Karnataka High Court
Appaji @ Korama vs State By Nyamathi Police on 3 June, 2025
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NC: 2025:KHC:18593
CRL.A No. 853 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JUNE, 2025
BEFORE
THE HON'BLE MRS JUSTICE M G UMA
CRIMINAL APPEAL NO. 853 OF 2025 (U/S 14(A) (2))
BETWEEN:
APPAJI @ KORAMA
S/O BASAPPA @ BASAVARAJAPPA,
AGED ABOUT 27 YEARS,
RESIDING AT CHI. KADADAKATTE
VILLAGE NYAMATHI TALUK,
DAVANAGERE - 577 223
...APPELLANT
(BY SRI. RAJU C.N., ADVOCATE)
AND:
1. STATE BY NYAMATHI POLICE,
DAVANAGERE, REPRESENTED BY
SPP HIGH COURT OF KARNATAKA
AT BANGALORE - 560 009
2. CHYTHRA
Digitally W/O SHIVARAJA
signed by
SWAPNA V AGED ABOUT 28 YEARS,
Location: High RESIDING AT MARIGONDANAHALLI
Court of VILLAGE, NYAMATHI TALUK
Karnataka
DAVANAGERE - 577 223
...RESPONDENTS
(BY SRI. HARISH GANAPATHY, HCGP FOR R1)
THIS CRL.A. IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT, 2015
PRAYING TO SET ASIDE THE ORDER DATED 13.01.2025 PASSED BY
THE 2ND ADDL. DIST. AND SESSIONS JUDGE AT DAVANAGERE IN
SPL.C.NO.485/2024 AND ENLARGE THE APPELLANT ON REGULAR
BAIL, ARISING OUT OF CR.NO.200/2024 OF NAYAMATHI POLICE,
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NC: 2025:KHC:18593
CRL.A No. 853 of 2025
HC-KAR
FOR THE OFFENCE P/U/S 61(2), 74, 191(2), 191(3), 329(4), 351(3),
118(1), 115(2), 109(1), 189(4), 103(1), 352, 190 AND 62 AND FOR
THE OFFENCE P/U/S 3(1)(R), 3(1)(S), 3(2)(V), 3(1)(W), 3(2)(V-A)
OF PREVENTION OF ATROCITIES ACT, BY ALLOWING THIS APPEAL.
THIS CRL.A., COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE M G UMA
ORAL JUDGMENT
The appellant -accused No.5 is before this Court seeking
grant of bail under Section 14(A)(2) of the Scheduled Castes
and Scheduled Tribes (Prevention of Atrocities) Act, 1989
(hereinafter referred to as 'SC/ST Act' for short) in Crime
No.200 of 2024 of Nyamathi Police Station, registered for the
offences punishable under Sections 61(2), 74, 191(2), 191(3),
329(4), 351(3), 118(1), 115(2), 109(1), 189(4), 103(1), 352,
190 and 62 of Bharatiya Nyaya Sanhita (for short 'the BNS),
2023 and for the offences punishable under Sections 3(1)(r),
3(1)(s), 3(2)(v), 3(1)(w), 3(2)(v-a) of the Scheduled Castes
and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for
short 'SC/ST Act') on the basis of the first information lodged
by informant- Chythra.
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2. Heard Sri.Raju C.N., learned Counsel for the
appellant and Sri.Harish Ganapathy, learned High Court
Government Pleader for the respondent No.1-State. Perused
the materials on record.
3. In view of the rival contentions urged by the
learned counsel for both the parties, the point that would arise
for my consideration is:
"Whether the appellant is entitled for grant
of bail under Section 14(A)(2) of SC/ST
(Prevention of Atrocities) Act, 1989?"
My answer to the above point is in 'Affirmative' for the
following:
REASONS
4. The injured - informant has given first information
regarding the incident, upon which, the FIR came to be
registered for the offences as stated above. After investigation,
the charge sheet came to be filed for the above said offences
against accused Nos.1 to 13. It is stated that the appellant was
apprehended on 23.09.2024 and since then he is in judicial
custody.
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5. As per the charge sheet, the main assailants are
accused Nos.1 and 2. Accused No.1 is the member of Grama
Panchayath and accused No.2 is his son and they are influential
persons. They were having motive to cause the death of the
deceased and to assault CW1. Ofcourse, this appellant as well
as co-accused being the supporters of accused No.1, joined
hands with them in commission of the offences.
6. Learned counsel for the appellant has produced the
copy of the order dated 09.04.2025 passed in
Crl.A.No.337/2025 c/w Crl.A.No.482/2025, Crl.A.No.594/2025
and contended that accused Nos.3, 4, 6, 7 and 11 to 13 against
whom similar allegations are made and are already enlarged on
bail by the co ordinate Bench of this Court. This fact is not
denied by the learned High Court Government Pleader. When
the co-accused against whom similar allegations are made and
are already enlarged on bail by the Co-ordinate Bench of this
Court, I do not find any reason to deny the benefit of parity to
the appellant. Therefore, I am of the opinion that the appellant
may be granted bail subject to conditions, which will take care
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of the interest of the prosecution as well as the interest of the
complainant and the witnesses.
7. Accordingly, I answer the above point in the
affirmative and proceed to pass the following:
ORDER
The appeal is allowed.
The appellant is ordered to be enlarged on bail in Crime
No.200/2024 of Nyamathi Police Station, on obtaining the bond
in a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two
sureties for the likesum to the satisfaction of the jurisdictional
Court, subject to the following conditions:
a). The appellant shall not commit similar
offences.
b). The appellant shall not threaten or tamper
with the prosecution witnesses.
c). The appellant shall appear before the Court
as and when required.
If in case, the appellant violates any of the conditions as
stated above, the prosecution will be at liberty to move the
Trial Court seeking cancellation of bail.
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HC-KAR
On furnishing the sureties by the appellant, the Trial
Court is at liberty to direct the Investigating Officer to verify
the correctness of the address and authenticity of the
documents furnished by the appellant and the sureties and a
report may be called for in that regard, which is to be
submitted by the Investigating Officer within 5 days. The Trial
Court on satisfaction, may proceed to accept the sureties for
the purpose of releasing the appellant on bail.
SD/-
(M G UMA)
JUDGE
BH
