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2025 DAILYLAW 20870 (KAR)

MR. NARAYANAPPA v. STATE OF KARNATAKA

CRL.A/605/2024 · 2025-01-20

V Srishananda

Criminal Appealbody2025

Judgment text

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- 1 - NC: 2025:KHC:2063 CRL.A No. 605 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE V SRISHANANDA CRIMINAL APPEAL NO. 605 OF 2024 BETWEEN: 1. MR. NARAYANAPPA S/O MDDARANGAPPA AGED ABOUT 45 YEARS, WARD NO.68, ASSISTANT REVENUE OFFICER, MAHALAKSHMIPURAM, NAGPUR, BANGALORE - 560 086. 2. MR. NANJUNDAPPA S/O VEERABHADRAYYA AGED ABOUT 48 YEARS, WORKING AS REVENUE INSPECTOR, WARD NO.68, MAHALAKSHMIPURAM NAGPUR, BANGALORE - 560 086. …APPELLANTS (BY SRI. SUNIL KUMAR H., ADVOCATE) AND: 1. STATE OF KARNATAKA BY MAHALAKSHMIPURAM POLICE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. 2. MR. VENKATESH S/O LATE CHINNAPPA Digitally signed by REKHA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:2063 CRL.A No. 605 of 2024 AGED ABOUT 50 YEARS, R/O NO.6, 6th CROSS, J S NAGAR, SARASWATHIPURAM NANDINI LAYOUT, BANGALORE - 560 096. …RESPONDENTS (BY SRI. RAHUL RAI K., HCGP FOR R1, SRI. SUMANT NAIK, ADVOCATE FOR SRI. PARAMESHWARA N. HEGDE, ADVOCATE FOR R2) THIS CRL.A IS FILED UNDER SECTION 14(A)(2) OF SC/ST (POA) ACT BY THE ADVOCATE FOR THE APPELLANT PRAYING TO SET ASIDE THE ORDER PASSED IN CRL.MISC.NO.1478/2024 DATED 12.03.2024 PASSED BY THE LEARNED LXX ADDL.CITY CIVIL AND SESSIONS JUDGE AND SPL.JUDGE AT BENGALURU VIDE ANNEXURE-B AND ETC., THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE V SRISHANANDA ORAL JUDGMENT Heard. 2. There is an order of interim bail granted by Coordinate Bench of this Court on 22.03.2024. Allegations in the complaint pertains to Government Officials, who are the appellants. 3. Learned counsel for the appellants submits that after the order dated 22.03.2024, the appellants have - 3 - NC: 2025:KHC:2063 CRL.A No. 605 of 2024 been summoned before the Police twice and the Police did not deemed to effect the arrest. 4. Learned High Court Government Pleader and the de-facto complainant have not filed their objections and already a civil suit is pending. Taking note of this aspect of this matter, the embargo contained in Section 18 of the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989, is not applicable to the case on hand. 5. Under such circumstances, the matter needs to be considered on merits. 6. Having heard the parties on merits of the matter, it is just and convenient for this Court to direct the appellants to join the investigation and thereafter, investigation officer enquire them and enlarge them on bail, on executing a bond in a sum of Rs.1,00,000/- each with two sureties for likesum would meet the ends of the justice. 7. Accordingly, following order. - 4 - NC: 2025:KHC:2063 CRL.A No. 605 of 2024 ORDER a. The appeal is allowed. b. In the event of arrest of appellants/accused in Crime No.40/2024 registered by Mahalakshmipuram Police Station, Bengaluru city, the appellants shall be enlarged on bail by taking a bond in a sum of Rs.1,00,000/- each with two sureties for the likesum. c. The appellants shall join the investigation by appearing before the Investigation Officer on 29.01.2025 at 10.00 a.m. d. The appellants shall co-operate with the investigation. e. The appellants shall not tamper the prosecution witnesses. f. The appellants shall attend the Court regularly. g. Ordered accordingly. Sd/- (V SRISHANANDA) JUDGE ASN List No.: 1 Sl No.: 32