SRI SHASHANKA @ SHASHANK M R v. THE STATE OF KARNATAKA
CRL.A/1092/2025 · 2025-06-26
M G Uma
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 26508 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 26508 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:22497 CRL.A No. 1092 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA CRIMINAL APPEAL NO. 1092 OF 2025 (U/S 14(A) (2)) BETWEEN:
SRI SHASHANKA @ SHASHANKA M.R.
S/O RAVI, AGED ABOUT 25 YEARS, RESIDENT AT MUNIRANGAIANNA STREET, MALAGALU, KANAKAPURA TOWN RAMANAGARA DISTRICT - 562 117. CURRENTLY LODGED AT RAMANAGARA PRISON, RAMANAGARA IN JC SINCE 23-07-2024 …APPELLANT (BY SRI. ASHOKA .T., ADVOCATE) AND:
1. THE STATE OF KARNATAKA BY KANAKAPURA TOWN PS REPRESENTED, BY THE STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU - 560 001
2. SRI LAXMAN, S/O LATE VENKATAIAH, AGED ABOUT 51 YEARS, RESIDENT AT AK COLONY, MALAGALU VILLAGE, KANAKAPURA TOWN RAMANAGARA DISTRICT - 562 117
3. SRI ANISHKUMAR @ ANISH, S/O VYRAMUDI, AGED ABOUT 26 YEARS, RESIDENT NEAR HOUSING BOARD, KANAKAPURA TOWN,
Digitally signed by SWAPNA V Location: High Court of Karnataka
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RAMANAGARA DISTRICT - 562117
4. GOVINDARAJU, S/O LATE VENKATAIAH, AGED ABOUT 39 YEARS,
5. KUMARI LATHA, D/O CHALUVARAJU, AGED ABOUT 28 YEARS
6. KUMARI THEJASWINI, D/O LAKSHMAN, AGED ABOUT 23 YEARS
7. MS. MADHU, W/O GOVINDARAJU, AGED ABOUT 36 YEARS
8. MS. CHAITANYA, W/O HARISH, AGED ABOUT 23 YEARS,
RESPONDENTS NO. 4 TO 8 ARE RESIDENT OF SIDDAPPAJI TEMPLE ROAD, MALAGALU, KANAKAPURA TOWN, RAMANAGARA DISTRICT - 562117. …RESPONDENTS (BY SRI. HARISH GANAPATHY, HCGP FOR R1 R2 TP 8 - SD)
THIS CRL.A. IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT, 2015 PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 19-12-2024 PASSED BY THE LD. I ADDL. DIST. AND SESSIONS JUDGE, RAMANAGARA IN CRL.MISC.NO.997/2025 FOR OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 191(2), 191(3), 115(2), 118(1), 352, 351(2), 76, 109(1), 329(4), 61(2), 54, 324(4) READ WITH SEC.190 OF THE B.N.S.-2023, AND UNDER SECTION 3(1)(R) 3(1)(S) 3(1)(W) AND 3(2)(V) OF THE SC AND ST (POA) AMENDMENT ACT,, 2015 CONSEQUENTLY ALLOW THIS APPEAL AND ENLARGE THE
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HC-KAR NC: 2025:KHC:22497 CRL.A No. 1092 of 2025
APPELLANT ON BAIL FOR IN CRIME NO. 112/2024 (SPL.
C. (SC / ST) NO.142/2024) FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 191(2), 191(3), 115(2), 118(1), 352, 351(2), 76, 109(1), 329(4), 61(2), 54, 324(4) READ WITH SEC.190 OF THE B.N.S.-2023, AND UNDER SECTION 3(1)(R) 3(1)(S) 3(1)(W) AND 3(2)(V) OF THE SC AND ST (POA) AMENDMENT ACT, 2015 PENDING ON THE FILE OF THE I ADDL. DISTRICT AND SESSIONS JUDGE, RAMANAGARA. 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 - accused No.5 is before this Court seeking grant of bail under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as ‘the Act’ for short) in Crime No.112/2024 of Kanakapura Town Police Station, Ramanagara, pending before the learned I Additional District and Sessions Judge, Ramanagar in Spl.C.(SC+ST)No.142/2024 registered for the offences punishable under Sections 189(2), 191(2), 191(3), 115(2), 118(1), 352, 351(2), 76, 109(1), 329(4), 61(2), 54, 324(4) r/w Section 190 of the BNS-2023, and under Section 3(1)(r) 3(1)(s) 3(1)(w) and 3(2)(v) of the SC and ST (POA)
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Amendment act, 2015, on the basis of the first information lodged by informant - Laxman.
2. Heard Sri Ashok T, learned Counsel for the appellants and Sri Harish Ganapathy, learned High Court Government Pleader for the respondent No.1-State. Perused the materials on record.
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 is entitled for grant of bail under Section 14A(2) of SC/ST (Prevention of Atrocities) Act, 1989?” My answer to the above point is in ‘Affirmative’ for the following:
R E A S O N S
4. It is the contention of the learned counsel for the appellant that the appellant is arrayed as accused No.5. He was apprehended on 24.07.2024 and since then, he is in judicial custody. Investigation is completed and the charge sheet is filed. The matter is now pending before the Trial Court for framing charge. The main accused is accused No.1, who is a
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rowdy sheeter. General allegations are made against accused Nos. 2 and 4 to 8 that they have assaulted the informant and his brother Govindaraju. As per the wound certificates pertaining to the informant and his brother Govindaraju, both have sustained only simple injuries.
5. It is contended that accused Nos.3, 4, 6 and 7 against whom similar allegations are made are already enlarged on bail. This fact is not disputed by the learned High Court Government Pleader. When similar allegations are made against all these accused and the co-accused are already enlarged on bail, I do not find any reason to reject the claim made by the appellant for grant of bail. It is not the contention of the prosecution that the appellant is either required for custodial interrogation or he is having any criminal antecedents. As per the charge sheet filed by the Investigating Officer as many as 41 witnesses are cited. Conclusion of the trial before the Trial Court may take years together. I do not find any reason to detain the appellant in custody till conclusion of the trial. Therefore, I am of the opinion, that the appellant may be granted bail subject to conditions, which will take care
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of the interest of the prosecution as well as interest of the complainant and the witnesses.
6. Accordingly, I answer the above point in the affirmative and proceed to pass the following:
ORDER The appeal is allowed. The appellant is ordered to be enlarged on bail in Crime No.112/2024 of Kanakapura Town Police Station, Ramanagara, on obtaining the bond in a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the jurisdictional Court, subject to the following conditions: a). The appellant shall not commit similar offences.
b). The appellant shall not threaten or tamper with the prosecution witnesses. c). The appellant shall appear before the Court as and when required. If in case, the appellant violates any of the conditions as stated above, the prosecution will be at liberty to move the Trial Court seeking cancellation of bail. On furnishing the sureties by the appellant, the Trial Court is at liberty to direct the Investigating Officer to verify
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the correctness of the address and authenticity of the documents furnished by the appellant and the sureties and a report may be called for in that regard, which is to be submitted by the Investigating Officer within 5 days. The Trial Court on satisfaction, may proceed to accept the.
Sd/- (M G UMA) JUDGE
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