Karnataka High Court
Sri Kishore Kumar vs State By on 14 July, 2023
Bench: Sreenivas Harish Kumar
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NC: 2023:KHC:24673
CRL.A No. 745 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR
CRIMINAL APPEAL NO. 745 OF 2023
Between:
Sri Kishore Kumar
S/o. Late Muniraju
Aged about 25 years,
R/at No.13, 1st Main,
Kadubisanahalli
Bengaluru-560103
...Appellant
(By Sri N.Hariprasad, Advocate)
And:
1. State by
Jayanagar Police Station
Digitally signed Represented by Special Public Prosecutor
by SRIDEVI S High Court Building
Location: HIGH Bengaluru-560001
COURT OF
KARNATAKA
2. Sri N.Mohan
S/o. Nataraj
Aged about 52 years,
R/at No.9/1, 15th Cross,
Lakkasandra, Bengaluru-560029
...Respondents
(By Sri P.Thejesh, HCGP for R1;
R2 - Served. Unrepresented.)
This Criminal Appeal is filed u/s 14(A)(2) of SC/ST(POA)
Act praying to set aside the order dated 15.03.2022 passed by
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CRL.A No. 745 of 2023
the Hon'ble LXX Additional City Civil and Sessions Judge and
Special Judge at Bengaluru (CCH-71) in Spl.C.No.1662/2021
(Cr.No.141/2021) and enlarge him on bail for the offence p/u/s
35, 143, 144, 147, 148, 201, 212, 120(B), 302 r/w 149 of IPC
and section 3(2)(v) of SC/ST(POA) Act and under section 25-
1(B) of Arms Act on the file of Jayanagar Police, now pending
before the Hon'ble LXX Additional City Civil and Sessions Judge
and Special Judge at Bengaluru.
This Criminal Appeal, coming on for admission, this day,
the court delivered the following:
JUDGMENT
Heard Sri. N. Hariprasad, learned counsel for the
appellant and Sri. P.Thejesh, learned Government Pleader
for respondent no.1. Respondent no.2 has been notified,
but he is absent.
2. This is an appeal filed under section 14A(2) of
Schedule Castes and Schedule Tribes (Prevention of
Atrocities) Act ('Act' for short) challenging the order dated
15.03.2023 on an application filed under section 439
Cr.P.C. by the appellant in Spl.C.C.No.1662/2021 on the
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CRL.A No. 745 of 2023
file of LXX Addl. City Civil and Sessions Judge and Special
Judge, Bengaluru (CCH-71).
3. The appellant is one of the accused among sixteen
accused facing trial for the offences punishable under
sections 143, 144, 147, 148 and 302 IPC r/w section 25-
1(B) (b) of the Arms Act and section 3(2)(v) of Act. The
appellant withdrew his earlier Criminal Appeal
No.865/2022 when this court expressed an opinion that
there was no case for granting bail as the charge sheet
indicated existence of prima facie materials. Now the
appellant is on a different ground. He moved the trial
court for bail making out a changed circumstance that
accused no.1 and 7 are admitted to bail and therefore he
would be entitled to clam bail on the ground of parity. The
trial court did not appreciate the ground urged by him.
4. It is submitted by Sri. N. Hariprasad, learned
counsel for the appellant that the motive is attributed to
accused no.1 and 2 as the charge sheet discloses that they
were the conspirators and since they have been admitted
to bail, the appellant who is accused no.12 is also entitled
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CRL.A No. 745 of 2023
to be released on bail. He also submits that accused no.7
was admitted to bail by this court by allowing
Crl.A.No.2044/2022. But Sri. P.Thejesh opposes the
appeal by submitting that accused nos.3,4,5,7 and 12 are
the main assailants. Especially against the appellant it is
stated that he gave a blow on the head of the deceased
with a long. This court has already denied bail to him on
merits. Therefore the ground of parity cannot be
considered.
5. The charge sheet indicates that accused no.1 and
2 developed motive for eliminating the deceased and to
achieve their motive they conspired with other accused.
When accused no.2 moved this court by filing
Crl.A.No.1184/2022 it was observed in para 7 that
accused nos.3,4,5,7 and 12 were the main assailants. The
order of the co-ordinate bench in Crl.A.No.2044/2022
shows that accused no.7 was admitted to bail as the
imputation against the appellant as also accused no.7 was
same. Therefore it is to be stated that ground of parity is
applicable. In this view the impugned order is not
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CRL.A No. 745 of 2023
sustainable. Appeal deserves to be allowed. Hence the
following:
ORDER
Appeal is allowed.
The order passed by the LXX
Additional City Civil and Sessions Judge
and Special Judge, Bengaluru dated
15.03.2023 in Spl.Case.No.1662/2021 is
set aside.
The appellant is ordered to be
released on bail on obtaining from him a
bond for Rs.2,00,000/- (Rupees Two
Lakhs only) and two sureties for the
likesum 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.
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CRL.A No. 745 of 2023
iii. Till conclusion of the trial, the
appellant shall mark his attendance
before the first respondent-police
preferably on Sunday between 9 am
and 12 noon.
iv. He shall not get involved in any other
criminal case/s in future. In case any FIR
is registered against him in future, the
same will be considered for cancellation of
bail automatically.
Sd/-
JUDGE
sd
