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Nagesh Vs State of Karnataka — Murder and Culpable Homicide | Karnataka HC (2025)

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Karnataka HC
2025
Nagesh Vs State of KarnatakaNagesh v. State of Karnataka

Dismissed¶31

Nagesh v. State of Karnataka

Karnataka HC9 Apr 2025CRL.A/638/2025

Case brief

AI extract

What is this about?

Bail-related criminal appeal dismissed as withdrawn (CRL.A No. 638 of 2025, High Court of Karnataka, 09.04.2025, H.P. Sandesh J.). Appellant/A2 Nagesh sought release on bail in Spl.C.No.06/2025 (arising out of Cr.No.226/2024, Ramanagara P.S.; offences under Sections 115(2), 118(1), 103(1), 126(2), 352, 351(2), 3(5) BNS 2023 and Section 3(2)(v) SC and ST (POA) Amendment Act, 2015) by setting aside the order dated 03.03.2025 in Crl.Misc. No.100/2025 of the I Addl. District and Sessions Judge, Ramanagara. Counsel filed a memo to withdraw the appeal, the appellant intending to approach the Sessions Court after filing of the charge-sheet; memo taken on record; appeal dismissed as withdrawn. Keywords: Section 14A(2) SC/ST (POA) Act; bail; withdrawal of appeal; memo; charge-sheet; Ramanagara; BNS 2023.

What did the court decide?

The memo filed by learned counsel for the appellant seeking permission to withdraw the criminal appeal was taken on record.

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the appellant (accused No.2) should be released on bail in Spl.C.No.06/2025 by setting aside the order dated 03.03.2025 passed in Crl.Misc. No.100/2025 by the I Addl. District and Sessions Judge, Ramanagara.

Ratio / Principle

The memo filed by learned counsel for the appellant seeking permission to withdraw the criminal appeal was taken on record.

Key takeaways

The criminal appeal is dismissed as withdrawn.ratio¶31

Detailed headnote1 paragraphs

Criminal Appeal No. 638 of 2025 (NC: 2025:KHC:15168), filed under Section 14A(2) of the SC and ST (POA) Act by accused No. 2, Nagesh, praying to set aside the order dated 03.03.2025 passed in Crl.Misc. No.100/2025 by the I Addl. District and Sessions Judge at Ramanagara (Annexure-D) and to release him on bail in Spl.C.No.06/2025, arising out of Cr.No.226/2024 of Ramanagara P.S., for offences punishable under Sections 115(2), 118(1), 103(1), 126(2), 352, 351(2) and 3(5) of the BNS, 2023 and Section 3(2)(v) of the SC and ST (POA) Amendment Act, 2015. Before adjudication on merits, learned counsel for the appellant filed a memo seeking permission to withdraw the appeal, stating that the appellant intends to approach the Sessions Court after filing of the charge-sheet. The memo was taken on record and the criminal appeal was dismissed as withdrawn (H.P. Sandesh, J., 09.04.2025). No point on merits was decided and no precedent was cited.

A

1 - NC: 2025:KHC:15168 CRL.A No. 638 of 2025

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 9^TH DAY OF APRIL, 2025

BEFORE

THE HON'BLE MR JUSTICE H.P.SANDESH

CRIMINAL APPEAL NO. 638 OF 2025

BETWEEN:

NAGESH S/O. NAGAMAHADEVAPPA AGED ABOUT 42 YEARS RESIDING AT CHIKKENAHALLI VILLAGE KAILANCHA HOBLI RAMANAGARA TALUK AND DISTRICT–562 159.

…APPELLANT

(BY SRI. SUNIL KUMAR PATEL, ADVOCATE)

AND:

STATE OF KARNATAKA BY RAMANAGARA RURAL POLICE

Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA

RAMANAGARA – 562 159 REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU-562 159.

K. JEEVAN S/O. KENCHEGOWDA AGED ABOUT 22 YEARS R/AT NO.9, 1^ST MAIN ROAD NEAR AMBAMAHESHWARI TEMPLE KAMAKSHIPALYA BENGALURU-560 079.

S. LIKITH S/O. SRIDHARMURTHY AGED ABOUT 21 YEARS

2 - NC: 2025:KHC:15168 CRL.A No. 638 of 2025

R/AT. NO.13, BRI COLONY AGRAHALA DASARAHALLI BENGALURU-560 079.

V. RAMACHANDRAPPA S/O. VEERAPPA AGED ABOUT 54 YEARS R/AT NO.351, 5^TH MAIN ROAD 2^ND STAGE, 3^RD BLOCK BASAVESHWARA NAGAR BENGALURU-560 079.

…RESPONDENTS

(BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1)

THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14A(2) OF SC AND ST (POA) ACT, PRAYING TO SET ASIDE THE ORDER DATED 03.03.2025, PASSED IN CRL.MISC. NO.100/2025, BY THE I ADDL. DISTRICT AND SESSIONS JUDGE AT RAMANAGARA VIDE ANNEXURE-D, BY ALLOWING THIS APPEAL AND TO RELEASE THE APPELLANT/A2 ON BAIL, IN SPL.C.NO.06/2025(ARISING OUT OF CR.NO.226/2024), REGISTERED BY RAMANAGARA P.S. FOR THE OFFENCES PUNISHABLE UNDER /SECTIONS 115(2), 118(1), 103(1), 126(2), 352, 351(2), 3(5) OF THE BNS, 2023 AND SECTION 3(2)(v) OF THE SC AND ST (POA) AMENDMENT ACT, 2015, WHICH IS NOW PENDING ON THE FILE OF THE I ADDL. DISTRICT AND SESSIONS JUDGE AT RAMANAGARA.

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

CORAM: HON'BLE MR. JUSTICE H.P.SANDESH

ORAL JUDGMENT

Learned counsel for the appellant has filed a memo seeking permission of this Court to withdraw the criminal

NC: 2025:KHC:15168 CRL.A No. 638 of 2025

3 -

appeal stating that the appellant intends to approach the Sessions Court after filing of the charge-sheet.

The memo is taken on record.

Accordingly, the criminal appeal is dismissed as

withdrawn.

Sd/(H.P.SANDESH) JUDGE

ST

List No.: 1 Sl No.: 15

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the appellant (accused No.2) should be released on bail in Spl.C.No.06/2025 by setting aside the order dated 03.03.2025 passed in Crl.Misc. No.100/2025 by the I Addl. District and Sessions Judge, Ramanagara.¶22

Statutes considered

9 provisions across 3 enactments

AI extract

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act14A(2)¶22
Bharatiya Nyaya Sanhita, 2023115(2)¶22 118(1)¶22 103(1)¶22 126(2)¶22 352¶22 351(2)¶22 3(5)¶22
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 20153(2)(v)¶22

Procedural history

How this case reached the court

AI extract

Order under challenge
Order dated 03.03.2025 passed in Crl.Misc. No.100/2025 by the I Addl. District and Sessions Judge at Ramanagara (Annexure-D), sought to be set aside so as to release the appellant/A2 on bail.¶22
I Addl. District and Sessions Judge at Ramanagara · 03.03.2025
Prior proceeding
Spl.C.No.06/2025, arising out of Cr.No.226/2024 registered by Ramanagara P.S., pending before the I Addl. District and Sessions Judge at Ramanagara, for offences punishable under Sections 115(2), 118(1), 103(1), 126(2), 352, 351(2), 3(5) of the BNS, 2023 and Section 3(2)(v) of the SC and ST (POA) Amendment Act, 2015.¶22
Prior proceeding
The appeal prayed for release of the appellant (arrayed as A2) on bail in Spl.C.No.06/2025 by allowing the appeal.¶22

Parties & counsel

AI extract

appellant
Nagesh S/o. Nagamahadevappa¶8
Sunil Kumar Patel
respondent
State of Karnataka by Ramanagara Rural Police, represented by the SPP, High Court of Karnataka¶12
Rashmi Jadhav
respondent
K. Jeevan S/o. Kenchegowda¶15
respondent
S. Likith S/o. Sridharmurthy¶16
respondent
V. Ramachandrappa S/o. Veerappa¶19

Coram

AI extract

H.P. Sandeshauthor¶24

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 9 Apr 2025 · April
Registered: 21 Mar 2025
Case no.: CRL.A/638/2025
CNR: KAHC010184782025
Topic: Murder and Culpable Homicide
Bench: H.p.sandesh
Disposal: DISMISSED
Case type: CRL.A

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Cite this judgement

Nagesh v. State of Karnataka, CRL.A/638/2025 (KA), decided on 9 April 2025.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes9

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act14A(2)
Bharatiya Nyaya Sanhita, 2023115(2) · 118(1) · 103(1) · 126(2) · 352 · 351(2) · 3(5)
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 20153(2)(v)

View all statutes

Procedural history3

Order dated 03.03.2025 passed in Crl.Misc. No.100/2025 by the I Addl. District and Sessions Judge at Ramanagara (Annexure-D), sought to be set aside so as to release the appellant/A2 on bail.I Addl. District and Sessions Judge at Ramanagara · 03.03.2025
Spl.C.No.06/2025, arising out of Cr.No.226/2024 registered by Ramanagara P.S., pending before the I Addl. District and Sessions Judge at Ramanagara, for offences punishable under Sections 115(2), 118(1), 103(1), 126(2), 352, 351(2), 3(5) of the BNS, 2023 and Section 3(2)(v) of the SC and ST (POA) Amendment Act, 2015.
The appeal prayed for release of the appellant (arrayed as A2) on bail in Spl.C.No.06/2025 by allowing the appeal.

View full history

Bench / Coram

H.P. Sandesh

Parties & counsel