Karnataka High Court
Manikanta @ Mani vs The State Of Karnataka on 27 May, 2024
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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NC: 2024:KHC:17606
CRL.A No. 258 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF MAY, 2024
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL No. 258 OF 2024
BETWEEN:
MANIKANTA @ MANI
S/O LATE NAGARAJU
AGED ABOUT 26 YEARS
R/O NEAR ANGANAVADI
UDAYANAGAR
BENGALURU - 560 016.
...APPELLANT
(BY SRI PAVAN KUMAR G, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY MAHADEVAPURA P.S
REP BY SPP
HIGH COURT BUILDING
BANGALORE - 560 001.
Digitally signed by
LAKSHMINARAYANA
MURTHY RAJASHRI 2. SMT. PADMAVATHIYAMMA @ PADMAVATHI
Location: HIGH W/O LATE SRINIVAS H V
COURT OF
KARNATAKA AGED ABOUT 47 YEARS
R/O No.2, 3RD CROSS
NEAR GANGAMMA TEMPLE
MAHADEVAPURA
BENGALURU - 560 048.
...RESPONDENTS
(BY SRI B. LAKSHMAN, HCGP FOR R-1
SRI. SANDEEP C T, ADVOCATE FOR R-2 - ABSENT)
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NC: 2024:KHC:17606
CRL.A No. 258 of 2024
THIS CRL.A. IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT,
2015 PRAYING TO SET ASIDE THE ORDER DATED 27.11.2023
IN CRL.MISC.No.10850/2023, ON THE FILE OF LXX
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, SPECIAL
JUDGE, BENGALURU (CCH-71) AND ETC.,
THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the appellant-accused No.7
praying to set-aside the order dated 27/11/2023 passed in
Crl.Misc.No.10850/2023, by the LXX Additional City Civil
and Sessions Judge and Special Judge, Bengaluru,
whereunder the bail petition of this appellant-accused No.7
sought in respect of Crime No.208/2023 of Mahadevapura
Police Station registered for the offences punishable under
Sections 302, 201 and 120(B) r/w Section 34 of the Indian
Penal Code, 1860 (for short hereinafter referred to as
'IPC') and Sections 3(1)(s), 3(1)(r) and 3(2)(v) of the
Scheduled Castes and the Scheduled Tribes (Prevention of
Atrocities) Act, 1989 (for short hereinafter referred to as
"the SC/ST Act"), came to be rejected.
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2. Heard the arguments of learned counsel for the
appellant-accused No.7 and learned High Court
Government Pleader for respondent No.1-State. Learned
counsel for respondent No.2 is not present.
3. Case of the prosecution is that; the complaint
came to be filed stating that, on 25.05.2023 at about 9.00
p.m., when the complainant and his friend deceased
Sri.Renukumar were going in two wheeler near Aviva
Gym, one Sri.Kishore, the Sri.Prashanth @ Chotu and his
two friends came near him and started to assault the
deceased with long choppers and caused bleeding injuries
to the deceased and the deceased fell down and they ran
away from the spot. The deceased was shifted to the
hospital, but, he succumbed to the injuries. After
investigation, charge sheet came to be filed for the
offences under Sections 302, 201 and 120(B) r/w Section
34 of IPC and Sections 3(1)(r), 3(1)(s) and 3(2)(v) of the
SC/ST Act.
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4. This appellant has been arrayed as accused
No.7. The accusation in the charge sheet is that the
appellant - accused No.7 conspired with accused Nos.1 to
6 and 8 to kill the deceased. In furtherance of the said
conspiracy the deceased who was moving on his two
wheeler with complainant, accused Nos. 1 to 3 assaulted
with long choppers and caused severe injuries and the
deceased succumbed to the injuries in the hospital. This
appellant-accused No.7 came to be arrested on
01.06.2023 and he is in judicial custody. The appellant-
accused No.7 filed Crl.Misc.No.10850/2023 seeking bail
and the same came to be rejected by the impugned order
dated 27.11.2023, which is challenged in this appeal.
5. Learned counsel for the appellant-accused No.7
would contend that the allegation against this appellant-
accused No.7 is only a conspiracy with the other accused
to kill the deceased. Appellant -accused No.8 who has
been granted bail by this Court is also accused of
conspiracy with the other accused to kill the deceased. He
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further submits that appellant -accused No.7 was not
present on the spot at the time of the incident. With this,
he prays to allow the appeal and grant bail to the
appellant -accused No.7.
6. Per Contra, learned High Court Government
would contend that the offences alleged against this
appellant-accused No.7 are heinous offences punishable
with death or imprisonment for life. This appellant-accused
No.7 is rowdy sheeter of Mahadevapura Police Station, if
he is granted bail there are chances of tampering the
prosecution witnesses. With this, he prayed to dismiss the
appeal.
7. Having heard learned counsel for the appellant-
accused No.7 and learned High Court Government Pleader
for respondent No.1-State, this Court has perused the
impugned order, charge sheet materials.
8. Appellant -accused No.7 was not present on the
spot at the time of the incident. The allegation of assault
on the deceased is by accused Nos.1 to 3. The only
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allegation against this appellant -accused No.7 is that he
has conspired with other accused to kill the deceased.
Accused No.8 who is similarly placed to that of this
appellant-accused No.7 has been granted bail by this
Court. Therefore, this appellant -accused No.7 is entitled
for grant of bail on the ground of parity. In the result the
following
ORDER
i) The appeal is allowed.
ii) The impugned order dated 27.11.2023 passed
in Crl.Misc.No.10850/2023 by the LXX
Additional City Civil and Sessions Judge and
Special Judge, Bengaluru, is set aside. The bail
petition is allowed. The appellant-accused No.7
is ordered to be released on bail in Crime
No.208/2023 of Mahadevapura Police Station,
subject to following conditions:
a) The appellant-accused No.7 shall
execute a personal bond for a sum of
Rs.1,00,000/- (Rupees One Lakh
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only) with one surety for the likesum
to the satisfaction of the jurisdictional
Court.
b) The appellant-accused No.7 shall not
threaten the complainant or tamper
the prosecution witnesses.
c) The appellant-accused No.7 shall co-
operate with the Investigating Officer
in further investigation if any.
d) The appellant-accused No.7 shall
appear before the Trial Court on all
the dates of hearing, unless
exempted and co-operate for speedy
disposal of the case.
e) The appellant-accused No.7 shall not
commit any offence during the
pendency of the case registered
against him.
Sd/-
JUDGE
DSP
