Criminal Appeal No. 900 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:20593 CRL.A No. 900 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA CRIMINAL APPEAL NO. 900 OF 2025 (U/S 14(A) (2)) BETWEEN: SACHIN T.O. S/O ONKARASWAMY, AGED ABOUT 23 YEARS, R/AT CHOWDESHWARI COLONY, TARIKERE TOWN, CHIKKAMAGALURU DISTRICT - 577 228 (NOW IN JUDICIAL CUSTODY) (BY SRI. HARISH KUMAR M.C., ADVOCATE) …APPELLANT
Legal Reasoning
Digitally signed by SWAPNA V Location: High Court of Karnataka AND: 1. STATE BY TARIKERE TOWN POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AT BANGALORE - 560 001. 2. SHEKAR S/O. SANNAPPA AGED ABOUT 52 YEARS R/AT 2ND CROSS, OPP: CHURCH KODI CAMP, TARIKERE TOWN, CHIKKAMAGALURU DISTRICT - 577 228.
Legal Reasoning
(BY SRI. HARISH GANAPATHY, HCGP FOR R1 R2 - SD) …RESPONDENTS THIS CRL.A IS FILED U/S 14A(2) OF SC AND ST (POA) ACT PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN SPECIAL CASE NO.24/2023, FOR THE O/P/U/S 143, 144, 149, 147, 148, 323, 302, 212 R/W 34 OF IPC R/W SECTION 149 OF IPC AND SECTIONS 3(2) (VA) AND 3 (2)(VII) OF THE SC AND ST - 2 - NC: 2025:KHC:20593 CRL.A No. 900 of 2025 HC-KAR (PREVENTION OF ATROCITIES) ACT OF THE RESPONDENT TARIKERE TOWN POLICE STATION PENDING ON THE FILE OF I ADDITIONAL SESSIONS AND SPECIAL JUDGE AT CHIKKAMAGALURU. THIS CRL.A, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA ORAL JUDGMENT The appellant - accused No.5 is before this Court seeking grant of bail under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as ‘the SC/ST Act’ for short) in Crime No.253/2022 of Tarikere Town Police Station, Chikkamagaluru, pending in Spl.Case No.24/2023 on the file of the learned I Additional Sessions and Special Judge, Chikkamagaluru, registered for the offences punishable under Sections 143, 144, 149, 147, 148, 323, 302, 212 read with Section 34 of IPC and Sections 3(2)(va) and 3(2)(viii) of the Scheduled Castes and Scheduled Tribes (POA) Amendment Act, 2015, on the basis of the first information lodged by informant - Shekar. 2. Heard Sri. Harish Kumar M.C, learned counsel for the appellant and Sri. Harish Ganapathy, learned High Court Government Pleader for respondent No.1-State. Perused the materials on record. - 3 - NC: 2025:KHC:20593 CRL.A No. 900 of 2025 HC-KAR 3. In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is: “Whether the appellant is entitled for grant of bail under Section 14A(2) of SC/ST (Prevention of Atrocities) Act, 1989?” My answer to the above point is in ‘Affirmative’ for the following: R E A S O N S 4. The appellant being accused No.5 along with accused Nos. 1 to 4 and 6 to 10 are charge sheeted for the offences punishable under Sections 143, 144, 149, 147, 148, 323, 302, 212 read with Section 34 of IPC and Sections 3(2)(va) and 3(2)(viii) of the Scheduled Castes and Scheduled Tribes (POA) Amendment Act, 2015. It is stated that the appellant was apprehended on 23.11.2022 and since then, he is in judicial custody. Initially, the appellant had filed Crl.A.No.798/2023 seeking similar relief and the same came to be dismissed. Again he had preferred an appeal in Crl.A.No.869/2023. The said appeal also came to be dismissed. The order sheet in the earlier criminal appeals disclose that, the - 4 - NC: 2025:KHC:20593 CRL.A No. 900 of 2025 HC-KAR Co-ordinate Benches of this Court rejected the claim of the appellant for grant of bail, solely on the ground that CW-24 is the eye-witness. His statement was recorded by the Investigating Officer under Section 161 of Cr.PC. His statement was also recorded by the learned Magistrate under Section 164 of Cr.PC. Since he is the eye-witness to the incident, who stated that the appellant-accused No.5 is the assailant who caused the death of the deceased it was held that he is not entitled for grant of bail. 5. Learned counsel for the appellant has taken the Court through the statement of CW-24 recorded by the Investigating Officer under Section 161 of Cr.PC and statement recorded under Section 164 of Cr.PC recorded by the learned Magistrate, wherein, the eye-witness stated that he came to the spot and saw that the accused were quarrelling with the deceased. But he also states that, since there was quarrel between the two, he left the place on his motorcycle and came to know about death of the deceased only on the next day. Under such circumstances, it cannot be stated at this stage that it was only accused Nos. 4 and 5 have inflicted fatal injuries which resulted in death of the deceased. - 5 - NC: 2025:KHC:20593 CRL.A No. 900 of 2025 HC-KAR 6. Admittedly, accused Nos.1 to 3, 6 to 10 are already on bail. 7. It is stated that the charge was framed by the Trial Court on 11.06.2023 and till now, PW-1 is examined in part. There are in all 41 witnesses to be examined by the prosecution. Under such circumstances, detention of the appellant in custody would amount to infringement to his right to life and liberty. Therefore, I am of the opinion that the appellant may be granted bail on parity with other accused, subject to conditions, which will take care of the interest of the prosecution as well as interest of the complainant and the witnesses. 8. Accordingly, I answer the above point in the affirmative and proceed to pass the following:
Decision
The appeal is allowed. ORDER The appellant is ordered to be enlarged on bail in Crime No.253/2022 of Tarikere Town Police Station, Chikkamagaluru, on obtaining the bond in a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the jurisdictional Court, subject to the following conditions: - 6 - NC: 2025:KHC:20593 CRL.A No. 900 of 2025 HC-KAR a). The appellant shall not commit similar offences. b). The appellant shall not threaten or tamper with the prosecution witnesses. c). The appellant shall appear before the Court as and when required. If in case, the appellant violates any of the conditions as stated above, the prosecution will be at liberty to move the Trial Court seeking cancellation of bail. On furnishing the sureties by the appellant, the Trial Court is at liberty to direct the Investigating Officer to verify the correctness of the address and authenticity of the documents furnished by the appellant and the sureties and a report may be called for in that regard, which is to be submitted by the Investigating Officer within 5 days. The Trial Court on satisfaction, may proceed to accept the sureties for the purpose of releasing the appellant on bail Sd/- (M G UMA) JUDGE SPV List No.: 1 Sl No.: 43