Karnataka High Court
Sri.Praveen T.K vs State Of Karnataka on 20 July, 2023
Bench: K.Natarajan
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NC: 2023:KHC:25315
CRL.A No. 881 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL APPEAL NO. 881 OF 2023
BETWEEN:
SRI.PRAVEEN T.K
S/O KUMARA,
AGED ABOUT 24 YEARS,
R/AT 1ST CROSS,
PANCHAKALYANA STREET,
KALIDASA NAGARA,
TARIKERE TOWN AND TALUK,
CHIKMAGALURU DISTRICT 577228
...APPELLANT
(BY SRI. NARASEGOWDA K.,ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY TAIRKERE PS
Digitally
CHIKKAMAGALURU
signed by
PANKAJA S
REP BY STATE PUBLIC PROSECUTOR
Location: HIGH COURT OF KARNATAKA BUILDING,
HIGH
COURT OF BENGALURU 560001.
KARNATAKA
2. SHEKAR S/O SANNAPPA
AGED ABOUT 52 YEARS,
RA/T 2ND CROSS, BEERUR ROAD,
INFRONT OF CHURCH,
TARIKERE TOWN,
CHIKKAMAGALURU DISTRICT 577228
...RESPONDENTS
(BY SRI.S. VISHWA MURTHY, H.C.G.P. FOR R1;
R1 - SERVED AND UNREPRESENTED)
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NC: 2023:KHC:25315
CRL.A No. 881 of 2023
THIS CRIMINAL APPEAL IS FILED UNDER SECTION
14(A)(2) OF SC/ST (POA) ACT, 2015 BY THE ADVOCATE FOR
THE APPELLANT PRAYING TO SET ASIDE THE ORDER DATED
02.01.2023 AND ENLARGE THE APPELLANT ON BAIL IN CRIME
NO.253/2022 FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 143, 144, 147, 148, 302, 12 READ WITH SECTION
149 OF IPC READ WITH SECTION 3(2)(va), 3(2)(vii) OF SC
AND ST (POA) ACT 2015 REGISTERED BY TARIKERE TOWN
POLICE STATION, BANGALORE, PENDING ON THE FILE OF I
ADDITIONAL DISTRICT AND SESSIONS AND SPECIAL JUDGE
AT CHIKKAMAGALURU.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
1. This appeal is filed by the appellant - accused No.9
under Section 14A(2) of the Scheduled Castes and the Scheduled
Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to
as 'Act' for short) for setting aside the order dated 02.01.2023,
dismissing the bail petition under Section 439 of the Code of
Criminal Procedure, by the I Additional Sessions and Special
Judge, Chikkamagaluru, in Crime No.253/2022.
2. Heard the learned counsel for the appellant and the
learned High Court Government Pleader for respondent No.1.
3. The case of the prosecution is that on 20.11.2022 at
about 10.45 p.m., the accused Nos.1 to 3 are said to have picked
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CRL.A No. 881 of 2023
up quarrel with the deceased Omkar by taking him from the house.
Subsequently, accused Nos.4 to 9 came to the spot in motor cycle
and assaulted the deceased. The accused No.4 assaulted with
brick and accused No.5 assaulted with beer bottle on the head, due
to which the said Omkar sustained injury and he was shifted to
hospital. The appellant - accused No.9 was arrested on
23.11.2022 and he was remanded to judicial custody. His bail
petition came to be rejected.
4. The learned counsel for appellant - accused No.9
submits that accused No.8 and 10 are granted bail by the co-
ordinate Benches and this Court has also granted bail to one of the
accused, where the main allegation goes against accused No.4
and 5, who have actually assaulted on the brick and beer bottle
which led to the death of deceased Omkar. Though this appellant
came in the motor cycle and stood on the spot, but there is no
specific overt act against him except his presence at the spot along
with accused No.4 and 5. The allegations against accused No.8
and the appellant - accused No.9 herein are one and the same.
The co-ordinate Bench has granted bail to accused No.8, who was
in judicial custody for almost more than 8 months. Investigation
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CRL.A No. 881 of 2023
has completed and chargesheet has been filed against the
appellant. Therefore, without expressing any opinion on the merits,
this Court finds it just and proper to grant bail to the appellant -
accused No.9 by imposing conditions. Hence, I proceed to pass
the following :
ORDER
i. The appeal is allowed.
ii. The impugned order dated 02.01.2023 passed by the I
Additional Sessions and Special Judge, Chikkamagaluru,
in Crime No.253/2022 is hereby set aside.
iii. The appellant shall be enlarged on bail on execution of a
personal bond for a sum of Rs.2,00,000/- (Rupees Two
Lakh only) with two sureties for the likesum to the
satisfaction of the jurisdictional Court.
iv. He shall not indulge in commission of any such similar
offences.
v. He shall not tamper with the prosecution witnesses either
directly or indirectly.
vi. He shall not leave the jurisdiction of the Trial Court,
without prior permission of the jurisdictional Court.
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CRL.A No. 881 of 2023
vii. He shall appear before the Trial Court on all dates of
hearing without fail.
Sd/-
JUDGE
HNM
