Karnataka High Court
Sri Mallesha S A @ Madhugiri Mallesha vs The State Of Karnataka on 3 February, 2025
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
-1-
NC: 2025:KHC:4857
CRL.A No. 1875 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL APPEAL NO. 1875 OF 2024
BETWEEN:
SRI MALLESHA S A @
MADHUGIRI MALLESHA
S/O LATE ANJINAPPA
AGED ABOUT 33 YEARS
SOMPURA VILLAGE
KASABA HOBLI,
MADHUGIRI TALUK
TUMKUR DISTRICT.
...APPELLANT
(BY SRI. ROSHAN M C.,ADVOCATE)
AND:
Digitally 1. THE STATE OF KARNATAKA
signed by
LAKSHMI T BY KYATHASANDRA POLICE STATION
Location:
High Court TUMKUR REP BY THE PUBLIC PROSECUTOR,
of Karnataka
HIGH COURT OF KARNATAKA
BENGALURU-560001.
2. KRISHNAMURTHY
S/O PUTTANARASAIAH
AGED ABOUT 62 YEARS
R/AT 5TH CROSS,
WARD NO.22, BATAWADI
TUMKUR-572103.
...RESPONDENTS
-2-
NC: 2025:KHC:4857
CRL.A No. 1875 of 2024
(BY SRI.A. RAVANAPPA., ADVOCATE FOR R2;
MS. ASMA KOUSER, ADDL. SPP)
THIS CRL.A IS FILED U/S 14(A)2) OF SC/ST (POA)
ACT R/W SECTION 439 OF CODE OF CRIMINAL
PROCEDURE PRAYING TO SET ASIDE IMPUGNED ORDER
PASSED BY THE HONBLE PRL.CITY CIVIL AND SESSIONS
JUDGE (CCH-01) AT BENGALURU VIDE ORDER DATED
08.08.2023 REJECTING THE BAIL PETITION FILED BY THE
APPELLANT AND FURTHER PRAYS THIS HONBLE COURT
TO GRANT AN ORDER OF REGULAR BAIL IN CONNECTION
WITH CR.NO.222/2018 REGISTERED ON THE FILE OF
KYATHSANDRA P.S. FOR THE OFFENCE P/U/S
143,147,148,120B,212,302,201 R/W 149 OF IPC AND
SEC.3(2)(V) OF SC/ST ACT AND SEC.3(1)(i)(2) (3)(4) OF
KARNATAKA CONTROL OF ORGANIZED CRIME ACT 2000
PENDING ON THE FILE OF PRL.CITY CIVIL AND
SESSIONS JUDGE AT BENGLAURU IN SPL.C.NO.444/2019
BY IMPOSING CONDITIONS.
THIS APPEAL, COMING ON FOR ADMISSION, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ
-3-
NC: 2025:KHC:4857
CRL.A No. 1875 of 2024
ORAL JUDGMENT
This appeal under Section 14A(2) of the Scheduled
Castes and Scheduled Tribes(Prevention of Atrocities) Act,
1989 [for short, 'SC/ST (POA) Act'] is preferred by
accused No.3 praying to set aside the order passed by the
learned Sessions Judge rejecting his application seeking
bail and consequently to enlarge him on bail in Crime
No.222/2018 registered at Kyathasandra Police Station,
Tumakuru, now pending in Spl.CC No.444/2019 before the
Principal City Civil and Sessions Judge, at Bengaluru.
2. Heard the learned counsel for the appellant,
learned Additional State Public Prosecutor for the State,
learned counsel for the complainant and perused material
on record.
3. Appellant and two other accused are facing trial
before the Special Court for offences punishable under
sections 143, 147, 148, 120-B, 212, 302, 201 read with
149 IPC, section 3(2)(V) of the SC/ST (POA) Act and
NC: 2025:KHC:4857
section 3(1)(i), (2), (4) of the Karnataka Control of
Organised Crime Act, 2000.
4. Accused persons are alleged to have committed
the murder of one Ravi Kumar on 13.09.2018 at about
8.30pm near Muthappa Tea Stall, Batawade, Tumakuru
assaulting him with deadly weapons like longs, dagger,
etc. Motive for the offence is that petitioner/accused No.3
and deceased were friends and both were rowdy elements.
Appellant was instrumental in deceased winning Tumakuru
City Municipal Election in the year 2013. In the year
2016, deceased became Deputy Mayor of Tumakuru City
Corporation and during 2017-18, became the Mayor.
Being jealous of the popularity gained by the deceased, he
conspired with other accused persons to commit his
murder. In furtherance of the said conspiracy, on
13.09.2018, accused persons travelled in a tempo carrying
weapons and went to the spot, where the deceased was
sitting near a Tea Stall in Batawadi, Tumakuru. They
NC: 2025:KHC:4857
sprinkled chilly powder on his face and attacked him with
longs and dagger and committed his murder.
5. Appellant had preferred Criminal Appeal
No.1708/2021 before this Court. The said appeal was
disposed of by an order dated 28.06.2022 reserving liberty
to him to file a fresh bail petition before the trial court
after the examination of eye witnesses.
6. Learned Sessions Judge vide order dated
08.08.2023 in Spl.CC No.444/2019, has dismissed the bail
petition preferred by him, hence this appeal.
7. Learned Additional State Public Prosecutor has
filed statement of objections. She has contended that
appellant is involved in more than six criminal cases, prior
to the commission of present offence and after
registration of the case, he is arraigned as an accused in
three more criminal cases. She contended that he has
been identified by the eye witnesses in the Test
Identification Parade and in view of the nature and gravity
NC: 2025:KHC:4857
of the offence committed, he is not entitled for bail. She
has further contended that one of the eye witness,
namely, CW.3 was murdered subsequent to filing of the
charge sheet and the appellant is an accused in the said
case.
8. Learned counsel for the appellant has contended
that out of 12 accused persons, accused nos.4 to 10 and
12 are already granted bail. This court while rejecting the
prayer of the appellant has reserved liberty to him to file a
fresh petition after the examination of eye witnesses. Now
all the eye-witnesses are examined by the trial Court and
none of them have supported the case of prosecution. The
appellant is in judicial custody from 17.11.2018. He
contended that the appellant has been arraigned as an
accused in the subsequent criminal cases even though he
was in judicial custody during the registration of those
cases. He submitted that appellant is ready and willing to
abide by conditions that may be imposed by the court and
accordingly sought to enlarge him on bail.
NC: 2025:KHC:4857
9. It is not in dispute that accused Nos. 4 to 10 and
12 are on bail. As per charge sheet allegations, accused
Nos.1 to 4,8,9, and 11 assaulted the deceased with longs
and dagger indiscriminately all over his body and
committed his murder. Similarly placed accused No.4, 8
and 9 are on bail. Admittedly, petitioner was arrested on
17.11.2018. Hence, at the time of the murder of CW.3, he
was in judicial custody.
10. This Court while disposing of Criminal Appeal
No.1708/2021 vide order dated 28.06.2022, reserved
liberty to the appellant to file a fresh petition before the
trial Court once the examination of eye witnesses is
concluded. According to prosecution, CWs. 1 to 6 are the
eye witnesses. The said witnesses are already examined.
It is contended that they have not supported the
prosecution case. The evidence adduced by them cannot
be appreciated at this stage, however, the fact remains
that the eye witnesses are already examined by the trial
NC: 2025:KHC:4857
Court. Hence, question of tampering the said witnesses by
the appellant does not arise.
11. A Coordinate bench of this Court has granted
bail to accused No.8 against whom similar overt acts are
attributed.
12. There are in all 225 witnesses cited in the
charge sheet and as of now only 19 witnesses are
examined. Appellant was arrested on 17.11.2018. He has
undergone more than six years of imprisonment.
13. Considering the above facts and circumstances,
by imposing stringent conditions, relief sought for in this
petition can be granted. Accordingly, the following:-
ORDER
Appeal is allowed.
Appellant/accused No.3 in Crime No.222/2018
registered at Kyathasandra Police Station, Tumakuru now
pending in Spl.CC No.444/2019 before the Principal City
NC: 2025:KHC:4857
Civil and Sessions Judge, at Bengaluru, shall be enlarged
on bail, subject to following conditions:
1. He shall execute a personal bond for a
sum of Rs.2,00,000/- (Rupees Two
Lakhs only) with two sureties for the
likesum to the satisfaction of the
jurisdictional Court.
2. He shall furnish proof of his
residential address and shall inform
the Court, if there is change in the
address.
3. He shall not directly or indirectly
tamper with the prosecution
witnesses.
4. He shall not indulge in committing any
offence.
5. He shall appear before the trial Court
regularly on all dates of hearing.
6. He shall mark his attendance before
the Kyathsandra Police Station on
every second Sunday of the month
between 9am and 12noon till disposal
of the case or until further orders.
- 10 -
NC: 2025:KHC:4857
Violation of any of the conditions shall result in
cancellation of bail.
Sd/-
(MOHAMMAD NAWAZ)
JUDGE
NV
