Guru vs State By Channapatna Rural P.S
2022 Latest Caselaw 11947 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.1292 OF 2022

BETWEEN:
1.    Guru
      S/o Nag anna
      Aged about 28 years
      Moledoddi Villag e
      Kasab a Hobli
      Ramanag ara Taluk
      Ramanag ar -562159

      And also residing at
      R/at Lalag hatta
      Kasab a Hobli
      Channap atna Taluk
      Ramanag ara-562159.
                                          ...Appellant
(By Sri Ganesh G.G., Advocate)

AND:
1.    State by Channapatna Rural P.S.
      Represented by Public
      Prosecutor High Court Complex
      Bang alore-560091.

2.    Sri Ravi
      S/o Late Rang aiah
      Aged about 46 years
      R/at No.26/55, 3 r d Cross
      Behind Kurubara Hostel
      Vinayaka Layout
      Mandya Town-560085.
                                        ...Respondents
                               :: 2 ::


(By Sri K. Rahul Rai, HCGP for R1;
 R2 served - unrep resented)



      This   Criminal      Appeal   is   filed   under     Section
14(A)(2) of SC/ST (POA) Act, praying to set aside the
imp ugned    Order    dated    11.07.2022,       p assed    by   the
learned 1 s t Additional District and Sessions Judg e at
Ramanag ara in Crl. Misc. No.493/2022, pend ing on the
file of learned 1 s t Addl. District and Sessions Judge at
Ramanag ara in Spl.C. No.59/2022, FIR reg istered by
the Channap atna Rural P.S. in CR. No.13/2022 for the
alleged offence p unishab le under Section 302, 307, 34
of IPC and Section 3(2)(V) of SC/ST (POA) Act and
allow the app eal.


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

                           JUDGMENT

Heard Sri. Ganesh G.G., learned counsel for

the appellant and the Government Pleader for

respondent no.1. Respondent no.2 has been

served with notice, but there is no representation

from him.

:: 3 ::

2. This is an appeal filed under section 14A(2)

of Scheduled Castes and Scheduled Tribes

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

for short] challenging the order dated 11.7.2022

dismissing the appellant's application for bail in

Crl.Misc.493/2022.

3. FIR was lodged by one Ravi, the father of

the deceased viz., Ananda. His report discloses

that deceased Ananda had relationship with

transgender viz., Mouna @ Manu. The deceased

had lent money to Mouna and because she did not

repay the money, on 24.1.2022 at about 3.00

p.m., the deceased and one Guru @ Raghavendra

went to the village of Mouna for demanding

repayment. At that time it appears that a quarrel

broke out and in the course of quarrel, the

appellant assaulted the deceased with a chopper

on his head, stomach and hands and, Mouna also :: 4 ::

brought a cooker lid and assaulted the deceased

on his face. This resulted in death.

4. Though the learned counsel for the

appellant tries to make out a case for bail, on

perusal of the statement given by two eye

witnesses viz., Guru @ Raghavendra and Shivani,

it becomes clear that the appellant was the main

assailant for causing the death. Prima facie

materials are forthcoming from the statement of

the eye witnesses. Merely for the reason that

another accused has been admitted to bail, it

cannot be said that this appellant also becomes

entitled to claim bail. I do not find any merit in

this appeal. Therefore appeal is dismissed.

Sd/-

JUDGE

sd