T.M. Rajesha vs State By Kunigal P.S
2024 Latest Caselaw 3953 Kant

Karnataka High Court

T.M. Rajesha vs State By Kunigal P.S on 8 February, 2024

Author: Shivashankar Amarannavar

Bench: Shivashankar Amarannavar

                                                   -1-
                                                              NC: 2024:KHC:5380
                                                         CRL.A No. 2127 of 2023




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 8TH DAY OF FEBRUARY, 2024

                                               BEFORE
                      THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
                                 CRIMINAL APPEAL NO. 2127 OF 2023
                      BETWEEN:

                      1.    T.M. RAJESHA,
                            S/O MUNIYAPPA,
                            AGED ABOUT 40 YEARS,
                            R/AT THANGACHACHIHALLI VILALGE,
                            YADIYUR HOBLI,
                            KUNGIAL TALUK,
                            TUMAKURU - 572 130.
                                                                   ...APPELLANT

                      (BY SRI. RAVIKUMARA B.R.,ADVOCATE)
                      AND:

                      1.    STAET BY KUNIGAL P.S.
                            REP BY STATE PUBLIC PROSECUTOR
                            HIGH COURT BUILDING-560 001.

Digitally signed by   2.    PUTTAMAM,
LAKSHMINARAYANA
MURTHY RAJASHRI             W/O LATE DODDAIAH,
Location: HIGH              AGED 70 YEARS,
COURT OF
KARNATAKA                   R/AT AMBEDKAR NAGAR,
                            KUNIGAL TOWN,
                            TUMAKURU -572 130.
                                                                 ...RESPONDENTS
                      (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R-1
                          SRI S. RAJASHEKAR, ADVOCATE FOR R-2)

                           THIS CRL.A IS FILED U/S.14(A)(2) OF SC/ST (POA) ACT
                      PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED
                      19.06.2023 IN CRL.MISC.NO.770/2023 PASSED BY THE III
                      ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMAKURU
                             -2-
                                          NC: 2024:KHC:5380
                                    CRL.A No. 2127 of 2023




AND CONSEQUENTLY ALLOW THIS APPEAL BY GRANTING
ANTICIPATORY BAIL TO THE APPELLANT IN CR.NO.167/2023
FOR THE OFFENCE P/U/S 376(D), 506, 212, 201, 37, 38 OF IPC
AND SECTION 3(1)(s)(w)(i)(ii) AND 3(2)(v) OF SC/ST (POA)
ACT.

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                           JUDGMENT

This appeal is filed by the appellant - accused No.2

praying to set aside the order dated 19.06.2023 passed in

Crl.Misc.No.770/2023 by the III Additional District and

Sessions Judge, Tumkuru, whereunder, the anticipatory

bail application of the appellant - accused No.2 sought in

respect of Crime No.167/2023 of Kunigal Police Station

for the offences punishable under Sections 376-D, 506,

37, 38, 201, 212 of the Indian Penal Code, 1860 (for

short hereinafter referred to as "IPC") and Sections

3(1)(s)(w)(i)(ii) and 3(2)(v) of the Scheduled Castes and

the Scheduled Tribes (Prevention of Atrocities) Act, 1989

(for short hereinafter referred to as "the Act"), came to be

rejected.

NC: 2024:KHC:5380

2. At the time of addressing the arguments,

learned counsel for the appellant-accused No.2 submits

that accused No.1 has been granted regular bail and this

appellant-accused No.2 may be permitted to voluntary

surrender before the Trial Court and file bail application.

3. The said submission of learned counsel for the

appellant-accused No.2 is placed on record.

4. In view of the above submission, the appeal is

dismissed as not pressed with liberty to the appellant-

accused No.2 voluntarily surrender before the Sessions

Court and then file bail application.

5. If the appellant-accused No.2 voluntarily

surrenders and files bail application, the learned Sessions

Judge has to consider the said bail application on merits

and pass the order at the earliest.

Sd/-

JUDGE DSP