- 1 - NC: 2025:KHC:14699 CRL.A No. 323 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH CRIMINAL APPEAL NO.323 OF 2025 BETWEEN: SRI LAKKADASAPPA S/O LATE BYLAPPA AGED ABOUT 66 YEARS RESIDING AT HEROHALLI VILLAGE THUNGANAGAR MAGADI MAIN ROAD BENGALURU - 560091 …APPELLANT (BY SRI RAJANNA C, ADVOCATE) AND: 1. STATE OF KARNATAKA BY BYADARAHALLI POLICE STATION BENGALURU CITY REPRESENTED BY ITS SPP HIGH COURT BUILDING BENGALURU - 01 2. SRI PRAVEENKUMAR N S/O NARASIMHAMURTHY V AGED ABOUT 35 YEARS, RESIDING AT No.07 KOUSTHUBA, G.HOSAHALLI BENGALURU, KARNATAKA - 560091 …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1; SRI ABHISHEK R HUDDAR, ADVOCATE FOR SRI MADAN K S, ADVOCATE FOR R2) Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14699 CRL.A No. 323 of 2025 THIS CRL.A IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT PRAYING TO SET ASIDE THE ORDER DTD 13.01.2025 PASSED IN CR.NO.826/2024 OF BYADARAHALLI P.S., BENGALURU CITY, BENGALURU DISTRICT, FOR AN OFFENCE P/U/S 3(1)(r), 3(2)(V), 3(2)(v-a), 3(1)(g), 3(1)(s) OF SC/ST (POA) ACT, 1989, U/S 108, 3(5), 351, 352 OF BNS, 2023 AND ETC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER CORAM: HON'BLE MR JUSTICE H.P.SANDESH ORAL JUDGMENT This appeal is filed challenging the order dated 13.01.2025 passed in Cr.No.826/2024 by the II Additional District and Sessions Judge and Special Judge, Bengaluru Rural District, Bengaluru. 2. Heard the learned counsel appearing for the respective parties. 3. The learned counsel for the appellant/accused No.3 would vehemently contend that this Court already stayed the further proceedings in respect of accused Nos.1 and 2 and also brought to notice of this Court the Trial Court rejected the bail application only on the ground that - 3 - NC: 2025:KHC:14699 CRL.A No. 323 of 2025 the matter is still under investigation and charge-sheet is yet to be filed. The counsel also brought to notice of this Court that now, charge-sheet is filed and in the charge- sheet, except stating that this appellant along with other accused persons given the trouble to the deceased and filed a suit in O.S.No.2241/2021 for the relief of partition and separate possession before the Trial Court and the same will not come in the way of granting of bail in favour of the appellant. 4. Per contra, the learned counsel appearing for respondent No.2 would vehemently contend that though Special Enactment not attracts against this appellant since respondent No.2 belongs to the very same community, the material collected by the Investigating Officer during the investigation is very clear that this appellant is hand in glove with accused No.1 and caused the harassment hence, the victim took the extreme step of committing suicide. The learned Additional SPP also reiterated the - 4 - NC: 2025:KHC:14699 CRL.A No. 323 of 2025 very same submission as that of the learned counsel for the respondent No.2. 5. Having taken note of the submissions of the learned counsel appearing for the respective parties and also on perusal of the material collected by the Investigating Officer as well as the grounds urged by the appellant and particularly the allegations made in column No.17 of the charge-sheet wherein an allegation is made that this appellant is hand in glove with accused No.1 subjecting the victim for harassment and hence, the victim took the extreme steps of committing suicide. In view of the said allegation, it has to be seen that whether the victim has taken the said extreme step on account of the role played by this appellant or not and it is a matter of trial. Now, the investigation is completed and charge- sheet also filed. Hence, it is a fit case to exercise the discretion in favour of the appellant/accused No.3. 6. In view of the discussions made above, I pass the following: - 5 - NC: 2025:KHC:14699 CRL.A No. 323 of 2025 ORDER The appeal is allowed. Consequently, the appellant /accused No.3 shall be released on bail in connection with Crime No.826/2024 of Byadarahalli Police Station, Kengeri Sub-Division, Bengaluru registered for the offences punishable under Sections 3(1)(r), 3(2)(V), 3(2)(v-a), 3(1)(g), 3(1)(s) OF SC/ST (POA) ACT, 1989, U/S 108, 3(5), 351, 352 OF BNS, 2023, subject to the following conditions: (i) The appellant/accused No.3 shall execute personal bond for a sum of Rs.2,00,000/- with one surety for the like-sum to the satisfaction of the jurisdictional Court. (ii) The appellant shall not indulge in tampering the prosecution witnesses. (iii) The appellant shall appear before the jurisdictional Court on all the future hearing dates, unless exempted by the Court for any genuine cause. - 6 - NC: 2025:KHC:14699 CRL.A No. 323 of 2025 (iv) 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 SN