- 1 - HC-KAR NC: 2025:KHC:41636 CRL.A No. 736 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 736 OF 2025 BETWEEN: MOHAMMED SALMAN, S/O LATE IQBAL PASHA, AGED ABOUT 27 YEARS, R/AT JAYANAGARA, NELAMANGALA TOWN, BENGALURU RURAL - 562123, HAVING PERMANANT ADDRESS AT NO.158, YAARAB NAGAR, BANASHANKARI 2ND STAGE BENGALURU. …APPELLANT (BY SRI ABHAY R S, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY NELAMANAGALA TOWN POLICE STATION, NELAMANGALA TOWN, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560001. 2. SRI BETTASWAMY, S/O MARIYAPPA, AGED ABOUT 40 YEARS, R/AT JAYANAGAR, NELAMANGALA TOWN, BENGALURU, KARNATAKA: 562123. …RESPONDENTS (BY SRI LAKSHMAN B, HCGP FOR R1, SRI MANORANJINI, ADVOCATE FOR R2 (ABSENT)) Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41636 CRL.A No. 736 of 2025 THIS CRL.A IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT BY THE ADVOCATE FOR THE APPELLANT/S PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER DTD 01.04.2023 IN SPL.C.NO.334/2020 PASSED BY 2nd ADDITIONAL DISTRICT AND SESSIONS JUDGE, AT BENGALURU RURUAL DISTRICT, BENGALURU, ALLOW THE APPLICATION AND ENLARGE THE APPELLANT ON BAIL. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT Appellant who is accused No.3 before the trial court, has preferred this appeal against the order passed by II Additional District & Sessions Judge, Bengaluru Rural District, Bengaluru in Special Case No.334 of 2020 dated 01st April, 2023. 2. Facts leading to this appeal are that Nelamangala Town Police Station filed FIR No.77 of 2020 against the accused for offence punishable and section 302 read with Section 34 of Indian Penal Code and section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. After investigation, investigating officer submitted charge-sheet against accused for the aforestated offence and the case came to be registered in Special Case No.334 of 2020. Accused 1 - 3 - HC-KAR NC: 2025:KHC:41636 CRL.A No. 736 of 2025 and 3 have filed bail application under section 438 of Code of Criminal Procedure and the same came to be rejected. Hence, accused No.3 has preferred this appeal. 3. Sri Abhay R.S. learned counsel for the appellant would submit that the accused has not committed any offence as alleged against them. As per the complaint, Mohammed Salman has assaulted the deceased. The accused has not used any weapons for commission of offence. The prosecution has not recovered any weapon used for the alleged commission of offence by the present appellant. The post-mortem report reveals that there are stab injuries. But the present appellant has not stopped the deceased. During the course of cross- examination of PW9-Ravi, has clearly admitted that in CCTV footage clippings present appellant was not found. The learned Counsel would submit that the accused is in judicial custody for the past five years, i.e. from the date of his arrest. Hence, he sought to allow the appeal. 4. As against this, Sri B. Lakshman, learned High Court Government Leader appearing for the State would submit that the trial court has properly appreciated the materials on - 4 - HC-KAR NC: 2025:KHC:41636 CRL.A No. 736 of 2025 record and rejected the bail application. The offences are heinous in nature and there are no grounds to interfere with the impugned order passed by the trial court and accordingly, sought for dismissal of the appeal. 5. I have examined the materials placed before this court. Nelamangala Town Police have already submitted charge-sheet against accused 1 to 3 for the offence punishable under section 302 read with section 34 of Indian Penal Code and under section 3(2)(v) of SC/ST (PoA) Act. In the charge- sheet, it is alleged that accused No.1 stabbed Arunkumar on his nose, chest and left ribs. Accused No.2 and 3 have assaulted Arunkumar with their hands and legs. Accused No.3 has assaulted the deceased on his abdomen and back. Deceased died on the spot. At this stage, on examination of papers, there are prima facie material to attract the alleged commission of offence against the present appellant. Alleged commission of offence is heinous in nature and punishable with death or imprisonment for life. The trial is already going on and the same will be completed shortly. Hence, without expressing any - 5 - HC-KAR NC: 2025:KHC:41636 CRL.A No. 736 of 2025 opinion on the merits of the case, at this stage, it is not proper to allow the appeal. In the result, appeal is dismissed. Sd/- (G BASAVARAJA) JUDGE lnn List No.: 1 Sl No.: 81