Karnataka High Court
Sarvesh vs State Of Karnataka on 3 March, 2023
Bench: K.S.Mudagal
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CRL.A No. 84 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF MARCH, 2023
BEFORE
THE HON'BLE MRS JUSTICE K.S.MUDAGAL
CRIMINAL APPEAL NO.84 of 2023
BETWEEN:
SARVESH
S/O PAPANNA
AGED ABOUT 32 YEARS
R/AT NO. 540 NEAR GOVT. SCHOOL
VEERASANDRA VILLAGE
ATTIBELE HOBLI, HEBBAGODI
BANGALORE DISTRICT -560 070
NOW IN JUDICIAL CUSTODY
CENTRAL PRISON BANGALORE ...APPELLANT
(BY SRI. CHANDRASHEKAR H B, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY ELECTRONIC CITY POLICE
BANGALORE (R) DISTRICT -562106
REPRESENTED BY LEARNED SPP
HIGH COURT OF KARNATAKA
Digitally
signed by D BANGALORE -560001
K BHASKAR
Location: 2. MANJUNATH R
High Court S/O LATE RAMAIAH
of Karnataka AGED ABOUT 39 YEARS
R/AT NO.645 NEAR YALLAMMA TEMPLE
VEERASANDRA VILLAGE
ELECTRONIC CITY POST
BANGALORE - 560100 ...RESPONDENTS
(BY SRI.RAHUL RAI K, HCGP FOR R1;
R2 SERVED & UNREPRESENTED)
THIS CRIMINAL APPEAL IS FILED U/S.14(A)(2) OF SC/ST
ACT PRAYING TO SET ASIDE THE ORDER DATED 25.11.2022
PASSED BY THE II ADDL. DISTRICT AND SESSIONS AND SPL.
JUDGE, BENGALURU RURAL IN CRL.MISC.NO.2074/2022 AND ETC.
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CRL.A No. 84 of 2023
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This is the third successive appeal of accused No.3
seeking bail in Crime No.39/2017 of Electronic City Police
Station which is now pending in Special Case No.114/2017 on
the file of the II Addl. District and Sessions & Special Judge,
Bengaluru Rural District.
2. It is alleged that the appellant along with accused
Nos.1, 2 and 4 to 7 due to some illwill conspired to commit
murder of Srinivas. It is further alleged that in execution of
such conspiracy on 09.02.2017 at 4.45 p.m. near garment
factory of Electronic city, the accused stabbed Srinivas with
dagger and knife and committed his murder.
3. The allegation of stabbing the victim with dagger
and knife are against accused No.2 and the present appellant.
Earlier two applications of the appellant were rejected on the
ground that there are eye witnesses to the incident and that
was upheld by this Court in Crl.P.No.5562/2018 and Crl.A.
No.45/2022.
CRL.A No. 84 of 2023
4. The present appeal is filed on the ground that out
of three witnesses, 2 witnesses have turned hostile and the
other eye witness CW.19 is not being secured since long time.
The copy of the order sheet in Spl.Case No.114/2017 is also
produced which shows that the Police have reported that
CW.19 is not traceable. The other two eye witnesses have
not supported the prosecution case. Out of 48 charge-sheet
witnesses so far only 9 witnesses are examined.
5. The appellant is in judicial custody since
17.02.2017. Ultimately, if the matter ends in acquittal, the
liberty lost by the appellant due to pretrial detention cannot
be compensated in any other terms. Under the circumstances,
it is a fit case to grant bail with stringent conditions.
Therefore, the following:
ORDER
The appeal is allowed.
The impugned order dated 25.11.2022 passed by the II
Addl. District and Sessions & Special Judge in
Crl.Misc.No.2074/2022 is hereby set aside.
CRL.A No. 84 of 2023
The appellant/accused No.3 is granted bail in Spl.Case
No.114/2017 on the file of II Addl. District and Sessions &
Special Judge, Bengaluru Rural District, Bengaluru subject to
the following conditions:
(i) The appellant shall execute personal bond in a
sum of Rs.50,000/-(Rupees Fifty Thousand
only) with two sureties in the like sum to the
satisfaction of the trial Court;
(ii) He shall appear before the Court as and when
required for trial;
(iii) He shall not tamper the prosecution witnesses in
any manner.
(iv) He shall mark his attendance before the
Investigating Officer on alternate Sundays of each
month till the completion of the trial.
Communicate the copy of this order to the trial Court
and the concerned prison.
Sd/-
JUDGE
AKC
