Mukunda vs The State By Metagalli Police
2022 Latest Caselaw 185 Kant

Citation : 2022 Latest Caselaw 185 Kant
Judgement Date : 5 January, 2022

Karnataka High Court

Mukunda vs The State By Metagalli Police on 5 January, 2022

Bench: K.S.Mudagal

                                         CRL.A.No.1808/2021


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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 5TH DAY OF JANUARY 2022

                          BEFORE

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

         CRIMINAL APPEAL NO.1808/2021

BETWEEN:

MUKUNDA
S/O SHARMAJI
AGED ABOUT 25 YEARS
NO.702, 13TH CROSS, 2ND MAIN
B.M.SHREE NAGAR, METAGALLI
MYSORE - 570 0196                      ... APPELLANT

(BY SRI.RAJU C N, ADV.)

AND:

1.     THE STATE BY METAGALLI POLICE
       MYSORE
       REPRESENTED BY SPP
       HIGH COURT OF KARNATAKA
       BANGALORE - 560 001

2.     SRI.AVINASH B S
       S/O SRINIVAS
       AGED ABOUT 29 YEARS
       RESIDING AT NO.102/B-1
       SOMANNA'S RENT HOUSE
       B.M.SHREE NAGARA
       METAGALLI, MYSORE - 570 016     ... RESPONDENTS

(BY SRI.SHANKAR H S, HCGP FOR R1;
     R2 IS SERVED)
                                            CRL.A.No.1808/2021


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      THIS CRIMINAL APPEAL IS FILED UNDER SECTION
14(A)(1) OF SCHEDULE CASTES AND SCHEDULE TRIBES (POA)
ACT PRAYING TO SET ASIDE THE ORDER PASSED BY THE VI
ADDITIONAL DISTRICT AND SPECIAL JUDGE, MYSURU IN
SPL.C.NO.369/2020 DATED 23.11.2021, ARISING OUT OF
CR.NO.87/2020 OF METAGALLI POLICE, MYSURU FOR THE
OFFENCE PUNISHABLE UNDER SECTIONS 302,201,323,504 R/W
SECTION 34 OF IPC AND SECTION 3(2)(V) OF SCHEDULE
CASTES AND SCHEDULE TRIBES (POA) AMENDMENT ACT, 2014
AND ETC.

     THIS CRIMINAL APPEAL COMING ON FOR ADMISSION
THIS DAY, THE COURT THROUGH VIDEO CONFERENCE
DELIVERED THE FOLLOWING:


                       JUDGMENT

Aggrieved by the rejection of bail application Accused

No.3 in Special Case No.369/2020 on the file of the VI

Addl. District Judge and Special Court for trial of the

offences under the Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act, 1989 has filed the above

appeal.

2. The appellant and accused Nos.1 and 2 are

facing trial in Special Case No.369/2020 for the offences

punishable under Sections 302, 201, 323, 504 read with

Section 34 IPC and Section 3(2)(v) of the Scheduled

Castes and Scheduled Tribes (POA) Amendment Act, 2014 CRL.A.No.1808/2021

on the basis of the charge sheet filed by the respondent

police in Crime No.87/2020 of their police Station.

3. The case of the prosecution is as follows:

Deceased Somashekar @ Dedly belonged to

Scheduled Tribe. On 24.08.2020 at about 10.30 p.m. in

the farm land of CW.15, a quarrel ensued between the

accused and the victim for petty matter. Accused No.1

stabbed the victim with dagger and caused his death. The

appellant provoked the victim to initiate quarrel. Accused

No.2 had kept the dagger in his motor cycle that was used

for commission of the offence.

4. The direct allegation of stabbing the victim and

causing death are against accused No.1. The appellant

stands on the better pedestal than that of accused No.2

who allegedly carried the weapon. This Court has granted

bail to accused No.2 on 23.03.2021 in Crl.P.No.474/2021.

Therefore, on the ground of parity, the appellant is entitled

for grant of bail. The trial Court has not referred to the

bail order of this Court granted in favour of accused No.2.

CRL.A.No.1808/2021

Under the aforesaid facts and circumstances, the

impugned order is not sustainable.

The appeal is allowed. The impugned order dated

23.11.2021 in Spl.Case No.369/2020 is hereby set aside.

The appellant is granted bail in Spl. Case

No.369/2020 on the file of the VI Addl. District & Special

Judge, Mysuru subject to the following conditions:

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