Sridhara @ Kenda Vs the State of Karnataka

SMT. SHARADA .V W/O LATE KUMAR, AGED ABOUT 33 YEARS, R/AT MUTHURAYANAGUDI PALYA, BIDADI HOBLI, RAMANAGARA TALUK,, RAMANAGARA DISTRICT-562 109. …RESPONDENTS

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(BY SRI B. LAKSHMAN, HCGP FOR R-1; R-2 SERVED AND UNREPRESENTED)

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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 03.09.2025 PASSED BY THE LEARNED 1^ST ADDL. DISTRICT AND SESSIONS JUDGE, RAMANAGARA, IN CRL.MISC.NO.730/2025,

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NC: 2026:KHC:5701 CRL.A No. 2482 of 2025

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HC-KAR

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DISMISSING THE CRL.MISC.PETITION FILED BY THE APPELLANT UNDER SECTION 439 CRIMINAL PROCEDURE CODE AND CONSEQUENTLY, ALLOW THE APPEAL AND GRANT BAIL TO THE APPELLANT, IN CRIME NO.158/2021 OF BIDADI POLICE FOR OFFENCES P/U/S. 143, 147, 148, 302, 120(B) 212 R/W 149 OF IPC AND 3(2)(va) OF SC/ST (POA) AMENDMENT ACT, 2015, NOW PENDING IN SPL. CASE NO.69/2021 ON THE FILE OF THE LEARNED 1^ST ADDL. DISTRICT AND SESSIONS JUDGE, RAMANAGARA.

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THIS APPEAL COMING ON FOR ORDERS, 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 has preferred this appeal against the impugned order passed by the I Additional District and Sessions Judge, Ramanagara in Crl. Misc. No.730/2025 dated 03.09.2025.

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Brief facts leading to this appeal are that on the basis of the complaint filed by one Smt Sharada, Bidadi Police have registered the case in Crime No.158/2021 against accused Nos.1 to 8 for the commission of offences punishable under Sections 302 and 120B of IPC.

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After investigation, Investigating Officer has

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submitted the charge sheet against accused Nos.1 to 11

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3 - NC: 2026:KHC:5701 CRL.A No. 2482 of 2025

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HC-KAR

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for the commission of offences under Sections 143, 147, 148, 302, 120B, 212, 149 of IPC and Section 3 (2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

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The appellant had filed application under

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Section 439 of Cr.P.C. The same came to be rejected by the Trial Court. Being aggrieved by the same, the appellant has preferred this appeal.

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Learned counsel for the appellant would submit

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that the name of the present appellant does not appear in the FIR and that only after investigation, the Investigating Officer has submitted the charge sheet against him. He would further submit that criminal appeal filed by the present appellant along with accused No.5 was partly allowed and insofar as the present appellant is concerned, the appeal was rejected. The appellant had thereafter preferred an appeal before this Court in Crl. A. No.1303/2023 against the order passed in Crl. Misc.

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NC: 2026:KHC:5701 CRL.A No. 2482 of 2025

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HC-KAR

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No.262/2023 and the same came to be dismissed on 10.11.2023.

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He would further submit that the Co-Ordinate

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Bench of this Court has allowed the appeal filed by the prime accused-Sri Kumar @ Vakala in Crl. A. No.892/2025 dated 06.08.2025. Since the Co-Ordinate Bench of this

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Court has granted bail to the prime accused, the present appellant is also entitled to bail on principle of parity. Further, he would submit that the accused has been in judicial custody for more than four years and on all these grounds, seeks to allow the appeal.

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I have examined the materials placed before this Court. A perusal of the FIR reveals that the name of the present appellant does not find therein. However, during the course of investigation, the Investigating Officer found that the present appellant was involved in the alleged commission of offences and accordingly, filed the charge sheet against him. Accused No.1 has been granted

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5 - NC: 2026:KHC:5701 CRL.A No. 2482 of 2025

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HC-KAR

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bail by the Co-Ordinate Bench of this Court in Crl.A. No.892/2025 dated 06.08.2025. Hence, in view of the principle of parity, it is just and proper to release the present appellant on bail. Accordingly, I proceed to pass the following:

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ORDER

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The appeal is allowed . The impugned order passed by I Additional District and Sessions Judge, Ramanagara in Crl. Misc. No.730/2025 dated 03.09.2025 is set aside. Consequently, the petition filed under Section 439 of Cr.P.C. is allowed with conditions;

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(i) The appellant shall be released on bail on executing a self bond for a sum of ` 1,00,000/(Rupees One lakh only), with one surety for the likesum to the satisfaction of the Trial Court.

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(ii) The appellant shall not tamper or threaten the prosecution witnesses in any manner.

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(iii) The appellant shall appear before the Trial Court on all the dates of hearing without fail and shall co-operate with the trial.

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