Karnataka High Court
Somashekara vs The State Of Karnataka on 1 March, 2023
Bench: Sreenivas Harish Kumar
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CRL.A No. 2002 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR
CRIMINAL APPEAL NO. 2002 OF 2022 (U/S 14(A) (2))
BETWEEN:
1. SOMASHEKARA,
S/O LATE KRISHNAPPA,
AGED ABOUT 26 YEARS,
R/AT, GOORANAHALLI MANTI,
CHANNARAYAPATNA TOWN,
HASSAN DISTRICT - 16.
...APPELLANT
(BY SRI. K C PRATHEEP, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY CHENNARAYAPATANA
TOWN POLICE STATION,
Digitally signed by CHANNARAYAPATNA SUB DIVISION,
VEERENDRA KUMAR
KM HASSAN DISTRICT,
Location: HIGH REPRESENTED BY ITS,
COURT OF
KARNATAKA STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BANGALORE - 01.
2. BHAGYAMMA,
W/O KRISHNA,
AGED ABOUT 50 YEARS,
R/AT A D COLONY, NAGASAMUDRA ROAD,
CHANNARAYAPATNA TOWN,
HASSAN DISTRICT - 34.
...RESPONDENTS
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CRL.A No. 2002 of 2022
(BY SRI. MAHESH SHETTY, HCGP
R2 - SERVED AND UNREPRESENTED)
THIS CRL.A IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT
PRAYING TO ALLOW THIS APPEAL BY SETTING ASIDE THE
ORDER IN SPL.C.NO.33/2020 DATED 15.09.2022 PASSED BY
THE HONBLE ADDITIONAL DISTRICT AND SESSIONS JUDGE,
FTSC-1, AT HASSAN AND SPL.JUDGE AT BENGALURU AND
ENLARGE THE APPELLANT ON BAIL IN SPL.C.NO.33/2020 FOR
THE OFFENCE P/U/S 302,120B,114,34 OF IPC AND SEC.3(2)(v-
a) OF SC/ST (POA) ACT BY RESPONDENT P.S., HASSAN
DISTRICT AND PENDING ON THE FILE OF THE HONBLE
ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-1, AT
HASSAN IN SPL.C.NO.33/2020.
THIS APPEAL, COMING ON FOR ADMISSON, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard Sri. K. C. Pratheep, learned counsel for
the appellant and Sri. Mahesh Shetty, learned High
Court Government Pleader for respondent No.1 -
State.
2. This appeal is filed under Section
14(A)(2) of the Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act challenging
CRL.A No. 2002 of 2022
the order dated 15.09.2022 in Spl. C.C.
No.33/2020 on the file of I Additional District and
Sessions Judge, Hassan.
3. The appellant is accused No.1. He moved
this Court on earlier occasions by filing Criminal
Appeal No.2764/2020 and Criminal Appeal
No.1401/2021. Criminal Appeal No.2764/2020 was
dismissed on merits. Appellant withdrew the
Criminal Appeal No.1401/2021.
4. The argument of Sri. K. C. Pratheep,
learned counsel for the appellant is that the
accused No.2 moved this Court by filing Criminal
Appeal No.1741/2022 challenging the order dated
15.09.2022 passed by the trial Court. This Court
allowed the appeal and granted bail to him and
therefore, on the ground of parity, accused No.1 is
now entitled to seek bail.
5. Sri. Mahesh Shetty, learned High Court
Government Pleader opposes the bail application
CRL.A No. 2002 of 2022
by submitting that in Criminal Appeal
No.1741/2022, the co-ordinate bench took into
consideration the evidence of CW.1. Noticing the
contradictions and inconsistency in evidence,
accused No.2 was admitted to bail, but it does not
mean that accused No.1 can also claim bail.
6. Though this is an appeal against the
order dated 15.09.2022, grant of bail to accused
No.2 is a subsequent event which can be taken
note of. Allegations against accused Nos.1 and
2 are same and if accused No.2 is admitted to bail,
bail cannot be denied to accused No.1. In this
view, this appeal deserves to be allowed. Order
dated 15.09.2022 is set aside.
7. Application filed by the appellant under
Section 439 of Cr.P.C. before the trial Court is
allowed and is admitted to bail on executing a
bond for Rs.2,00,000/- (Rupees Two Lakhs Only)
and providing two sureties for the likesum to the
CRL.A No. 2002 of 2022
satisfaction of the trial Court. The bail is subject
to following conditions:
1. He shall not tamper with the evidence
and any witnesses.
2. He shall not involve in any criminal case
in future.
3. He shall attend the trial Court regularly
till conclusion of trial.
SD/-
JUDGE
VBS
