Sri. K. Keshava Murthy vs The State Of Karnataka
2022 Latest Caselaw 11944 Kant

 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 19 T H DAY OF SEPTEMBER, 2022

                         BEFORE

THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR

        CRIMINAL APPEAL NO.1497 OF 2022

BETWEEN:

Sri K. Keshava Murthy
S/o Venkatakrishna
Aged about 44 years
R/at No.14, Sud appa Kalyana Mantap a
Om Shanthi Nagar, Behind
Hosur Town, Krishnag iri District
Tamil Nad u-635109.
                                          ...Appellant
(By Sri Nanjunda Gowda M.R., Ad vocate)

AND:

1.    The State of Karnataka
      By H.S.R. Layout Police
      Beng aluru City
      Represented by
      State Pub lic Prosecutor
      Beng aluru -560 001.

2.    Kum. XXX
      D/o Samp angi
      Aged about 16 years
      Minor
      Represented by her
      Father, Natural Guardian
      Samp ang i
      S/o Narayanaswamy
      Aged about 45 years
      R/at House of Muniyamma
      Annamanap alya, Hosap alya
                                 :: 2 ::


        Bommanahalli Post
        Beng aluru.
                                                    ...Resp ondents
(By Sri K. Rahul Rai, HCGP for R1;
 R2 - served)



        This    Criminal    Appeal        is    filed   under      Section
14(A)(2) of SC/ST (POA) Act, praying to set aside the
order passed by the Additional City Civil and Sessions
Judge, FTSC-III, Beng aluru d ated 02.07.2022 in Crl.
Misc.    No.5487/2022         (In   CR.        No.44/2022     of   H.S.R.
Layout Police) and etc,.


        This Criminal Appeal coming on for admission
this d ay, the Court d elivered the following:

                            JUDGMENT

This is an appeal under section 14(A)(2) of

Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act, ["SC/ST (POA) Act"

for short]. The appellant is accused no.4 in

Spl.C.No.990/2022 on the file of Addl. City Civil

and Sessions Judge and FTSC-III, Bengaluru.

2. Heard Sri. M.R.Nanjunda Gowda, learned

counsel for the appellant and the Government :: 3 ::

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

served with notice. The main accused are accused

no.1 and 3, who have already been enlarged on

bail. Appellant is accused no.4. It appears that

appellant was the customer of accused no.1.

Charge sheet has already been filed. In this view,

the trial court could have granted bail to the

appellant. Therefore the impugned order is set

aside. Hence the following:

ORDER

Appeal is allowed.

The order passed by the Additional City Civil and Sessions Judge, FTSC-III, Bengaluru dated 20.06.2022 in Crl.Misc.No.5486/2022 on the application of the appellant under Section 439 Cr.P.C., is set aside. The said application is allowed.

The appellant is admitted to bail on obtaining from him a bond for Rs.2,00,000/- (Two lakhs only) and providing two sureties for the likesum :: 4 ::

to the satisfaction of the trial court. The appellant is also subjected to following conditions:-

     i.    He    shall     not        tamper       with      the
           evidence            collected           by        the
           investigating         officer     and      threaten
           the witnesses.

ii. He shall regularly appear before the trial court till conclusion of the trial.

iii. Till conclusion of the trial, the appellant shall mark his attendance before the jurisdictional police Station once in 15 days, preferably on a Sunday between 9 am and 12 noon.

iv. He shall not get involved in any other criminal case/s in future. In case of any FIR is registered against them, the same will be considered for cancellation of bail.

Sd/-

JUDGE

sd