Karnataka High Court
Maruthi A vs State Of Karnataka on 30 October, 2025
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NC: 2025:KHC:43427
CRL.A No. 1209 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
CRIMINAL APPEAL NO. 1209 OF 2025
BETWEEN:
MARUTHI A
S/O. ANJINAPPA
AGED ABOUT 31 YEARS,
RESIDING AT NO. 77, KACHOHALLI VILLAGE,
NEAR BUS STOP, DASANAPURA HOBLI,
BENGALURU NORTH TALUK-560091
(NOW IN JUDICIAL CUSTODY)
...APPELLANT
(BY SRI.K.R.NAGARAJA, ADVOCATE FOR
SRI. SATEESHA B M, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY THALAGHATTAPURA PS
Digitally signed
BENGALURU.
by REP. BY STATE PUBLIC PROSECUTOR,
HEMALATHA HIGH COURT COMPLEX, BENGALURU-01.
A
Location: HIGH
COURTOF 2. KIRAN.S
KARNATAKA
S/O. SANNAPPA
AGED ABOUT 35 YEARS,
RESIDING AT NAGARAJANNA VATARA,
BEHIND GOVERNMENT SCHOOL,
VAJARAHALLI, THALAGHATTAPURA POST,
BENGALURU-560109
...RESPONDENTS
(BY SRI.RANGASWAMY.R, HCGP FOR R1;
R2 SERVED)
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NC: 2025:KHC:43427
CRL.A No. 1209 of 2025
HC-KAR
THIS CRL.A. IS FILED U/S.14(A) (2) OF SC/ST (POA)
ACT, 2015 BY THE ADVOCATE FOR THE APPELLANT/S PRAYING
TO ENLARGE THE PETITIONER ON REGULAR BAIL IN CRIME
NO.139/2025 OF THALAGHATTAPURA POLICE STATION FOR
THE ALLEGED OFFENCE P/UNDER SECTION 109, 111(2),
127(2), 133, 137(2), 190, 310(2) OF BNS AND SEC.27,7 OF
ARMS ACT AND SEC.3(2)(v) OF SC/ST (POA) ACT PENDING ON
THE FILE OF THE HONBLE II ADDL. DISTRICT AND SESSIONS
JUDGE, BENGALURU RURAL DISTRICT AT BENGALURU.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE G BASAVARAJA
ORAL JUDGMENT
1. The appellant/accused No.5 has preferred this appeal
against the order passed by the II Additional District and
Sessions Judge, Bengaluru Rural District, Bengaluru, in
Criminal Miscellaneous No.806/2025 dated 17.05.2025.
2. The brief facts leading to this appeal are that on the
basis of the complaint lodged by one Kiran.S. s/o of
Sannappa, the Thalaghattapura Police have registered the
case in Crime No.139/2025 against the accused Nos.1 and
2 and others (not known) for the commission of offences
punishable under Section 3(2)(v) of the Scheduled Castes
and Scheduled Tribes (Prevention of Atrocities) Act, 1989;
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HC-KAR
Sections 7 and 27 of the Arms Act, 1959; Sections 109,
111(2), 127(2), 133, 137(2), 190, 310(2) of the Bharatiya
Nyaya Sanhita, 2023. The accused No.5 is arrested by the
police on 16.04.2025 and remanded to judicial custody.
Till this day, the said accused is in judicial custody. In the
meanwhile, an application i.e., Crl.Misc.No.806/2025 was
filed under Section 483 of BNSS, 2023 for regular bail and
the same came to be rejected by the Trial Court by order
dated 17.05.2025. Being aggrieved by the said order, the
appellant/accused No. 5 has preferred this appeal.
3. The learned counsel for the appellant-accused No.5
would submit that the name of the accused No.5 was not
shown in the FIR. Only in the course of investigation, the
accused No.5 has been falsely implicated. There are no
materials against the accused No.5 to attract the alleged
commission of offences. The accused No.5 is not required
for further investigation as the Investigating Officer has
already submitted the charge sheet against the accused.
Further, he would submit that this Court has already
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HC-KAR
granted bail to the accused No.2, Dilip Kumar.B.H. in
Criminal Appeal No.1219/2025 dated 27.06.2025 and also
to accused Nos.3 and 4, namely, Nuthan Prasad.N and
Chandrasekhar in Criminal Appeal No.1596/2025 dated
26.09.2025.
4. I have examined the materials placed before this
Court.
5. It is submitted that the charge sheet has been
already filed against the accused No.5 and the said
accused is not required for further investigation. The co-
ordinate Bench of this court has already granted bail to the
accused Nos.2, 3 and 4, namely, Dilip Kumar.B.H.,
Mr.Nuthan Prasad.N and Chandrasekhar. Hence, in view of
principles of parity, this appellant/accused No.5 is also
entitled for bail.
6. Accordingly, I proceed to pass the following order:
ORDER
a) Criminal Appeal is allowed.
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HC-KAR
b) The impugned order dated 17.05.2025
passed in Criminal Miscellaneous
No.806/2025, is hereby set aside.
c) Consequently, the bail application filed by
the appellant under Section 483 of BNSS, is
allowed.
d) The appellant shall be released on bail on
executing a self bond of Rs.1,00,000/- with
one surety for the likesum to the
satisfaction of the Trial Court.
e) The appellant shall not threaten or tamper
the prosecution case in any manner.
f) The appellant shall appear before the trial
Court on all the dates of the hearing.
g) The appellant shall not leave the
jurisdiction of the Trial Court till the
disposal of the case without prior
permission from the trial Court.
Sd/-
(G BASAVARAJA)
JUDGE
DM
