 (U/S 14(A) (2))

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BETWEEN:

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ANIL KUMAR @ ANIL MOGAMBO S/O. RAMAPPA AGED ABOUT 26 YEARS R/AT PILEKAMMA TEMPLE NEAR DEFINER APARTMENT BIDARAHALLI HOBLI MARAGONDANAHALLI VILLAGE BENGALURU -560 049

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…APPELLANT

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(BY SRI. VEERANNA G. TIGADI, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA BY AVALAHALLI P.S. REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560 001

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

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ROOPA. V W/O. G.VENKATESH @ KULLA VENKATESH AGED ABOUT 42 YEARS NO.244, 3^RD MAIN 2^ND CROSS BHOVI COLONY RAMMURTHY NAGAR BENGALURU – 560 016 …RESPONDENTS

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(BY SMT WAHEEDA M.M., HCGP FOR R1; NOTICE TO R2 IS D/W V/D DATED 06.08.2025)

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THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14(A)(2) OF SC/ST (POA) ACT, 2015 PRAYING TO SET ASIDE THE ORDER DATED 18.07.2025 IN SPL.C.NO.5/2022 PASSED BY THE HONBLE COURT OF II ADDL. DISTRICT AND SESSIONS JUDGE AND SPECIAL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU (CR.NO.257/2021) OF AVALAHALLI POLICE STATION FOR THE ALLEGED OFFENCES P/U/S 341, 302, 143, 120B, 147, 148 READ WITH 149 OF IPC AND SEC. 3(1)(R)(S), 5a OF SC/ST 2014.

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NC: 2025:KHC:30483 CRL.A No. 1545 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: 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.1 in Crime No.257/2021 of the respondent - Police is before this Court seeking regular bail for the offences punishable under Sections 341, 302, 143, 120(B), 147, 148 r/w 149 of Indian Penal Code (for short “IPC”) and Sections 3(1)(r)(s), 5-A 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 18.07.2025 passed in Spl.Case No.5/2022 by the II Additional District and Sessions Judge and Special Judge, Bengaluru Rural District.

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Factual matrix of the case:

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It is the case of the prosecution that, on 25.09.2021 at about 10.35 a.m., the deceased was proceeding on his Honda Deo Scooter bearing its registration No.KA-53-EF3934 towards Maragondanahalli from Anandapura. The accused Nos.1, 3, 4 and 5 came in an Auto rickshaw

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NC: 2025:KHC:30483 CRL.A No. 1545 of 2025

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HC-KAR

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bearing its No.KA-03-AD-6730 and the motorcycle bearing its No.KA-55-L-2231 followed the deceased and intercepted him and dashed his motorcycle. Consequently, he fell down on the footpath and he was trying to run away from the spot. By that time, they assaulted him with long, chopper on different parts of the body. Consequently, the deceased died at the spot. A complaint came to be registered against accused Nos.1 to 5. After conducting the investigation, submitted the charge sheet.

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Heard Sri.Veeranna G.Tigadi, learned counsel for the appellant and Smt.Waheeda M.M, learned High Court Government Pleader for respondent No.1.

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It is the submission of learned counsel for the appellant that the appellant is innocent of the alleged offences. He has got valid and tenable defence and he has been falsely implicated in the case. The appellant is the sole bread earner for his family.

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It is further submitted that the allegation in the charge sheet is that accused Nos.1 to 4 have assaulted the deceased and accused Nos.5 and 6 were standing in front

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NC: 2025:KHC:30483 CRL.A No. 1545 of 2025

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HC-KAR

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of the Bar. Except that, there are no allegations against

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the appellant.

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It is further submitted that the entire case has been set up by the prosecution on the basis of a voluntary statement of the accused.

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It is further submitted that, at no point of time the appellant had been to the alleged spot nor he had assaulted the deceased, as the deceased is totally stranger to this appellant. Therefore, the appellant may be enlarged on bail by imposing suitable conditions. Making such submissions, learned counsel for the appellant prays to allow the appeal.

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Per contra, learned High Court Government Pleader for respondent No.1 – State vehemently justified the filing of the charge sheet and also the rejection of the bail by the Trial Court. Hence, the appeal has to be dismissed.

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Heard the learned counsel for the respective parties. The accused No.2 had approached this Court and he was granted bail. Similarly, other accused who were arraigned as accused Nos.3 and 4 have been granted bail. The accused No.1, who is similarly placed, is

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NC: 2025:KHC:30483 CRL.A No. 1545 of 2025

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HC-KAR

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entitled for the relief of bail on parity. Having considered the same, it is appropriate to grant bail to the appellant 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. ii) The order dated 18.07.2025 passed in Spl.Case No.5/2022 by the II Additional District and Sessions Judge and Special Judge, Bengaluru Rural District, is set aside.

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iii) The appellant / accused No.1 is ordered to be enlarged on bail in Crime No.257/2021 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 satisfaction of the Trial Court, subject to the following conditions:

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