Criminal Appeal No. 2441 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:15045 CRL.A No. 2441 of 2024 C/W CRL.A No. 1534 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL APPEAL NO. 2441 OF 2024 (U/S 14(A) (2)) C/W CRIMINAL APPEAL NO. 1534 OF 2023 IN CRL.A No. 2441/2024 BETWEEN: MANJUNATH B @ KATHRU S/O BOREGOWDA, AGED ABOUT 23 YEARS, R/AT NO.521, 7TH CROSS, ANDRAHALLI MAIN ROAD, OPP TO JYOTHI BAKERY, MARUTHI NAGARA, HEGGANAHALLI, BENGALURU-562 110. (BY SRI. PRATHEEP K.C., ADVOCATE) AND:
Legal Reasoning
1. THE STATE OF KARNATAKA REP. BY RAJAGOPALNAGAR POLICE STATION, BENGALURU, REP. BY ITS, STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-01. Digitally signed by LAKSHMI T Location: High Court of Karnataka …APPELLANT - 2 - NC: 2025:KHC:15045 CRL.A No. 2441 of 2024 C/W CRL.A No. 1534 of 2023
Legal Reasoning
2. SMT. SITAMMA W/O NARASAIAH, AGED ABOUT 48 YEARS, R/AT NO. 193/1, 5TH CROSS, KASTURI LAYOUT, RAJAGOPALNAGAR, BENGALURU-79. (BY MS. ASMA KOUSER, ADDL. SPP FOR-R1; R-2 SERVED BUT UNREPRESENTED) …RESPONDENTS THIS CRL.A IS FILED U/S 14(A)2) OF SC/ST (POA) ACT PRAYING TO SET ASIDE THE ORDER IN SPL.CASE NO.646/2021 DATED 25.09.2024 PASSED BY THE LXX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE (CCH-71) AT BENGALURU AND ENLARGE THE APPELLANT ON BAIL IN CR.NO.06/2021 (SPL.CASE NO.646/2021) FOR THE OFFENCE PUNISHABLE U/S 143, 147, 148, 307, 302, 504, 120-B, 201 R/W 149 OF IPC AND SECTION 3(2)(v) OF SCHEDULED CASTES AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT AND SECTION 25(1)(b) R/W 4 OF INDIAN ARMS ACT BY STATION, RESPONDENT BENGALURU AND PENDING ON THE FILE OF THE LXX ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE, CCH-71 AT BENGALURU. RAJAGOPAL NAGAR POLICE IN CRL.A NO. 1534/2023 BETWEEN: MANOJ KUMAR @ JOGI S/O LATE CHIDAMBARAM, AGED ABOUT 28 YEARS, R/AT NO. 62, 7TH CROSS, OPP. TO NAGAPPA HOSPITAL, M.S. PALYA, VIDYARANYAPURA, BENGALURU-34. (BY SRI. PRATHEEP K.C., ADVOCATE) ...APPELLANT - 3 - NC: 2025:KHC:15045 CRL.A No. 2441 of 2024 C/W CRL.A No. 1534 of 2023 AND: 1. THE STATE OF KARNATAKA REP. BY RAJGOPALNAGAR POLICE STATION, BENGALURU REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-01. 2. SMT. SITAMMA W/O NARASAIAH, AGED ABOUT 48 YEARS, R/AT NO.193/1, 5TH CROSS, KASTURI LAYOUT, RAJAGOPALNAGAR, BENGALURU-79. ...RESPONDENTS (BY MS. ASMA KOUSER, ADDL. SPP FOR-R1; R-2 SERVED BUT UNREPRESENTED) THIS CRL.A IS FILED U/S 14(A)2) OF SC/ST (POA) ACT PRAYING TO SET ASIDE THE ORDER IN SPL.CASE NO.646/2021 DATED 04.08.2023 PASSED BY THE LXX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE (CCH-71) AT BENGALURU AND ENLARGE THE APPELLANTS ON BAIL (SPL.CASE NO.646/2021) FOR THE OFFENCE PUNISHABLE U/S 143, 147, 148, 307, 302, 504, 120-B, 201 R/W 149 OF IPC AND SECTION 3(2)(v) OF SCHEDULED CASTES AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT AND SECTION 25(1)(b) R/W 4 OF INDIAN ARMS ACT BY RESPONDENT POLICE STATION, BENGALURU AND PENDING ON THE FILE OF THE LXX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE (CCH-71) AT BENGALURU. IN CR.NO.06/2021 THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - NC: 2025:KHC:15045 CRL.A No. 2441 of 2024 C/W CRL.A No. 1534 of 2023 CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL JUDGMENT Appellant in Crl.A.No.2441/2024 is accused No.5 and appellant in Crl.A.No.1534/2023 is accused No.2 respectively in Spl.C.No.646/2021 pending on the file of the LXX Additional City Civil & Sessions Judge and Special Judge, (CCH-71), Bengaluru City. 2. These two appeals are preferred by the accused praying to set aside the order passed by the learned Sessions Judge rejecting their petitions filed under Section 439 Cr.P.C. and consequently to enlarge them on bail. 3. Charge sheet is filed against accused Nos.1 to 18 for offences punishable under Section 143, 147, 148, 307, 302, 504, 120(B), 201 r/w 149 of IPC and Section 3(2)(v) of SC/ST (Prevention of Atrocities) Act and Section 25 1B(b) r/w 4 of Arms Act. - 5 - NC: 2025:KHC:15045 CRL.A No. 2441 of 2024 C/W CRL.A No. 1534 of 2023 4. It is the case of prosecution that on 9.1.2021 at about 1.00 p.m., all the accused formed an unlawful assembly armed with deadly weapons, with a common object of committing the murder of one Srinivas, on account of previous enmity and committed his murder by assaulting him with the weapons they were carrying, near 3rd cross, site No.515, Kasturi Layout, Rajagopalnagar, Bengaluru City. 5. Initially, FIR came to be registered against six named accused including the petitioners herein. Charge sheet was filed against 18 accused arraigning the appellants as accused Nos.5 and 2 respectively. 6. The learned Sessions Judge has rejected the bail petitions on the ground that the offence is heinous in nature and if they are released on bail, there is possibility of tampering the witnesses. 7. Learned Addl. SPP has contended that there are several criminal cases registered against the appellants - 6 - NC: 2025:KHC:15045 CRL.A No. 2441 of 2024 C/W CRL.A No. 1534 of 2023 and they have criminal background and therefore, if they are released, they may commit similar offence and also flee from justice. 8. It is contended by the learned counsel for appellants that all the other accused are already enlarged on bail whereas the appellants are languishing in judicial custody since 8.3.2021. All the material witnesses examined before the trial Court including the eye witnesses have turned hostile and not supported the case of prosecution. It is contended that 80 witnesses are cited in the charge sheet and therefore, conclusion of the trial may take considerable time. He submits that the appellants may be enlarged on bail on the same terms and conditions imposed against similarly placed accused. 9. CWs.1, 12 to 14, 19, 21, 23 and 24 are said to be the eyewitnesses. Except CW21, all the eyewitnesses are examined by the trial Court. The contention of the learned counsel that none of the eye witnesses including the defacto complainant-CW1, sister of the deceased have - 7 - NC: 2025:KHC:15045 CRL.A No. 2441 of 2024 C/W CRL.A No. 1534 of 2023 supported the prosecution case, is not disputed by the State. Insofar as CW21 is concerned, it is submitted by the learned counsel that inspite of issuance of summons, he has not been secured before the trial Court. 10. It is not in dispute that all the other accused, who are similarly placed as the appellants, are enlarged on bail. The appellants are in judicial custody since 8.3.2021 i.e., for more than four years. 80 witnesses are cited in the charge sheet. As of now only 19 witnesses are examined and therefore, conclusion of the trial may take considerable time. Since all the other accused who are similarly placed as the appellants are enlarged on bail, the appellants are also entitled for bail on the ground of parity. Hence, the following:
Decision
ORDER i. Both the appeals are allowed. ii. The impugned order passed by the learned Sessions & Special Judge, Bengaluru, dismissing the bail petitions of the appellants are hereby set aside. - 8 - NC: 2025:KHC:15045 CRL.A No. 2441 of 2024 C/W CRL.A No. 1534 of 2023 iii. The appellants/accused-2 and 5 in Spl.C.No.646/2021 pending on the file of the LXX Additional City Civil & Sessions Judge and Special Judge, (CCH-71), Bengaluru City, shall be enlarged on bail subject to following conditions: 1. They shall execute a bond in a sum of Rs.2,00,000/- (Rupees two lakhs only) each, with two sureties for the likesum to the satisfaction of the jurisdictional Court. 2. They shall furnish their residential address and shall inform the Court, if there is any change in the address. 3. They shall not directly or indirectly tamper with the prosecution witnesses. 4. They shall not indulge themselves in committing any offence. 5. They shall appear before the trial Court regularly on all dates of hearing. - 9 - NC: 2025:KHC:15045 CRL.A No. 2441 of 2024 C/W CRL.A No. 1534 of 2023 Needless to say that the prosecution is at liberty to seek cancellation of bail, if any of the above conditions are violated. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 10 Ct:ar