Deepesh @ Deepu vs State Of Karnataka
2021 Latest Caselaw 3113 Kant

                             1


IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 05TH DAY OF AUGUST 2021

                        BEFORE

 THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR

         CRIMINAL APPEAL No. 683 OF 2021

BETWEEN

Deepesh @ Deepu,
S/o Rukmaya Poojary,
Aged about 21 years,
Occupation: Student,
R/at Permude Village and Post,
Mangaluru Taluk-574142.
                                                 ...Appellant
(By Sri K.Dinesh Kumar Rao, Advocate)

AND

1.    State of Karnataka
      By Bajpe Police Station,
      Mangaluru-574002
      (Represented by Public Prosecutor,
      High Court Buildings, Bengaluru-560001).

2.    Manish Jogi,
      S/o Yashodar Jogi,
      Aged about 21 years,
      R/at Swamilapadavu,
      Mane, Bajpe,
      Mangaluru-574412.
                                           ...Respondents
(By Sri R.D.Renukaradhya, HCGP, for R1,
  R2 - Served & unrepresented)
                               2


      This Criminal Appeal is filed under Section 14A(2) of
SC/ST (POA) Act, praying to set aside the impugned order
dated 24.11.2020 and be pleased to allow the appeal and
enlarge the petitioner on bail in Spl.C.No.157/2020
pending on the file of II Additional District and Sessions
Judge, D.K., Mangaluru (charge sheeted for the offence
punishable under Sections 143, 147, 148, 323, 324, 504,
506, 341, 307, 302 read with 149 of IPC and under
Sections 3(2)(v) SC/ST (POA) Act.

      This Criminal Appeal coming on for admission this
day, the court delivered the following:


                        JUDGMENT

Heard the learned advocate for the appellant and

the learned High Court Government Pleader.

2. This is an appeal under section 14A of the

Scheduled Castes and the Scheduled Tribes

(Prevention of Atrocities) Act (for short referred to as

'the Act'). The offences invoked are punishable under

sections 143, 147, 148, 323, 324, 504, 506, 341, 307,

302 read with 149 of IPC and section 3(2)(v) of the

Act. It appears that the police have invoked the

offence under the Act because the deceased belonged

to scheduled caste or, otherwise the incident appears

to have taken place in connection with a love affair

between a girl who is the relative of accused No.3

and CW2. Be that as it may, this court has already

granted bail to accused 4 to 6. The charge sheet

materials show that this appellant stands on the same

footing with all these three accused who have been

admitted to bail. Therefore on the ground of parity

also, this appeal can be allowed to enlarge the

appellant on bail. Hence, the following : -

ORDER

(i) Appeal is allowed.

(ii) The order passed by the II Additional

District and Sessions Judge, D.K.,

Mangaluru, dated 24.11.2020 on

application under section 439 Cr.P.C

filed in Crl. Misc. Case No. 622/2020 is

set aside, the said application is allowed.

(iii) The appellant is ordered to be released

on bail on his executing a bond for

Rs.2,00,000/- and providing two sureties

for the likesum to the satisfaction of the

trial court. The appellant is also

subjected to the following conditions : -

(a) He shall not tamper with the evidence

and threaten the witnesses.

(b) He shall regularly appear before the

trial court till conclusion of the trial.

(c) He shall not get involved in any

criminal case.

Sd/-

JUDGE

ckl