Jayanth Kumar R @ Jayanth vs The State Of Karnataka
2022 Latest Caselaw 2461 Kant

 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 15 T H DAY OF FEBRUARY, 2022

                        BEFORE

THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR

        CRIMINAL APPEAL NO.1838 OF 2021


BETWEEN:

Jayanth Kumar R @ Jayanth
S/o Late Ramesh,
Aged about 24 years,
R/o Rab u Rao Beedi,
Kumb arpet, Malur Town,
District Kolar-563130.
                                             ...Appellant
(By Sri Veeranna G Tig adi, Advocate)


AND:

1.    The State of Karnataka
      Rep. by Dep uty Superintendent of Police,
      Kolar Sub Division Kolar,
      Rep by State Public Prosecutor,
      Hig h Court of Karnataka,
      Beng aluru-560001.

2.    Kiran Kumar K. @ Sarathi,
      S/o Krishnamurthy
      Aged 28 years,
      R/o Thalakunte Villag e,
      Lakku Hobli, Taluka: Malur,
      District Kolar-563130.
                                         ...Respondents
(By Sri K.S.Abhijith, HCGP for R1;
 R2 - Served)
                           :: 2 ::


     This Criminal Appeal is filed under Section
14(A)(2) of SC/ST (POA) Act, read with Section 439 of
Cr.P.C., p raying to setting aside the ord er dated
26.11.2021 dismissing his p etition under Section 439
of   Code     of   Criminal    Proced ure,  1973    in
Spl.S.C.No.10/2021 (Malur Police Station, Crime
No.75/2021) by the Learned II Additional District and
Sessions Judg e, Kolar and granting him b ail in
Spl.S.C.No.10/2021 (Malur Police Station, Crime
No.75/2021) for the offence p unishable under Sections
143, 147, 148, 341, 302, 114 read with 149 of IPC
and Section 3(2)(V) of SC/ST (POA) Act, pending on
the file of the Learned II Ad ditional District and
Sessions Judge, Kolar.

     This Criminal Appeal coming on for admission
through video conferencing this d ay, the Court
delivered the following:


                      JUDGMENT

Heard Sri. Veeranna G. Tigadi, counsel for the

appellant and Sri. K.S. Abhijith, Government

Pleader for respondent no.1. Respondent no.2 is

served, but he has not appeared.

2. This appeal is preferred by accused no.6 in

Spl.S.Case No.10/2021 on the file of II Addl.

District and Sessions Judge, Kolar challenging the

dismissal of his application for bail under section

439 Cr.P.C.

:: 3 ::

3. The prosecution case pertains to causing

the death of a person by name Girish on 18.3.2021

at Gangapura Gate, Kolar-Malur Road. The actual

allegation against the appellant is that he and

accused no.4 and 5 instigated the other accused to

assault the deceased to death. This court has

already granted bail to accused no.7,8 and 10.

The trial court has denied the bail only on the

ground that the appellant was present at the time

of incident. Since some of the main assailants

have been admitted to bail already, there is no

impediment to admit the petitioner to bail.

Therefore the following:

ORDER

(i) Appeal is allowed.

(ii) The order passed by the II Additional

District and Sessions Judge, Kolar,

dated 9.3.2021 in Spl. S.C. No.

10/2021 on the application under :: 4 ::

section 439 Cr.P.C 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

sd