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2025 DAILYLAW 70388 (KAR)

ANANDA @ ANAND KUMAR S v. STATE OF KARNATAKA

CRL.A/2222/2025 · 2025-12-01

G Basavaraja

Criminal Appealbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:49953 CRL.A No. 2222 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 2222 OF 2025 (U/S 14(A) (2)) BETWEEN: 1. ANANDA @ ANAND KUMAR S., SON OF LATE SHIVAPPA AGED 36 YEARS HANGAL VILLAGE, GUNDLUPETE TALUK, CHAMARAJANAGAR-571126. 2. RAJSHEKHARA SON OF LATE CHANNAPPA AGED 48 YEARS HANGAL VILLAGE, GUNDLUPETE TALUK, CHAMARAJANAGAR-571126. 3. PRASAD @ JALENDRA SON OF SHIVAPPA AGED 38 YEARS HANGAL VILLAGE, GUNDLUPETE TALUK, CHAMARAJANAGAR-571126. 4. HOTEL APPU @ GATTI @ H B APPU SON OF BASAVANNA AGED 24 YEARS HANGAL VILLAGE, GUNDLUPETE TALUK, CHAMARAJANAGAR-571126. 5. AUTOCHANDRU @ CHANDAN H P SON OF PRAKASH AGED 20 YEARS Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49953 CRL.A No. 2222 of 2025 HANGAL VILLAGE, GUNDLUPETE TALUK, CHAMARAJANAGAR-571126. 6. RAJESHA @ DINESH AGED 29 YEARS S/O H. M. MALLIKARJUNAPPA, HANGAL VILLAGE, GUNDLUPETE TALUK, CHAMARAJANAGAR-571126. 7. TEJAS S SON OF SWAMAPPA AGED 27 YEARS HANGAL VILLAGE, GUNDLUPETE TALUK, CHAMARAJANAGAR-571126. 8. MADHU @ TATTOO SON OF MAHADEVAPPA AGED 33 YEARS HANGAL VILLAGE, GUNDLUPETE TALUK, CHAMARAJANAGAR-571126. 9. VIJAY AGED 29 YEARS SON OF MAHADEVAPPA HANGAL VILLAGE, GUNDLUPETE TALUK, CHAMARAJANAGAR-571126. 10. CHANDRU @ PURNACHANDRA H. R. SON OF RAJSHEKHARAPPA AGED 41 YEARS HANGAL VILLAGE, GUNDLUPETE TALUK, CHAMARAJANAGAR-571126. 11. MANJAPPA SON OF CHIKKAMALLAPPA - 3 - HC-KAR NC: 2025:KHC:49953 CRL.A No. 2222 of 2025 AGED 43 YEARS HANGAL VILLAGE, GUNDLUPETE TALUK, CHAMARAJANAGAR-571126. 12. NANDISHA @ NANDISHWARA SON OF MALLAPPA AGED 39 YEARS HANGAL VILLAGE, GUNDLUPETE TALUK, CHAMARAJANAGAR-571126. …APPELLANTS (BY SRI. VINOD KUMAR M., ADV.) AND: 1. STATE OF KARNATAKA BY GUNDLUPETE POLICE STATION, GUNDLUPETE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE -560001. 2. SRI. KRISHNA SON OF KUNNAIAH AGED ABOUT 46 YEARS RESIDING AT HANGALA VILLAGE, HANGALA HOBLI, GUNDLUPETE TALUK, CHAMARAJANAGAR DISTRICT-571126. …RESPONDENTS (BY SRI. B. LAKSHMAN, HCGP FOR R1, VIDE COURT ORDER DATED: 01/12/2025 R2 SERVED AND UNREPRESENTED.) THIS CRL.A. IS FILED U/S.14(A) (2) OF SC/ST (POA) ACT, 2015 PRAYING TO DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER ON BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO.249/2025 OF GUNDLUPET POLICE STATION, CHAMARAJANAGAR, PENDING BEFORE THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, - 4 - HC-KAR NC: 2025:KHC:49953 CRL.A No. 2222 of 2025 CHAMARAJANAGAR FOR THE OFFENCE P/US/ 189(2),109,118(1),352,351(2),351(3),190 OF IPC AND SEC.3(2)(v),3(2)(v-a),3(1)(r)(s) OF SC/ST (POA) ACT 1989 BY ACCEPTING SURETIES OR IMPOSING SUCH CONDITIONS AS THIS HON'BLE COURT MAY DEEM FIT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT This appeal is filed against the order passed by the Prl. District and Sessions Judge, Chamarajanagara in Crl. Misc. No.415/2025 dated 24.10.2025. 2. The brief facts leading to this appeal are that on the basis of the complaint filed by one Krishna, Gundlupete Police have registered the case in Crime No.249/2025 against the accused Nos.1 to 13 for the offences punishable under Section 189(2), 109, 118(1), 352, 351(2), 351(3), 190 of Bharatiya Nyaya Sanhita, 2023 and Section 3(2)(v), 3(2)(v-a), 3(1)(r)(s) of SC and ST (Prevention of Atrocities) Act, 1989. - 5 - HC-KAR NC: 2025:KHC:49953 CRL.A No. 2222 of 2025 3. The appellants have filed application under Section 482 of Code of Criminal Procedure for grant of anticipatory bail, same came to be rejected by the trial Court. Hence, appellants have preferred this appeal. 4. I have examined the materials placed before this Court. On the basis of the complaint filed by one Krishna, the Gundlupete Police have registered the case in Crime No. 249/2025 against accused Nos.1 to 13 for the offences punishable under Section 189(2), 109, 118(1), 352, 351(2), 351(3), 190 of Bharatiya Nyaya Sanhita, 2023 and Section 3(2)(v), 3(2)(v-a), 3(1)(r)(s) of SC and ST (Prevention of Atrocities) Act, 1989. It is submitted by the learned counsel for the appellants that accused No.1- Mahadevaswamy and accused No.6-Autochandru @ Chandan H.P are already arrested by the concerned police and produced them before the trial Court. The trial Court has already released them on bail. 5. It is also submitted by the learned counsel for the appellant that the charge-sheet is already filed against - 6 - HC-KAR NC: 2025:KHC:49953 CRL.A No. 2222 of 2025 the accused for the alleged commission of offences. The present appellants are not required for further investigation. 6. On perusal of the FIR there is no direct evidence against these appellants to show that these appellants have abused the complainant by referring their caste. Considering the nature and gravity of offences and antecedents of these appellants and release of the prime accused No.1 by the trial Court, I am of the opinion that, it is just and proper to allow this appeal. Hence, I proceed to pass the following: ORDER i) Appeal is allowed. ii) The order passed by the Prl. District and Sessions Judge, Chamarajanagara in Crl. Misc. No.415/2025 dated 24.10.2025 is set aside. iii) The appellant Nos.1 to 4, 6 to 12 shall be released on bail on executing a self bond of - 7 - HC-KAR NC: 2025:KHC:49953 CRL.A No. 2222 of 2025 Rs.50,000/- each with one surety each for like sum to the satisfaction of the trial Court. iv) The appellants shall appear before the trial Court and co-operate for conducting trial. v) The appellants shall not tamper or threaten the prosecution witnesses in any manner. vi) The appellants shall not indulge in similar offences. vii) Registry is directed to send the copy of this order to the trial Court. Sd/- (G BASAVARAJA) JUDGE KBM List No.: 1 Sl No.: 24