- 1 - NC: 2025:KHC:4857 CRL.A No. 1875 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL APPEAL NO. 1875 OF 2024 BETWEEN: SRI MALLESHA S A @ MADHUGIRI MALLESHA S/O LATE ANJINAPPA AGED ABOUT 33 YEARS SOMPURA VILLAGE KASABA HOBLI, MADHUGIRI TALUK TUMKUR DISTRICT. …APPELLANT (BY SRI. ROSHAN M C.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY KYATHASANDRA POLICE STATION TUMKUR REP BY THE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU-560001. 2. KRISHNAMURTHY S/O PUTTANARASAIAH AGED ABOUT 62 YEARS R/AT 5TH CROSS, WARD NO.22, BATAWADI TUMKUR-572103. …RESPONDENTS Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:4857 CRL.A No. 1875 of 2024 (BY SRI.A. RAVANAPPA., ADVOCATE FOR R2; MS. ASMA KOUSER, ADDL. SPP) THIS CRL.A IS FILED U/S 14(A)2) OF SC/ST (POA) ACT R/W SECTION 439 OF CODE OF CRIMINAL PROCEDURE PRAYING TO SET ASIDE IMPUGNED ORDER PASSED BY THE HONBLE PRL.CITY CIVIL AND SESSIONS JUDGE (CCH-01) AT BENGALURU VIDE ORDER DATED 08.08.2023 REJECTING THE BAIL PETITION FILED BY THE APPELLANT AND FURTHER PRAYS THIS HONBLE COURT TO GRANT AN ORDER OF REGULAR BAIL IN CONNECTION WITH CR.NO.222/2018 REGISTERED ON THE FILE OF KYATHSANDRA P.S. FOR THE OFFENCE P/U/S 143,147,148,120B,212,302,201 R/W 149 OF IPC AND SEC.3(2)(V) OF SC/ST ACT AND SEC.3(1)(i)(2) (3)(4) OF KARNATAKA CONTROL OF ORGANIZED CRIME ACT 2000 PENDING ON THE FILE OF PRL.CITY CIVIL AND SESSIONS JUDGE AT BENGLAURU IN SPL.C.NO.444/2019 BY IMPOSING CONDITIONS. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ - 3 - NC: 2025:KHC:4857 CRL.A No. 1875 of 2024 ORAL JUDGMENT This appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes(Prevention of Atrocities) Act, 1989 [for short, 'SC/ST (POA) Act'] is preferred by accused No.3 praying to set aside the order passed by the learned Sessions Judge rejecting his application seeking bail and consequently to enlarge him on bail in Crime No.222/2018 registered at Kyathasandra Police Station, Tumakuru, now pending in Spl.CC No.444/2019 before the Principal City Civil and Sessions Judge, at Bengaluru. 2. Heard the learned counsel for the appellant, learned Additional State Public Prosecutor for the State, learned counsel for the complainant and perused material on record. 3. Appellant and two other accused are facing trial before the Special Court for offences punishable under sections 143, 147, 148, 120-B, 212, 302, 201 read with 149 IPC, section 3(2)(V) of the SC/ST (POA) Act and - 4 - NC: 2025:KHC:4857 CRL.A No. 1875 of 2024 section 3(1)(i), (2), (4) of the Karnataka Control of Organised Crime Act, 2000. 4. Accused persons are alleged to have committed the murder of one Ravi Kumar on 13.09.2018 at about 8.30pm near Muthappa Tea Stall, Batawade, Tumakuru assaulting him with deadly weapons like longs, dagger, etc. Motive for the offence is that petitioner/accused No.3 and deceased were friends and both were rowdy elements. Appellant was instrumental in deceased winning Tumakuru City Municipal Election in the year 2013. In the year 2016, deceased became Deputy Mayor of Tumakuru City Corporation and during 2017-18, became the Mayor. Being jealous of the popularity gained by the deceased, he conspired with other accused persons to commit his murder. In furtherance of the said conspiracy, on 13.09.2018, accused persons travelled in a tempo carrying weapons and went to the spot, where the deceased was sitting near a Tea Stall in Batawadi, Tumakuru. They - 5 - NC: 2025:KHC:4857 CRL.A No. 1875 of 2024 sprinkled chilly powder on his face and attacked him with longs and dagger and committed his murder. 5. Appellant had preferred Criminal Appeal No.1708/2021 before this Court. The said appeal was disposed of by an order dated 28.06.2022 reserving liberty to him to file a fresh bail petition before the trial court after the examination of eye witnesses. 6. Learned Sessions Judge vide order dated 08.08.2023 in Spl.CC No.444/2019, has dismissed the bail petition preferred by him, hence this appeal. 7. Learned Additional State Public Prosecutor has filed statement of objections. She has contended that appellant is involved in more than six criminal cases, prior to the commission of present offence and after registration of the case, he is arraigned as an accused in three more criminal cases. She contended that he has been identified by the eye witnesses in the Test Identification Parade and in view of the nature and gravity - 6 - NC: 2025:KHC:4857 CRL.A No. 1875 of 2024 of the offence committed, he is not entitled for bail. She has further contended that one of the eye witness, namely, CW.3 was murdered subsequent to filing of the charge sheet and the appellant is an accused in the said case. 8. Learned counsel for the appellant has contended that out of 12 accused persons, accused nos.4 to 10 and 12 are already granted bail. This court while rejecting the prayer of the appellant has reserved liberty to him to file a fresh petition after the examination of eye witnesses. Now all the eye-witnesses are examined by the trial Court and none of them have supported the case of prosecution. The appellant is in judicial custody from 17.11.2018. He contended that the appellant has been arraigned as an accused in the subsequent criminal cases even though he was in judicial custody during the registration of those cases. He submitted that appellant is ready and willing to abide by conditions that may be imposed by the court and accordingly sought to enlarge him on bail. - 7 - NC: 2025:KHC:4857 CRL.A No. 1875 of 2024 9. It is not in dispute that accused Nos. 4 to 10 and 12 are on bail. As per charge sheet allegations, accused Nos.1 to 4,8,9, and 11 assaulted the deceased with longs and dagger indiscriminately all over his body and committed his murder. Similarly placed accused No.4, 8 and 9 are on bail. Admittedly, petitioner was arrested on 17.11.2018. Hence, at the time of the murder of CW.3, he was in judicial custody. 10. This Court while disposing of Criminal Appeal No.1708/2021 vide order dated 28.06.2022, reserved liberty to the appellant to file a fresh petition before the trial Court once the examination of eye witnesses is concluded. According to prosecution, CWs. 1 to 6 are the eye witnesses. The said witnesses are already examined. It is contended that they have not supported the prosecution case. The evidence adduced by them cannot be appreciated at this stage, however, the fact remains that the eye witnesses are already examined by the trial - 8 - NC: 2025:KHC:4857 CRL.A No. 1875 of 2024 Court. Hence, question of tampering the said witnesses by the appellant does not arise. 11. A Coordinate bench of this Court has granted bail to accused No.8 against whom similar overt acts are attributed. 12. There are in all 225 witnesses cited in the charge sheet and as of now only 19 witnesses are examined. Appellant was arrested on 17.11.2018. He has undergone more than six years of imprisonment. 13. Considering the above facts and circumstances, by imposing stringent conditions, relief sought for in this petition can be granted. Accordingly, the following:- ORDER Appeal is allowed. Appellant/accused No.3 in Crime No.222/2018 registered at Kyathasandra Police Station, Tumakuru now pending in Spl.CC No.444/2019 before the Principal City - 9 - NC: 2025:KHC:4857 CRL.A No. 1875 of 2024 Civil and Sessions Judge, at Bengaluru, shall be enlarged on bail, subject to following conditions: 1. He shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the jurisdictional Court. 2. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. 3. He shall not directly or indirectly tamper with the prosecution witnesses. 4. He shall not indulge in committing any offence. 5. He shall appear before the trial Court regularly on all dates of hearing. 6. He shall mark his attendance before the Kyathsandra Police Station on every second Sunday of the month between 9am and 12noon till disposal of the case or until further orders. - 10 - NC: 2025:KHC:4857 CRL.A No. 1875 of 2024 Violation of any of the conditions shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE NV List No.: 1 Sl No.: 37