Sridhara vs The State Of Karnataka By
2023 Latest Caselaw 2091 Kant

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                                                           CRL.A No. 2228 of 2022




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 30TH DAY OF MARCH, 2023

                                               BEFORE
                    THE HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR
                               CRIMINAL APPEAL NO. 2228 OF 2022
                   Between:

                   Sridhara
                   S/o. Girish,
                   Aged about 21 years,
                   R/at Krishnappa House,
                   4th Cross, Behind Omshakthi Temple,
                   Sanjeeveni Nagar,
                   Hegganahalli Cross,
                   Bengaluru-560 092.
                                                                       ...Appellant
                   (By Sri M.Prakasha, Advocate)

                   And:

                   1.    The State of Karnataka by
Digitally signed         Rajagopalanagar Police Station,
by C K LATHA             Bengaluru-560 058,
Location: HIGH           Represented by State Public Prosecutor,
COURT OF
KARNATAKA                High Court Complex,
                         Bengaluru-560 001.

                   2.    Smt. Sitamma
                         W/o. Narasaiah,
                         Aged about 48 years,
                         R/at No. 193/1,
                         5th Cross, Kasturi Road,
                         Rajagopalanagar,
                         Bengaluru-560 079.
                                                                    ...Respondents
                   (By Sri K.Rahul Rai, HCGP, for R1,
                    R2 - served, unrepresented)
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                                       CRL.A No. 2228 of 2022




      This Criminal Appeal is filed u/s.14(A) (2) of SC/ST (POA)
Act, 2015 praying to set aside the order dated 21.11.2022 in
Spl.C.No.646/2021 passed by the LXX Additional City Civil and
Sessions Judge and Special Judge, Bengaluru and to enlarge
the appellant on bail in Spl.C.No.646/2021 (Cr.No.6/2021) of
respondent no.1 i.e., Rajagopalanagara Police Station for the
offence p/u/s 143, 144, 148, 323, 324, 302, 201, 120B, 504
r/w 34 of IPC, section 25(1)(B)(b) r/w 4 of Arms Act and
section 3(2)(v) of SC/ST (POA) Act.

      This Criminal Appeal coming on for admission this day,
the court delivered the following:

                         JUDGMENT

Heard the learned counsel for the appellant and the

learned Government Pleader for respondent No.1/state.

The second respondent is served through investigating

officer and she has not entered appearance.

2. This is an appeal under section 14A of the

Scheduled Castes and the Scheduled Tribes (Prevention of

Atrocities) Act challenging the order dated 21.11.2022

passed by the Additional City Civil and Sessions Judge and

Special Judge (CCH71), Bengaluru, on an application filed

under section 439 Cr.P.C in Spl. Case. 646/2021. The

appellant is accused No.16 in the charge sheet. The case

CRL.A No. 2228 of 2022

pertains to homicidal death of one Srinivas, the brother of

the second respondent.

3. At the outset it may be stated that the offence

under the provisions of the Scheduled Castes and the

Scheduled Tribes (Prevention of Atrocities) Act cannot be

invoked because in the charge sheet there is nothing to

indicate that the entire incident took place in the

background of caste enmity. What is forthcoming is

enmity between the deceased and one Bharath was the

reason for the incident to take place.

4. It is not in dispute that already accused 8, 9, 12

and 17 have been admitted to bail. It is submitted by the

learned counsel for the appellant that in spite of the fact

that the bail granted to accused 8, 9, 12 and 17 was

brought to the notice of the trial court, it was ignored, bail

was rejected. Perusal of the order sheet shows that the

appellant herein also stands on the same footing with that

of accused 8, 9, 12 and 17. In fact accused No.12 was

admitted to bail by this court by order dated 29.11.2022 in

CRL.A No. 2228 of 2022

Criminal Appeal No. 1864/2022. In this view of the

matter, if bail is rejected to the appellant, it would amount

to discrimination. Hence, appeal deserves to be allowed.

Therefore the following : -

ORDER

Appeal is allowed.

The order passed by the LXX Additional City Civil and Sessions Judge and Special Judge, Bengaluru (CCH-71) dated 21.11.2022 in Spl. Case No.646/2021 on the application of the appellant under Section 439 Cr.P.C. is set aside. The said application is allowed.

The appellant is admitted to bail on obtaining from him a bond for Rs.2,00,000/- (Two Lakhs only) and two sureties for the likesum to the satisfaction of the trial court. The appellant is also subjected to following conditions:-

CRL.A No. 2228 of 2022

i. He shall not tamper with the evidence and threaten the witnesses.

ii. He shall regularly appear before the trial court till conclusion of the trial.

iii. He shall mark his attendance in the jurisdictional police station once in week preferably on Sunday between 9 am and 12 noon till conclusion of trial.

iv. He shall not get involved in any other criminal case/s in future. If the appellant gets involved in any criminal case in future, the court below may cancel the bail soon after the same is brought to its notice.

Sd/-

JUDGE

CKL