Gopal @ Y Gopal vs State Of Karnataka
2021 Latest Caselaw 3553 Kant

                             1




IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 28TH DAY OF OCTOBER, 2021

                         BEFORE

 THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR

          CRIMINAL APPEAL No.661 OF 2021


BETWEEN

Gopal @ Y Gopal S/o Muniyellappa
Aged about 43 years
Residing at No.418
Ambedkar Nagar
Maruthi Main Road
Bandepalay, Garvebhavipalya
Bengaluru- 560 068.
                                         ...Appellant
(By Sri. K.T. Seshagiri, Advocate)

AND

1.    State of Karnataka
      By Bandepalya P.S
      Rep. by Public Prosecutor,
      High Court Complex
      Bengaluru - 560 001.

2.    Madan Gopal
      Major, Sy.No.46/1
      Garvebhavipalya
      Bandepalya
      Bengaluru-560 068.
                                     ...Respondents
(By Sri.K.S. Abhijith, HCGP for R1
    Sri G.M.Anand, Adv. For R2)
                                  2




      This Criminal Appeal is filed under Section 14-A of
SC/ST (POA) Act praying to set aside the dismissal order
dated 19.03.2021 passed in Crl.Misc.No.2042/2021 and
allow the appeal and etc.,


      This Criminal Appeal coming on for Admission this
day, the Court made the following:


                          JUDGMENT

Heard Sri. K.T. Seshagiri, learned counsel for

appellant, Sri. K.S. Abhijith, learned HCGP for

respondent No.1 and Sri. G.M. Anand, learned counsel

for respondent No.2.

2. The appellant is accused No.7 in Crime

No.48/2017 registered by respondent No.1 - Police for

the offences punishable under Sections 504 and 506

R/w Section 149 of IPC and under Section 3(1)(r)(s)

of Scheduled Caste & Scheduled Tribe (Prevention of

Atrocities), Act challenging the order dated

19.03.2021 passed by the Court of LXX Additional City

Civil and Sessions Judge and Special Judge, Bengaluru

(CCH-71) rejecting his application for anticipatory bail.

3. Learned Special Judge has rejected

anticipatory bail noticing the fact that the appellant

has remained absconded. It is now submitted by the

appellant's counsel that the appellant had not

absconded, rather he was confined to home because

of infection to his leg due to gangrene. It is stated

that this appellant also belonged to Scheduled Caste

and in this view the provisions of SC/ST (POA) Act

cannot be invoked against him.

4. Already this Court has granted anticipatory

bail to accused Nos.1, 2, 4, 5, 6, 8 and 9. So far as

the appellant is concerned, he stands on the same

footing and therefore there is no impediment for

granting anticipatory bail taking note of the above

factors. Therefore, the appeal is allowed. Order dated

19.03.2021 passed in Crl.Misc.2042 of 2021 by the

Court of LXX Additional City Civil and Sessions Judge

and Special Judge, Bengaluru (CCH-71) is set aside.

Appellant no.7 is admitted to anticipatory bail on the

following conditions:

ORDER

i. Appeal is allowed

ii. The order dated 19.3.2021 passed in Crl.Misc.2042 of 2021 by the LXX Additional City Civil and Sessions Judge and Special Judge, Bengaluru (CCH-71) on an application under Section 438 Cr.P.C. is set aside, the said application is allowed.

iii. The appellant is admitted to anticipatory bail

on the following conditions:

(a) He shall execute a bond for a sum of Rs.50,000/- and provide two sureties for the likesum to the satisfaction of the trial court.

(b) He shall regularly appear before the trial court till conclusion of the trial.

(c) He shall not tamper with the evidence and threaten the witnesses.

SD/-

JUDGE

sd