Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 26473 (KAR)

KARTHIK N v. STATE BY SRIRANGAPATNA RURAL POLICE

CRL.A/1006/2025 · 2025-06-06

M G Uma

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:19182 CRL.A No. 1006 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA CRIMINAL APPEAL NO. 1006 OF 2025 (U/S 14(A) (2)-) BETWEEN: KARTHIK N, (A-2), S/O. NARAYANA, AGED ABOUT 26 YEARS, R/OF NAGUVANAHALLI, SRIRANGAPATNA TALUK, MANDYA - 571 438 …APPELLANT (BY SRI. NAGARAJ K.G., ADVOCATE) AND: 1. STATE BY SRIRANGAPATNA RURAL POLICE REP. BY SPP, HIGH COURT OF KARNATAKA, BENGALURU - 560 001 2. MOHAN K, S/O. LATE KANTARAJU, AGED ABOUT 25 YEARS, R/O MELAPURA VILLAGE, SRIRANGAPATNA TALUK, MANDYA - 571 438 …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL.SPP FOR R1 R2 - SD) THIS CRL.A IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT PRAYING TO SET ASIDE THE ORDER DTD 07.04.2025 PASSED BY THE IV ADDL. DISTRICT AND SESSIONS JUDGE, AT MANDYA, IN SPL.C.NO.275/2023 ARISING OUT OF CR.NO.134/2017 OF SRIRANGAPATNA RURAL POLICE AND ENLARGE HIM ON BAIL, FOR Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:19182 CRL.A No. 1006 of 2025 THE OFFENCES P/U/S 341, 323, 324, 504, 506 R/W 34 OF IPC, U/S 3(1)(S) OF SC/ST (POA) AMENDMENT ACT, 2015. THIS CRL.A, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA ORAL JUDGMENT The appellant being accused No.2 is before this Court seeking grant of bail under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as ‘the SC/ST Act’ for short) in Crime No.134/2017 of Srirangapatna Rural Police Station, pending before the IV Additional District and Sessions Judge at Mandya, in Spl.C.No.275/2023 registered for the offences punishable under Sections 341, 323, 324, 504, 506 R/w. 34 of IPC and U/s. 3(1)(S) of SC/ST (POA) Amendment Act, 2015 on the basis of the first information lodged by informant- Sri.Mohan. 2. Heard Sri Nagaraj K.G., learned counsel for appellant-accused No.2 and Smt.Rashmi Jadhav, learned Addl. SPP for respondent No.1-State. Perused the materials on record. - 3 - HC-KAR NC: 2025:KHC:19182 CRL.A No. 1006 of 2025 3. In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is: “Whether the appellant-accused No.2 is entitled for grant of bail under Section 14(A)(2) of SC/ST (Prevention of Atrocities) Act, 1989?” My answer to the above point is in ‘Negative' for the following: R E A S O N S 4. The only ground urged by the appellant-accused No.2 is that, in the original Spl.Case.No.119/2017, the prosecution witnesses have turned hostile and therefore, the appellant is entitled for grant of bail. 5. It is noticed that the charge sheet came to be filed against accused Nos.1 to 4. Even though the appellant was granted anticipatory bail, and he was participated in the trial for some time, later he remained absent and was absconded. He was apprehended only on 25.09.2024, whereas, the date of offence is dated 02.05.2017. As the appellant remained absconding, a split up charge sheet came to be filed and - 4 - HC-KAR NC: 2025:KHC:19182 CRL.A No. 1006 of 2025 separate special case was registered against him. The conduct of appellant-accused No.2 disentitles him from seeking grant of bail as it hampers the trial before the Trial Court once again. Therefore, I am of the opinion, that the appellant-accused No.2 is required to face the trial before the Trial Court while he is in custody. The Trial Court is required to conclude the trial expeditiously taking into consideration that the appellant- accused No.2 is in custody and the other accused are already acquitted. 6. Accordingly, I answer the above point in the negative and proceed to pass the following: ORDER The appeal is dismissed. Sd/- (M G UMA) JUDGE MKM List No.: 1 Sl No.: 30