Criminal Appeal No. 124 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:7823 CRL.A No. 124 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE K.NATARAJAN CRIMINAL APPEAL NO. 124 OF 2025 (U/S 14(A) (2)-) BETWEEN: RAJARAJAN @ SETU S/O SELVARAJ AGED ABOUT 36 YEARS, R/AT NO-9/14, 12TH CROSS, K.P.AGRAHARA, MAGADI ROAD BENGALURU - 562 123. NATIVE AT VALAJA VILLAGE, AND LIMITS OF POLICE STATION, NEAR V.C. MOTOR, VELLUR DISTRICT, TAMILNADU - 638 182. Digitally signed by VEDAVATHI A K Location: High Court of Karnataka (BY SRI. BASAVARAJU T A., ADVOCATE) AND: 1. STATE OF KARNATAKA BY …APPELLANT
Legal Reasoning
MADANAYAKANAHALLY POLICE STATION, BENGALURU RURAL DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR, PUBLIC PROSECUTOR OFFICE HIGH COURT BUILDING HIGH COURT OF KARNATAKA AMBEDKAR VEEDHI AT BANGALURU - 560 001. - 2 - NC: 2025:KHC:7823 CRL.A No. 124 of 2025
Legal Reasoning
2. SMT. KASTURI W/O LATE EKAMBARAM, AGED ABOUT 72 YEARS, R/AT NO-27, KARTHIK NAGAR, HARIYURU, VELLUR NORTH, ARKAD DISTRICT, TAMILNADU - 632 503. PERMANENT AT NO-22/6, 6TH CROSS, MAGADI ROAD, NEAR KRISHNA BAR, NAGAMMA NAGAR, BENGALURU - 560 023. (BY SMT. N. ANITHA GIRISH, HCGP FOR R1) …RESPONDENTS THIS CRL.A IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT BY THE ADVOCATE FOR THE APPELLANT/S PRAYING TO SET ASIDE THE ORDER DATED:31.08.2024 PASSED IN SPL.C.NO.506/2023 (CR.NO.540/2022) OF MADANAYAKANAHALLY P.S., FOR AN OFFENCE P/U/S 302 R/W 34 OF IPC, U/S 3(2)(V) OF SC/ST (POA) ACT, PENDING ON THE FILE OF HON'BLE II ADDITIONAL DISTRICT AND SESSIONS JUDGE AND SPECIAL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, CONSEQUENTLY ENLARGE THE APPELLANT ON INTERIM BAIL FOR A PERIOD OF 06 MONTHS. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC:7823 CRL.A No. 124 of 2025 CORAM: HON'BLE MR JUSTICE K.NATARAJAN ORAL JUDGMENT This appeal is filed by appellant/accused No.1 under Section U/S 14(A)(2) of SC/ST (POA) Act for setting aside the order passed by the Trial Court in SPL.C.No.506/2023 (Crime No.540/2022) of Madanayakanahally Police station for the offence punishable under Sections 302 read with 34 of IPC and under Section 3(2)(V) of SC/ST (POA) Act, pending on the file of II Additional District and Sessions Judge and Special Judge, Bengaluru Rural District, Bengaluru. 2. Heard learned counsel for the appellant, learned HCGP for the State and learned counsel for respondent No.2. 3. The case of the prosecution is that the appellant/accused No.1 was arrested by the police on the accusation of commission of murder of one Nataraj and he was arrested on 25.11.2022 and he was remanded to the judicial custody. His bail petition previously was rejected by this court. Once again he has approached the Sessions Judge for granting interim bail for medical grounds which came to be rejected. Hence, once again he is before this court. - 4 - NC: 2025:KHC:7823 CRL.A No. 124 of 2025 4. Learned counsel for the accused submits that more than 2 years he is in custody, the trial not yet begun and the charges were not framed. Due to the gun shot, he lost his leg due to gangrene and amputation was done above the knee. He requires further treatment in higher hospital. Therefore, prayed for granting the bail on medical grounds. 5. Per contra, learned HCGP filed objections contending that he is rowdy sheeter, if he is released on bail he may abscond and commit similar offence and threaten the complainant and family members. He is having 8 cases registered against him, he is a rowdy sheeter. Therefore, prayed for rejecting the bail petition. 6. Even respondent No.2 complainant/the wife of the deceased appeared before the court and requested not to grant bail as he already left Bangalore and was staying at parents house, after the commission of the murder. 7. Having heard the arguments and perused the records, admittedly this court already rejected the bail application on merits and trial is not yet begun, as per the order sheet and it is posted for hearing on charges and due to - 5 - NC: 2025:KHC:7823 CRL.A No. 124 of 2025 non production of accused to the Trial Court, the Trial not yet commenced. He is in custody for more 2 years. However, the medical records produced by the appellant reveals his left leg amputated above his knee, the photographs also produced and the doctors also given certificate that still the gangrene is continuing and therefore he may require for further treatment in higher hospital. 8. Considering the facts and circumstances of the case, though this court had rejected the bail application of the accused on merits and the accused is not entitled for bail on merits, but the medical record reveals he is required for further treatment in the higher hospital, outside the government hospital in a specialty hospitals. Therefore, without expressing any opinion on the merits of the case, this court feels, if interim bail shall be granted for 6 months for further treatment no prejudice would cause to the prosecution case. The Trial Court ought to have considered the bail application sympathetically on the medical grounds, irrespective of the merits of the case. Ofcourse he is rowdy sheeter having 8 cases and in 6 cases ended in acquittal. The police were able to chase him only due to gun shot otherwise he could have escaped from the police. - 6 - NC: 2025:KHC:7823 CRL.A No. 124 of 2025 Keeping aside the merits of the case, by imposing certain conditions, if interim bail is granted for limited tenure for the purpose of treatment, the same may not cause prejudice to the prosecution. Hence, the order of the Trial Court requires to be set aside. Accordingly, the order of the Trial Court is set aside. This Criminal appeal is partly allowed. The appellant is released on bail for six months. The appellant/accused No.1 is ordered to be released on bail by the Trial Court in SPL.C.No.506/2023 (Crime No.540/2022) of Madanayakanahally Police station, pending on the file of II Additional District and Sessions Judge and Special Judge, Bengaluru Rural District, Bengaluru, subject to the following conditions: (i) Appellant-accused No.1 shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the trial Court; (ii) Appellant shall not indulge in similar offences strictly, - 7 - NC: 2025:KHC:7823 CRL.A No. 124 of 2025 (iii) Appellant shall not tamper with the prosecution witnesses directly/ indirectly, (iv) Appellant shall not leave the jurisdiction without prior permission of the trial Court, (v) Appellant shall take the trial without causing any delay and (vi) Appellant not leave the jurisdiction of Bangalore except for any further treatment with prior permission of the Trial Court. If any of the conditions are violated, the prosecution is at liberty to cancel the bail. After 6 months the appellant is directed to surrender before the Trial Court Sd/- (K.NATARAJAN) JUDGE AKV List No.: 2 Sl No.: 1 CT:SK