Karnataka High Court
Jadeswamy @ Naveen (Accused No.2) vs The State Through By ... on 23 June, 2023
Bench: Sreenivas Harish Kumar
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NC: 2023:KHC:21781
CRL.A No. 434 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR
CRIMINAL APPEAL NO. 434 OF 2023
Between:
Jadeswamy @ Naveen (Accused No.2)
S/o. Nagaraj,
Aged about 29 years,
R/at M.T.Doddi Village,
(Mari Thimmegowda Doddi),
Hannuru Taluk,
Chamarajanagara District - 571439
...Appellant
(By Sri P.Mahadevaswamy, Advocate)
And:
1. The State through
Digitally signed By Byatrayanapura Police Station
by VEERENDRA Kengeri Gate Sub-Division,
KUMAR K M
Bengaluru
Location: HIGH
COURT OF Rep. by State Public Prosecutor,
KARNATAKA Attached High Court Building,
Ambedkar Veedi, Bengaluru-560001
2. Kumar
S/o. Late Bommerai,
Aged about 33 years,
No.7/1, 5th Cross, 1st Main,
Byatarayanapura, Mysuru Road,
Bengaluru-560026
...Respondents
(By Smt. Rashmi Jadhav, HCGP for R1;
R2 - Served. Unrepresented.)
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NC: 2023:KHC:21781
CRL.A No. 434 of 2023
This Criminal Appeal is filed u/s.14(a)(2) of SC/ST (POA)
Act, praying to enlarge him on bail in Spl.C.No.201/2020
registered at Byatarayanapura Police, for the offence p/u/s 302
r/w 34 of IPC and section 3(2)(v) of SC/ST (POA) Act pending
on the file of LXX Additional City Civil and Sessions Judge and
Special Judge, (CCH-71), Bengaluru.
This Criminal Appeal, coming on for admission, this day,
the court delivered the following:
JUDGMENT
Heard Sri P.Mahadeva Swamy learned counsel
for the appellant and Smt. Rashmi Jadhav, learned
High Court Government Pleader for the respondent
No.1-State.
2. This is an appeal filed under Section
14(A)(2) of the Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act challenging
the order dated 15.02.2023 on an application filed
under Section 439 of Cr.P.C., in Spl.Case
No.201/2020.
3. The appellant is accused No.2 before the
trial court and he moved the trial court for bail on
several grounds including the ground touching the
NC: 2023:KHC:21781
CRL.A No. 434 of 2023
merits of the case. The trial court dismissed the
said application holding that there are no changed
circumstances.
4. Sri P.Mahadeva Swamy submits that the
mother of the appellant is suffering from Cancer
and this ground can be considered for enlarging
the appellant on bail. In para 7 of the
memorandum of appeal, it is generally stated that
the parents of the appellant are suffering from
ailments and there is no reference of specific
ailment of the appellant's mother. If according to
the appellant, his presence is necessary for taking
care of his mother who is suffering from Cancer,
that ground should have been distinctly urged
before the trial court by producing relevant
documents. In this view of the matter, I do not
find any reason to entertain this appeal. Therefore
appeal is dismissed.
NC: 2023:KHC:21781
CRL.A No. 434 of 2023
However liberty is granted to the appellant to
approach the trial court with a fresh application for
bail along with medical documents pertaining to
his mother.
Sd/-
JUDGE
KMV
