Prathap Vishwanath Gowda @ Kunta vs State Of Karnataka
2022 Latest Caselaw 2179 Kant

                                        CRL.A.No.1686/2021

                           1



IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 10TH DAY OF FEBRUARY 2022

                        BEFORE

      THE HON'BLE MRS. JUSTICE K.S.MUDAGAL

        CRIMINAL APPEAL NO.1686/2021
BETWEEN:

PRATHAP VISHWANATH GOWDA @ KUNTA
S/O A.G.NARAYANAPPA
HINDU, AGED ABOUT 22 YEARS
ANIKARAHALLI VILLAGE
SUGGANDAHALLI POST
MASTHI HOBLI, MALUR TALUK
KOLAR DISTRICT
KARNATAKA STATE
                                            ... APPELLANT
(BY SRI.UDHAYA KUMAR G., ADVOCATE)

AND

1.    STATE OF KARNATAKA
      REPRESENTED BY PSI
      MALUR POLICE STATION
      REP. BY STATE PUBLIC PROSECUTOR
      HIGH COURT OF KARNATAKA
      BANGALORE - 560 001

2.    MUNIRAJU
      S/O LATE MUDHAPPA
      AGED ABOUT 53 YEARS
      ARALERI VILLAGE, MALUR TALUK
      KOLAR DISTRICT - 563 130
                                         ... RESPONDENTS
(BY SRI SHANKAR H.S., HCGP FOR R1;
    R2 SERVED, UNREPRESENTED)
                                          CRL.A.No.1686/2021

                             2


      THIS CRIMINAL APPEAL IS FILED UNDER SECTION
14(A)(2) OF SC/ST (POA) ACT, 1989 PRAYING TO ENLARGE THE
APPELLANT/ACCUSED      NO.5    ON    REGULAR    BAIL  IN
CR.NO.75/2021 AND SPL.S.C.NO.10/2021 PENDING ON THE
FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE
AT KOLAR, REGISTERED BY THE MALUR POLICE FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 148, 341,
302, 114 R/W SECTION 149 OF IPC AND SECTION 3(2)(V) OF
SC/ST (POA) ACT AND TO ALLOW THE PETITION BY ENLARGING
THE APPELLANT ON REGULAR BAIL.

      THIS CRIMINAL APPEAL COMING ON FOR ORDERS THIS
DAY, THE COURT DELIVERED THE FOLLOWING:

                      JUDGMENT

Learned HCGP submits report regarding service

of notice on respondent No.2. Respondent No.2

served, unrepresented.

2. Heard.

3. Aggrieved by the rejection of his bail

petition, accused No.5 in Crime No.75/2021 of Malur

Police Station has preferred the above appeal.

4. Malur Police have charge sheeted the

appellant and 9 others in Crime No.75/2021 of their

police station for the offences punishable under

Sections 143, 147, 148, 341, 302, 114 r/w 149 of IPC CRL.A.No.1686/2021

and Sections 3(2)(V) of Scheduled Castes and

Scheduled Tribes (Prevention of Atrocities) Act, 1989.

5. Case of the prosecution in brief is as

follows:

Victim Girish belonged to Scheduled Tribe.

Accused and victim Girish had previous ill will.

Therefore, accused conspired to commit murder of

Girish. In execution of such conspiracy, on 18.03.2021

at 3.30 p.m. when Girish was proceeding at

Gangapura Gate of Kolar-Malur Road, accused Nos.1

to 3 assaulted Girish with long choppers and

committed his murder. Accused Nos.4 to 6 incited

accused Nos.1 to 3 and 7 to commit murder.

6. The trial Court by the impugned order has

rejected the bail petition of the appellant on the

ground that there is prima facie material to show the

involvement of the appellant.

CRL.A.No.1686/2021

7. The allegations of the actual assault with

deadly weapons are against accused Nos.1 to 3 and 7.

The allegation against the appellant, accused Nos.4

and 6 are that they abetted accused Nos.1 to 3 and 7

to commit the murder.

8. The trial Court by the impugned common

order rejected the bail applications of the appellant

and accused No.4. Accused No.4 challenged that

order before this Court in Crl.A.No.1405/2021. This

Court by order dated 24.11.2021 allowed the appeal

and granted bail to accused No.4. The appellant

stands on the same pedestal. Therefore, on the

ground of parity the appellant is entitled to bail.

The appeal is allowed.

The impugned order is hereby set aside.

The appellant is granted bail in Crime

No.75/2021 of Malur Police Station which is now CRL.A.No.1686/2021

pending in Spl.S.C.No.10/2021 on the file of II

Additional District and Sessions Judge, Kolar, subject

to the following conditions:

(i) The appellant shall execute a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two sureties in the like-sum to the satisfaction of the trial Court.

(ii) The appellant shall not tamper with the prosecution witnesses either directly or indirectly.

(iii) The appellant shall furnish proof of his residential address and shall inform I.O./Court if there is change in the address.

(iv) The appellant shall not involve in any criminal activities.

(v) The appellant shall regularly appear before the trial Court till the conclusion of trial.

Sd/-

JUDGE pgg