- 1 - HC-KAR NC: 2025:KHC:22020 CRL.A No. 2356 of 2024 C/W CRL.A No. 1916 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA CRIMINAL APPEAL NO. 2356 OF 2024 (U/S 14(A) (2)) C/W CRIMINAL APPEAL NO. 1916 OF 2024 (U/S 14(A) (2)) IN CRL.A No. 2356/2024 BETWEEN: 1. HEMANTH S/O VENKATESH AGED ABOUT 24 YEARS, R/AT DODDABYALAGONDAPALLI VILLAGE, DENKANIKOTE TALUK, KRISHNAGIRI DISTRICT, TAMIL NADU-635 107. 2. MURUGESH S/O CHANDRAPPA AGED ABOUT 27 YEARS, R/AT ALASATTI VILLAGE, DENKANIKOTE TALUK, KRISHNAGIRI DISTRICT, TAMIL NADU-635 107. (BOTH ARE IN J.C) …APPELLANTS (BY SRI. MANJUNATH M.R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY SURYANAGAR P.S, BENGALURU REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BENGALURU -560001 2. PADMARAJU S/O LATE THIMMAIAH Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22020 CRL.A No. 2356 of 2024 C/W CRL.A No. 1916 of 2024 AGED ABOUT 54 YEARS, R/AT MARSOOR VILLAGE, INDIRANAGARA, KASABA HOBLI, ANEKAL TALUK, BENGALURU-562 106 …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR RESPONDENT NO.1; NOTICE SERVED ON RESPONDENT NO.2) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14(A)2) OF SC/ST (POA) ACT PRAYING TO SET ASIDE THE ORDER PASSED BY THE II ADDL.DISTRICT AND SESSIONS JUDGE AND SPL.JUDGE BENGALURU RURAL DISTRICT BENGALURU IN SPL.C.NO.342/2024 ON 09.08.20242 AND TO ENLARGE THE APPELLANTS ON BAIL IN CR.NO.109/2024 REGISTERED BY SURYANAGAR P.S. BENGALURU FOR THE OFFENCE PUNISHABLE UNDE SECTIONS 302, 201, 120(B), 109, 143, 144 R/W 149 OF IPC AND SEC.3 2(Va) OF SC/ST (POA) ACT PENDING ON THE FILE OF THE II ADDL.DISTRICT AND SESSIONS JUDGE AND SPL.JUDGE BENGALURU RURAL DISTRICT BENGALURU IN SPL.C.NO.342/2024. IN CRL.A NO. 1916/2024 BETWEEN: SRI. MAHESH S/O MUNISWAMY, AGED ABOUT 30 YEARS, R/AT RAJAPURA VILLAGE, JIGANI HOBALI, ANEKAL TALUK, BANGALORE URBAN DISTRICT-562 106. ...APPELLANT (BY SMT. N. PADMAVATHI, ADVOCATE) AND: 1. STATE OF KARNATAKA BY SURYANAGAR POLICE STATION ANEKAL TALUK BENGALURU RURAL DISTRICT REP: BY SPP, HIGH COURT BUILDINGS, BENGALURU-560001. - 3 - HC-KAR NC: 2025:KHC:22020 CRL.A No. 2356 of 2024 C/W CRL.A No. 1916 of 2024 2. SRI. PADMARAJU S/O LATE THIMMAIAH, AGED ABOUT 54 YEARS, MARASOOR VILLAGE, INDIRANAGAR KASABA HOBLI ANEKAL TALUK BENGALURU DISTRICT-562 106 ...RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR RESPONDENT NO.1; NOTICE SERVED ON RESPONDENT NO.2) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14(A)(2) OF SC/ST (POA) ACT, 2015 PRAYING TO SET ASIDE THE ORDERS DATED 05.10.2024 PASSED BY THE II ADDL. DIST. AND SESSIONS JUDGE AND SPECIAL JUDGE BENGALURU RURAL DISTRICT, BENGALURU IN SPL.C.NO.342/2024 AND GRANT BAIL TO THE APPELLANT IN CR.NO.109/2024 OF THE SURYANAGAR POLICE ANEKAL TALUK BENGALURU DISTRICT, NOW PENDING SPL.C.NO.342/2024 OF THE II ADDL. DIST. AND SESSIONS JUDGE AND SPECIAL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 302, 201, 120B, 109, 143, 144, 149 OF IPC AND SEC. 3(2)(VA) OF SC AND ST ATROCITIES ACT, 1989, BY IMPOSING ANY CONDITION OR CONDITIONS AS THE HONBLE COURT DEEMS FIT UNDER THE CIRCUMSTANCES OF THE CASE. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA COMMON ORAL JUDGMENT The appellant - accused No.3 in Crl.A.No.1916/2024 and the appellants - accused Nos. 6 and 7 in Crl.A.No.2356/2024 are 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 SC & ST - 4 - HC-KAR NC: 2025:KHC:22020 CRL.A No. 2356 of 2024 C/W CRL.A No. 1916 of 2024 Act’ for short) in Crime No.109/2024 of Suryanagar Police Station, Bengaluru, pending before the learned II Additional District and Sessions Judge and Special Judge, Bengaluru Rural District, Bengaluru in Spl.Case.No.342/2024 registered for the offences punishable under Sections 302, 201, 120B, 109, 143, 144, 149 of IPC and Section 3(2)(va) of the SC & ST Act, on the basis of the first information lodged by informant- Padmaraju. 2. Heard Sri. Manjunath M.R. learned counsel for the appellants in Crl.A.No.2356/2024, Smt. N Padmavathi, learned counsel for the appellant in Crl.A.No.1916/2024 and Smt. Rashmi Jadhav, learned Additional SPP for 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 appellants are entitled for grant of bail under Section 14-A of SC/ST (Prevention of Atrocities) Act, 1989?” My answer to the above point is in ‘Affirmative’ for the following: - 5 - HC-KAR NC: 2025:KHC:22020 CRL.A No. 2356 of 2024 C/W CRL.A No. 1916 of 2024 R E A S O N S 4. The appellants are accused Nos. 3, 6 and 7. It is stated that they were apprehended on 29.02.2024 and since then, they are in judicial custody. Initially, the father of the deceased lodged the first information against accused No.1 and others. It is the contention of the prosecution that accused No.1 is the brother of one Bablu, who was brutally murdered. It is stated that, the deceased was the accused in the said murder case, and with that motive, accused No.1 conspired with the other accused and caused the death of the deceased. Accused No.1 secured the deadly weapons i.e., long, chopper, etc., and asked accused Nos. 3 and 5 to get the deceased to the spot. Accordingly, they have brought the deceased to the scene of occurrence. Accused Nos. 6 and 7 were having watch and ward. Accused No.3 caught hold of the deceased, and accused Nos. 1 and 2 have assaulted him 5 to 6 times with the long. In the meantime, accused No.4 assaulted the deceased with the chopper. As a result of which, he collapsed at the spot and died. 5. The allegations against accused Nos. 1, 2 and 4 are very serious in nature as it is stated that they are the - 6 - HC-KAR NC: 2025:KHC:22020 CRL.A No. 2356 of 2024 C/W CRL.A No. 1916 of 2024 assailants. It is the allegation against accused No.3 that he was holding the deceased. It is alleged that accused Nos. 6 and 7 were having watch and ward to prevent any other persons coming to the spot. Admittedly, these appellants are not the assailants. Moreover the sole eye-witness by name Srikantha said to have identified accused No.1 while he was in police station, but not identified these appellants. 6. As per the charge sheet, the entire incident was recorded in CCTV camera, and it is stated that the same is part of the charge sheet. Even according to the case made out by the prosecution and the charge sheet, these appellants are not the assailants. It is not the contention of the prosecution that the appellants are having any criminal antecedents. Therefore, I am of the opinion, that the appellants may be granted bail subject to conditions which will take care of the interest of the prosecution as well as interest of the complainant and the witnesses. 7. Accordingly, I answer the above point in the affirmative and proceed to pass the following: ORDER The appeals are allowed. - 7 - HC-KAR NC: 2025:KHC:22020 CRL.A No. 2356 of 2024 C/W CRL.A No. 1916 of 2024 The appellants are ordered to be enlarged on bail in Crime No.109/2024 of Suryanagar Police Station, Bengaluru, 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 appellants shall not commit similar offences. b). The appellants shall not threaten or tamper with the prosecution witnesses. c). The appellants shall appear before the Court as and when required. If in case, the appellants 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 appellants, the Trial Court is at liberty to direct the Investigating Officer to verify the correctness of the address and authenticity of the documents furnished by the appellants and the sureties and a report may be called for in that regard, which is to be - 8 - HC-KAR NC: 2025:KHC:22020 CRL.A No. 2356 of 2024 C/W CRL.A No. 1916 of 2024 submitted by the Investigating Officer within 5 days. The Trial Court on satisfaction, may proceed to accept the sureties for the purpose of releasing the appellants on bail. Sd/- (M G UMA) JUDGE SPV List No.: 1 Sl No.: 23