- 1 - NC: 2025:KHC:13826 CRL.A No. 330 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH CRIMINAL APPEAL NO.330 OF 2025 BETWEEN: 1. SANTHOSH, S/O LATE HULLURAPPA, AGED ABOUT 26 YEARS, R/AT. RAMASANDRA VILLAGE, NARASAPURA HOBLI, KOLAR TALUK -563 133. …APPELLANT (BY SRI. T.PRAKASH, ADVOCATE) AND: 1. STATE BY VEMAGAL POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BUILDINGS, BENGALURU-560 001. 2. PRAVEEN R., S/O RAMAPPA, AGED ABOUT 36 YEARS, R/AT JODIGUBBI VILLAGE, HALLM RAMASANDRA VILLAGE, NARASAPURA HOBLI, KOLAR TALUK-563 133. …RESPONDENTS (BY SMT. K.P.YASHODA, HCGP FOR R1; SRI. M.C.VENKATARANGAIAH, ADVOCATE FOR R2) Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13826 CRL.A No. 330 of 2025 THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14(A) (2) OF SC/ST (POA) ACT, 2015 PRAYING TO ALLOW THIS CRIMINAL APPEAL BY SETTING ASIDE THE ORDER DATED 09.10.2024 PASSED BY THE II ADDL. DISTRICT AND SESSIONS JUDGE AT KOLAR IN SPL.S.C.NO.12/2024 REJECTING THE BAIL PETITION OF THE APPELLANT AND FURTHER BE PLEASED TO GRANT BAIL TO THE APPELLANT IN SPL.S.C.NO.12/2024 FOR OFFENCES PUNISHABLE UNDER SECTIONS 506, 504, 143, 147, 148, 149, 302, 307, 323, 324 OF IPC AND SECTION 3(1)(r), 3(1)(s), 3(2)(v) OF SC/ST (POA) ACT, PENDING BEFORE THE II ADDL. DISTRICT AND SESSIONS JUDGE AT KOLAR. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT Heard the learned counsel for the appellant, the learned High Court Government Pleader appearing for respondent No.1 State and the learned counsel for respondent No.2/complainant. 2. The specific case of the prosecution before the Trial Court is that there was a quarrel between accused No.1 and the deceased Ambarish about two years earlier to the alleged incident and in pursuance of the said previous enmity, on 02.05.2024 at about 10.15 p.m. after C.W.1 finished his work and was moving near Safe Express Company, the driver of the tractor came on the left side suddenly and there was an attempt to take his life. Thereafter, all the accused persons - 3 - NC: 2025:KHC:13826 CRL.A No. 330 of 2025 holding the weapons came near the house of C.W.1 and took up quarrel and assaulted Ambarish and ultimately he lost his life. Based on the complaint, the police registered the case against the accused persons for the offences punishable under Sections 506, 504, 143, 147, 148, 149, 302, 307, 323 and 324 of IPC and also under Sections 3(1)(r), 3(1)(s) and 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (‘SC/ST Act’ for short). The police investigated the matter and filed the charge-sheet. 3. The learned counsel for the appellant would contend that this appellant is arrayed as accused No.9 and this Court granted bail in favour of accused Nos.11 and 13 to 16 making an observation that the overt-act allegation against them is that they have assaulted with their hands and no weapons are used. The learned counsel would contend that this Court in Crl.A.No.1805/2024 c/w Crl.A.No.1904/2024 and Crl.A.No.1946/2024 granted bail in favour of accused Nos.14 and 16. In Crl.A.No.2239/2024, this Court taking note of granting of bail in favour of accused Nos.14 and 16, granted bail in favour of accused Nos.11, 13 and 15. The learned counsel contend that this appellant is also entitled for bail on the ground of parity since the allegation made against - 4 - NC: 2025:KHC:13826 CRL.A No. 330 of 2025 this appellant is also that he assaulted with his hands. The learned counsel brought to the notice of this Court that there are no corresponding injuries in the post mortem report and cause of death is on account of head injury and hence he may be enlarged on bail. 4. Per contra, the learned counsel for respondent No.2/complainant would contend that the incident was taken place in the evening and ultimately in the night, all the accused persons by forming unlawful assembly came with deadly weapons and assaulted the deceased and also an attempt was made to take away the life of the persons who came to rescue the deceased. The injured statement is very clear with regard to participation of this appellant along with other assailants. The learned counsel contend that the Court has to take note of that the offence is committed against the particular community and even at the time of the incident also they abused taking the caste name and the offences under Sections 3(1)(r), 3(1)(s) and 3(2)(v) of the SC/ST Act is invoked and hence the appellant is not entitled for bail. 5. The learned High Court Government Pleader appearing for respondent No.1 State would contend that the - 5 - NC: 2025:KHC:13826 CRL.A No. 330 of 2025 material available on record is very clear with regard to participation of this appellant. Though the allegation against the appellant is that he assaulted with his hands, but the fact is that he was also a member of unlawful assembly and with common object taken the life of the victim is very clear from the material collected by the Investigating Officer and hence the appellant is not entitled for bail. 6. Having heard the learned counsel for the appellant, the learned High Court Government Pleader appearing for respondent No.1 State and the learned counsel for respondent No.2/complainant and also particularly taking note of column No.17 of the charge-sheet, the only allegation made against this appellant is that he fisted on the chest of the victim and except that allegation, nothing is found in the charge-sheet material. The learned counsel for the appellant also brought to the notice of this Court the post mortem report, wherein the cause of death is shown as on account of hemorrhage and coma as a result of injuries sustained to head and limbs. Having taken note of the post mortem report, external injuries were present over the body and there were 32 injuries and with regard to corresponding injuries as alleged against this appellant is concerned that he fisted on - 6 - NC: 2025:KHC:13826 CRL.A No. 330 of 2025 the chest, no injuries are found on the chest is noted in the post mortem report. Taking note of the said fact into consideration, the appellant is also entitled for bail on the ground of parity, since this Court has already granted bail in favour of accused Nos.11 and 13 to 16 in Crl.A.No.1805/2024 c/w Crl.A.No.1904/2024 and Crl.A.No.1946/2024 and Crl.A.No.2239/2024, wherein an observation is made that assault was made with their hands. Here is also a case of assault made with hand fisting on the cheat and hence the appellant is also entitled for bail on the ground of parity and also taking note of the overt-act allegation against this appellant is concerned, not the case that he assaulted other injured witnesses. When such being the material on record, it is a fit case to exercise the discretion in favour of the appellant by imposing certain conditions to safeguard the interest of the prosecution. 7. In view of the discussions made above, I pass the following: ORDER (i) The criminal appeal is allowed. (ii) The appellant is granted bail subject to the appellant executing his personal bond for a - 7 - NC: 2025:KHC:13826 CRL.A No. 330 of 2025 sum of Rs.1,00,000/- (Rupees one Lakh only) with one surety for the like-sum to the satisfaction of the jurisdictional Court. (iii) The appellant shall not indulge in tampering the prosecution witnesses. (iv) The appellant shall appear before the jurisdictional Court on all the future hearing dates, unless exempted by the Court for any genuine cause. (v) The appellant shall not leave the jurisdiction of the Trial Court without prior permission of the Court till the case registered against him is disposed of. Sd/- (H.P.SANDESH) JUDGE MD List No.: 1 Sl No.: 36