Karnataka High Court
Sri M Venkatesh vs State Of Karnataka on 17 June, 2025
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NC: 2025:KHC:20777
CRL.A No. 744 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF JUNE, 2025
BEFORE
THE HON'BLE MRS JUSTICE M G UMA
CRIMINAL APPEAL NO. 744 OF 2025 (U/S 14(A) (2))
BETWEEN:
1. SRI. M. VENKATESH,
AGED ABOUT 38 YEARS,
S/O. LATE MUNIYAPPA
PERMANENT RESIDENT OF
RAMASANDRA VILLAGE,
NARASAPURA HOBLI,
KOLAR TALUK - 563 133.
2. SRI. SUBASH,
AGED ABOUT 22 YEARS,
S/O. SRI. MAHESH KUMAR,
PERMANENT RESIDENT OF
RAMASANDRA VILLAGE,
NARASAPURA HOBLI,
KOLAR TALUK - 563 133.
...APPELLANTS
(BY SRI. RAGHAVENDRA .K., ADVOCATE)
Digitally signed AND:
by SWAPNA V
1. STATE OF KARNATAKA
Location: High
Court of BY THE STATION HOUSE OFFICER,
Karnataka VEMAGAL POLICE STATION, KOLAR,
REPRESENTED BY THE SPP.,
HIGH COURT OF KARNATAKA,
BENGALURU - 560 001.
2. SRI. PRAVEEN R,
AGED ABOUT 35 YEARS,
S/O. RAMAPPA,
RESIDING AT RAMASANDRA
VILLAGE, NARASAPURA HOBLI,
KOLAR TALUK AND DISTRICT - 563 133.
...RESPONDENTS
(BY SRI. HARISH GANAPATHY, HCGP FOR R1
SRI. M.C. VENKATARANGAIAH, ADVOCATE FOR R2)
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NC: 2025:KHC:20777
CRL.A No. 744 of 2025
HC-KAR
THIS CRL.A IS FILED U/S 14(A)2) OF SC/ST (POA) ACT
PRAYING TO SET ASIDE THE ORDER DATED 09.10.2024 AND TO
GRANT THEM REGULAR BAIL IN SPL.S.C.NO.12/2024 FOR THE
OFFENCE WHICH ARE MADE PENAL UNDER SEC.143, 147, 148, 323,
324, 307, 302, 504, 506 R/W 149 OF IPC AND SEC.3(1)(R), 3(1)(S),
3(2)(V) OF SC/ST (POA) ACT PENDING ON THE FILE OF THE II
ADDL.DISTRICT AND SESSIONS JUDGE KOLAR.
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 appellants being accused Nos.7 and 8 are 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 'the SC/ST Act'
for short) in Crime No.98/2024 of Vemagal Police Station,
Kolar, pending before the learned II Additional District and
Sessions Judge at Kolar, in Spl.S.C.No.12/2024 registered for
the offences punishable under Sections 143, 147, 148, 302,
307, 323, 324, 504 and 506 read with Section 149 of IPC and
Section 3(1)(r), 3(1)(s) and 3(2)(v) of the SC/ST Act, on the
basis of the first information lodged by informant-Sri.Praveen
R.
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2. Heard Sri. Raghavendra K., learned counsel for the
appellants, Sri. Harish Ganapathy, learned High Court
Government Pleader for respondent No.1-State and Sri.
M.C.Venkatarangaiah, learned counsel for respondent No.2.
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 appellants are 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 appellants are arrayed as accused Nos.7 and 8 in
the charge sheet filed for the offences under Sections 143, 147,
148, 323, 324, 307, 302, 504 and 506 read with Section 149 of
IPC and Section 3(1)(r), 3(1)(s) and 3(2)(v) of the SC/ST Act.
They were apprehended on 06.05.2024 and since then they are
in judicial custody. Serious allegations are made against all the
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accused Nos.1 to 16 for having committed the offences
including the offence under Section 302 of IPC. According to
the charge sheet filed by the Investigating Officer, there are
eyewitnesses to the incident.
5. Learned counsel for the appellants has produced the
order granting bail to accused No.11. As per the charge sheet,
accused Nos.11 and 12 have assaulted the deceased with iron
rod and pipe on his legs. It is stated that accused Nos.11 and
12 are enlarged on bail, so also accused Nos.13, 14, 15 and 16.
On going through the charge sheet, it is alleged that accused
No. 7 assaulted the deceased with pipe on his legs, accused
No.8 assaulted deceased with club on his right shoulder.
Therefore, the overt acts alleged against the appellants herein
and accused Nos.11 and 12 are similar.
6. Learned counsel for the appellants submits that
accused No.11 does not belong to Scheduled Caste or
Scheduled Tribe. Even the provisions of special enactments
were invoked against him and in-spite of that, he has been
granted bail. The said fact is not disputed either by the learned
HCGP or by the learned counsel for respondent No.2.
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Admittedly, the respondents have not challenged the orders
granting bail in favour of accused Nos.11 and 12 who were
similarly placed.
7. It is not the contention of the prosecution that the
appellants are required for further investigation and that they
are having any criminal antecedents. Considering the facts and
circumstances of the case, I am of the opinion that the
appellants may be granted bail on the ground of parity subject
to conditions, which will take care of the interest of the
prosecution as well as interest of the complainant and the
witnesses.
8. Accordingly, I answer the above point in the
affirmative and proceed to pass the following:
ORDER
The appeal is allowed.
The appellants-accused Nos.7 and 8 are ordered to be
enlarged on bail in Crime No.98/2024 of Vemagal Police
Station, Kolar, registered for the offences punishable under
Sections 143, 147, 148, 302, 307, 323, 324, 504 and 506 read
with Section 149 of IPC and Section 3(1)(r), 3(1)(s) and
3(2)(v) of the SC/ST Act, on obtaining the bond in a sum of
Rs.2,00,000/- (Rupees Two Lakhs only) each with two sureties
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each for the likesum to the satisfaction of the jurisdictional
Court, subject to the following conditions:
a). The appellants shall not commit similar
offences.
b). The appellants shall not threaten or tamper
with the prosecution witnesses.
c). The appellants shall appear before the Court
as and when required.
If in case, the appellants violates any of the conditions as
stated above, the prosecution will be at liberty to move the
Trial Court seeking cancellation of bail.
On furnishing the sureties by the appellants, the Trial
Court is at liberty to direct the Investigating Officer to verify
the correctness of the addresses and authenticity of the
documents furnished by the appellants 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 appellants on bail.
Sd/-
(M G UMA)
JUDGE
MKM
