Sri. Deepak @ Deepu Vs the State by Kaggalipura P.S

THIS CRL.A IS FILED U/S 14A(2) OF SC AND ST (POA) ACT PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.244/2021, REGISTERED AS SPL.C.C.NO.70/2022, BY KAGGALIPURA POLICE, FOR THE OFFENCE P/U/S 323, 326,

¶18

2 - NC: 2025:KHC:45400 CRL.A No. 1549 of 2023

¶19

HC-KAR

¶20

504, 506 R/W 34 OF IPC AND SEC. 3(1)(r)(s), (2)(va) OF SC/ST (POA) WHICH IS PENDING BEFORE THE HONBLE II ADDL. DISTRICT AND SESSIONS JUDGE AND SPECIAL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU.

¶21

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

¶22

CORAM: HON'BLE MR. JUSTICE G BASAVARAJA

¶23

ORAL JUDGMENT

¶24

The appellant has preferred this appeal against the order passed by the 2^nd Additional District & Sessions Judge And Special Judge, Bengaluru Rural District, Bengaluru, in Criminal Misc. No.1845/2022, dated 08.11.2022.

¶25

The brief facts leading to this appeal are that - on the basis of the complaint filed by Smt.Sangeetha, Kaggalipura Police have registered a case in Crime No.224/2021, against accused Nos.1 to 4, among them the present appellant is accused No.4, for the offences punishable under Sections-323, 324, 326, 504, 506 read with Section-34 IPC and Section-3(1)(r), 3(1)(s), 3(2)(v)

¶26

3 - NC: 2025:KHC:45400 CRL.A No. 1549 of 2023

¶27

HC-KAR

¶28

of SC/ST (POA) Amendment Act, 2015. A bail application was filed under Section-438 of Cr.P.C., and the same was rejected. Being aggrieved by this order, the appellant has preferred this appeal.

¶29

It is submitted by the learned counsel for the appellant that the appellant belongs to Scheduled Caste. Hence, the penal provisions pertaining to SC/ST (POA) Act, 1989 are not applicable to the case. Investigating Officer has already submitted the charge-sheet against the accused for the offence under Sections-323, 324, 326, 504, 506 read with Section-34 IPC and Section-3(1)(r), 3(1)(s), 3(2)(v) of SC/ST (POA) Amendment Act, 2015. The memo along with the Caste Certificate of the present appellant, viz., Sri.Deepak son of Sri.Madaiah, issued by the Tahsildar, Kanakpura Taluk reveals that Sri.Deepak.M belongs to Scheduled Caste (Adi-Karnataka). Therefore, the penal provisions of SC/ST (POA) Act, 1989 are not applicable to the present appellant.

¶30

4 - NC: 2025:KHC:45400 CRL.A No. 1549 of 2023

¶31

HC-KAR

¶32

It is submitted that the present appellant has not committed murder of accused no.1. In this regard, a case is registered in S.C.No.54/2023. Further, he would submit that the Wound Certificate of the injured reveals that the injuries are only simple in nature. Since the appellant belongs to the Scheduled Caste (Adi-Karnataka), the penal provisions of SC/ST (POA) Act, 1989 are not applicable to the appellant. Rest of the offences are not punishable with death or imprisonment for life. The alleged commission of offence under Section-326 of Cr.P.C. is also not applicable as the injured sustained only simple injuries. Though the proclamation is issued by the trial Court, till this day the Investigating Officer is unable to secure the accused, for the reasons best known to him.

¶33

The prosecution has not placed any materials to show that the Investigating Officer has taken any coercive steps to secure the accused. Even the Investigating Officer has not issued Notice under Section-41A of Cr.P.C. The

¶34

5 -

¶35

NC: 2025:KHC:45400 CRL.A No. 1549 of 2023

¶36

HC-KAR

¶37

conduct of the Investigating Officer reveals that the Investigating Officer is not ready to arrest this accused.

¶38

Hence, I proceed to pass the following:

¶39

ORDER

¶40

i) Appeal is allowed.

¶41

ii) The order passed by the 2^nd Additional District and Sessions Judge And Special Judge, Bengaluru Rural District, Bengaluru, in Criminal Misc. No.1845/2022, dated 08.11.2022, is setaside.

¶42

iii) Consequently, application filed under Section 438 of Cr.P.C. is allowed.

¶43

iv) The accused shall be released on bail on executing a self-bond of Rs.1,00,000/- with one surety for like sum to the satisfaction of the trial Court in Special Case No.70/2022 is the file of the 2^nd Additional District and Sessions Judge

¶44