- 1 - HC-KAR NC: 2025:KHC:55033 CRL.A No. 2171 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 2171 OF 2025 (U/S 14(A) (2)) BETWEEN: SRI KARTHIK @ GYM KARTHIK S/O. GOVINDARAJU, AGED ABOUT 28 YEARS, R/AT NO. 65, NEW MILLENNIUM SCHOOL ROAD, UTTARAHALLI, BENGALURU 560 061. …APPELLANT (BY SRI. SHIVAPRASAD SHANTANAGOUDAR., ADVOCATE) AND: 1. STATE OF KARNATAKA BY PARAPANA AGRAHARA POLICE STATION, REPTD BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU - 560 001. 2. SMT. MEGHANA EREGOWDA, W/O. LATE MOHAN, AGED ABOUT 27 YEARS, R/AT LALBAGH, SIDDAPURA SLUM, NEAR PILLEKAMMA TEMPLE, MAVALI, JAYANAGAR I BLOCK, BENGALURU 560 011. …RESPONDENTS (BY SRI. B. LAKSHMAN, HCGP, RESPONDENT NO.2 SERVED AND UNREPRESENTED.) THIS CRL.A. IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT, 2015 PRAYING TO SET ASIDE THE ORDER DATED 24/09/2025 AND RELEASE THE APPELLANT ON BAIL IN CRIME Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:55033 CRL.A No. 2171 of 2025 NO.345,/2023, IN SPL. C. C.NO.226/2024, FOR THE OFFENCES PUNISHABLE UNDER SECTION 120B, 341, 427, 143, 144 , 147, 148, 37, 38, 302, 307, 109, 201, 202, 204, 212, R/W SECTION 149 OF THE INDIAN PENAL CODE AND ALSO UNDER SECTION 25 (1AA), 25(1B) (B) OF THE ARMS ACT SECTION.3(2)(V),3(2)(V)(a), SC AND THE ST (POA) ACT 1989 AND SECTION 3(l)(i), 3(3), 3(4) AND 4 KARNATAKA ORGANIZED CRIME CONTROL ACT, (KCOCA), PENDING BEFORE THE PRINCIPAL CITY CIVIL AND SESSIONS JUDGE 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 Both learned counsel for the appellant and respondents are present. 2. The learned State Public Prosecutor has submitted the memo that, in view of the judgment of this Court in the case of Sri. Amit Digvekar v. State of Karnataka, reported in ILR 2023 KAR 1103, this Criminal Appeal is not maintainable with respect to the charge-sheet filed invoking provisions under KCOC Act, 2000. The memo is taken on record. - 3 - HC-KAR NC: 2025:KHC:55033 CRL.A No. 2171 of 2025 3. The learned counsel Sri. Shivaprasad Shantanagoudar appearing on behalf of the appellant, has placed reliance on the decision of the Co-ordinate Bench of this Court in Criminal Petition No.7421/2023 decided on 11.10.2023 in the case of Somashekar v. State, in which it is observed as under: "16. Whenever, there is a conflict between the provisions of two special enactments, it is trite that the provisions of the later of the two enactments will prevail. This is because the legislature was aware of the earlier statute at the time of enactment of the later statute. Unless the legislature specifically provides in the later statute that the provisions of the earlier statute would prevail, then it has to be understood that the provisions of the later statute would prevail over the earlier statute ". 4. The Co-ordinate Bench of this Court in the above case, has relied on the decision of the Division Bench of the Madhya Pradesh High Court in Criminal Appeal No. 5189/2020 dated 22.04.2021 in the case of Pramod Yadav Vs. State of Madhya Pradesh and Others. 5. The KCOC Act, 2000 came into force on 02.01.2002. The Scheduled Castes and Scheduled Tribes - 4 - HC-KAR NC: 2025:KHC:55033 CRL.A No. 2171 of 2025 (Prevention of Atrocities) Act, 1989 came into force on 11.09.1989. In view of the decision of the Co-ordinate bench of this Court and also in the light of memo filed by the learned State Public Prosecutor, I proceed to pass the following: ORDER i) Registry is directed to place this matter before Bench having the roster. ii) The appellant is permitted to make the necessary amendment in the memorandum of appeal. In view of the same, appeal stands disposed for statistical purpose. Sd/- (G BASAVARAJA) JUDGE KBM/lnn List No.: 1 Sl No.: 39