- 1 - NC: 2025:KHC:280 CRL.A No. 2287 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE V SRISHANANDA CRIMINAL APPEAL NO. 2287 OF 2024 BETWEEN: SRI. CHANDRASHEKAR C.N. @ SHEKAR APPI, S/O NAGAPPA, (IN CHARGE SHEET IT IS WRONGLY SHOWN AS LAGUMAIAH) AGED ABOUT 29 YEARS, R/AT CHUDENAHALLI VILLAGE, VANAKANAHALLI POST, KASABA HOBLI, ANEKAL TALUK, BENGALURU RURAL DISTRICT 562 106 IN CHARGE SHEET ADDRESS WRONGLY SHOWN AS P. GOLLAHALLI VILLAGE, KASABA HOBLI, ANEKAL TALUK, BENGALURU RURAL 562 106 …APPELLANT (BY SRI. TEJAS N., ADVOCATE) AND: 1. STATE OF KARNATAKA BY ANEKAL POLICE, BENGALURU 562 106. (REPRESENTED BY THE LEARNED STATE PUBLIC PROSECUTOR HCK, BANGALORE 01) Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:280 CRL.A No. 2287 of 2024 2. SRI. MUNIRAJU, S/O LATE MUNIYAPPA, AGED ABOUT 62 YEARS, R/AT WARD NO.22ND, BAHADDURUPUR, ANEKAL TOWN, BENGALURU RURAL DISTRICT 562 106. …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1/STATE; NOTICE TO R2 - 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 23.11.2024 PASSED IN SPL.C.NO.807/2024 ON THE FILE OF HONBLE II ADDL. DIST. AND SESSIONS JUDGE AND SPECIAL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU AND ENLARGE THE APPELLANT ON BAIL IN CR.NO.250/2024 OF ANEKAL POLICE, BENGALURU RURAL FOR OFFENCE P/U/S 324(4), 189(2), 103(2), 191(2), 191(3), 61(2)(a) AND 190 OF BNS, 2023 AND U/S 3(2)(v-a) OF SC AND ST (POA) AMENDMENT ACT 1989. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE V SRISHANANDA ORAL JUDGMENT Heard Sri.Tejas N., learned counsel for appellant and learned HCGP for respondent. 2. Respondent No.2 served with the notice and remained absent. 3. Appellant is accused No.10 in Spl.C.No.807/2024. He has been charge sheeted for the offences punishable under - 3 - NC: 2025:KHC:280 CRL.A No. 2287 of 2024 the provisions of Section 3 (2) (v-a) of SC/ST (POA) Act and offence punishable under Section 302 of IPC. 4. The complaint was thoroughly investigated and charge sheet came to be filed. As per column No.17 of the charge sheet, role assigned to the present appellant is to the extent of driving the car on the date of incident wherein, the other accused persons after the incident have traveled. 5. Sri. Tejas N., learned counsel for the appellant submits that case of the prosecution involves offence under Section 120-B of IPC as well and even as per the prosecution, the other conspirators namely accused Nos.4 to 9 have been enlarged on bail and therefore, having regard to the role assigned to the present appellant, he is also entitled to be enlarged on bail on the ground of parity. 6. Per contra, the learned HCGP opposed the bail ground. 7. Respondent No.2 who is the de-facto complainant is served with the notice and remained absent. - 4 - NC: 2025:KHC:280 CRL.A No. 2287 of 2024 8. Having heard the arguments on both sides, this Court perused the material on records meticulously and on such perusal of material on record, even as per the charge sheet, role assigned to the present appellant is only assisting the other accused to escape away from the scene of offence after the incident, by taking them in his car and he was the driver of the car. Accused-appellant has co-operated with the investigation and he is custody on and from 08.08.2024. Taking note of the fact that charge sheet is filed and accused Nos.4 to 9 have been enlarged on bail, who are the conspirators according to the prosecution, this Court is of the considered opinion that present appellant is also entitled to be enlarged on bail on the ground of parity. 9. The other apprehensions expressed by the prosecution can be met with by imposing suitable and stringent conditions. 10. Accordingly, the following: ORDER The appeal is allowed. Consequently, the appellant who is accused No.10 is ordered to be enlarged on bail on following conditions: - 5 - NC: 2025:KHC:280 CRL.A No. 2287 of 2024 i) The appellant shall execute a bond in a sum of Rs.1,00,000/- (Rupees One Lakh Only) with one surety for the likesum to the satisfaction of the learned Special Judge. ii) The appellant shall attend the Court regularly. iii) The appellant shall not directly or indirectly tamper the prosecution witnesses in any manner. iv) The appellant shall not leave the jurisdiction of Bengaluru Rural District without prior permission. Violation of any one of the conditions would entitled the prosecution to seek for cancellation of bail. Sd/- (V SRISHANANDA) JUDGE GPG List No.: 1 Sl No.: 46