Karnataka High Court
Manjunath M G vs The State Of Karnataka on 6 November, 2023
Bench: Mohammad Nawaz
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NC: 2023:KHC:39486
CRL.A No. 1502 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL APPEAL NO. 1502 OF 2022
BETWEEN:
MANJUNATH. M. G.
S/O MARAPPA,
AGED ABOUT 39 YEARS,
R/A NO.80,
NEAR ANJANEYA TEMPLE,
GULAKAMAL THARALU,
BENGALURU-560 082.
...APPELLANT
(BY SRI. ARUN BANGERA and NAGENDRA.,ADVOCATES)
AND:
1. THE STATE OF KARNATAKA
BY THALAGHATTAPURA POLICE STATION,
Digitally REP BY STATE PUBLIC PROSECUTOR,
signed by HIGH COURT COMPLEX,
SUMITHRA R BANGALORE-560001.
Location: 2. R.MUNESH
High Court of S/O RAMAIAH,
Karnataka KAGALLIPURA VILLAGE, POST,
UTTARAHALLI HOBLI,
BENGALURU SOUTH TALUK,
BENGALURU.
...RESPONDENTS
(BY SRI. SOWMYA.R.,HCGP)
THIS CRL.A. IS FILED U/S.14(A)(2) OF SC/ST (POA) PRAYING
TO SET ASIDE THE ORDER IN CRL.MISC.NO.655/2022 DATED
21.04.2022, PASSED BY THE HON'BLE COURT II ADDITIONAL
DISTRICT AND SESSIONS JUDGE & SPECIAL JUDGE AT BENGALURU
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CRL.A No. 1502 of 2022
RURAL DISTRICT. THE APPELLANT IN THE EVENT OF HIS ARREST IN
SPL.C.NO.184/2014 (IS ARISING OUT OF CR.NO.98/2008) OF
THALGHATTAPURA POLICE STATION FOR THE OFFENCE
P/U/S.143,147,148,341,307,506,120-B R/W SEC.34 OF IPC AND
SEC.3(2)(v) OF SC/ST (POA) ACT, 1989, PENDING BEFORE THE
HONBLE II ADDITIONAL DISTRICT AND SESSIONS JUDGE AT
BENGALURU RURAL DISTRICT IN THE EVENT OF PETITIONER
ARREST BY THE RESPONDENT POLICE.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This case is being listed for the Fifth Time, for
furnishing of process fee etc., to issue notice to
respondent No.2. So far the needful has not been done.
The order sheet reveal that the learned counsel for
appellant has continuously remained absent which was
noted down in the order dated 19.06.2023. Even today the
learned counsel for the appellant is not present.
2. This appeal is preferred against the order dated
21.04.2022 passed by the Court of II Additional District
and Sessions Judge and Special Judge, Bengaluru Rural
district, Bengaluru, in Crl.Misc.No.655/2022, whereby the
petition filed under Section 438 of Cr.P.C. was rejected.
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CRL.A No. 1502 of 2022
3. Charge sheet is filed for offences punishable
under Section 120B, 143, 147, 148, 341, 307, 506 read
with 34 of IPC and Section 3(2)(v) of SC/ST (POA) Act,
1989, showing the appellant / accused No.6 as
absconding. Inspite of issuance of Non-Bailable Warrants,
till 2014, the appellant was not secured, hence the case
against him was split up and numbered as
Spl.C.No.184/2014. Subsequently, the Trial against the
rest of the accused was held in Spl.C.No.89/2008 and
Spl.C.No.50/2009 and the said accused were acquitted.
4. The acquittal of other accused persons itself is
not a ground to grant anticipatory bail to the appellant
who is absconding. The incident is of the year 2008. The
appellant's bail petition filed under Section 438 of Cr.P.C.
was rejected by the learned Sessions Judge by an order
dated 21.04.2022. The charge sheet material prima facie
reveal that the accused has made galata with the victim
and also abused him and insulted him by referring to his
caste. Considering the complaint averments and Charge
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CRL.A No. 1502 of 2022
sheet materials, the prosecution has prima facie made out
a case for not granting bail as prayed. In the facts and
circumstances, the appellant is not entitled for the relief
sought in this appeal.
5. The appeal is therefore dismissed.
6. The appellant is at liberty to surrender before
the Trial Court and seek for regular bail and in that event,
the said petition shall be considered and disposed of in
accordance with law.
Sd/-
JUDGE
LDC
