- 1 - HC-KAR NC: 2025:KHC:34550 CRL.A No. 13 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL APPEAL NO. 13 OF 2025 (U/S 14(A) (2)) BETWEEN: SANJAY @ SANJU @ SOPPU S/O MAHADEVA AGED ABOUT 20 YEARS R/AT NO.176 2ND CROSS BYRAVESHWARA NAGARA, HUDCO METAGALLI, MYSORE – 577 002 …APPELLANT (BY SRI. RAJU C N.,ADVOCATE) AND: 1. STATE BY NAZARBAD POLICE MYSORE REPRESENTED BY SPP HIGH COURT OF KARNATAKA AT BANGALORE-560 009 2. BHANUMATHI W/O LATE B M DORESWAMY AGED ABOUT 70 YEARS Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:34550 CRL.A No. 13 of 2025 R/AT NO.210 6TH CROSS VIDYANAGARA MYSORE-577 002 …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R1; R2 IS SERVED AND UNREPRESENTED) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14(A)2) OF SC/ST (POA) ACT PRAYING TO SET ASIDE THE ORDER DATED 01.04.2024 PASSED BY THE 6TH ADDL.DISTRICT AND SPL.JUDGE MYSORE IN SPL.C.NO.690/2023 ARISING OUT OF CR.NO.90/2023 OF NAZARBAD POLICE MYSORE FOR THE OFFENCE P/U/S 341, 302, 201 R/W 34 OF IPC AND SEC.3(2)(V-a) OF SC/ST (POA) ACT AND ENLARGE THE APPELLANT ON BAIL BY ALLOWING THIS APPEAL. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2025:KHC:34550 CRL.A No. 13 of 2025 ORAL JUDGMENT 1. The appellant who is arraigned as accused No.2 in Crime No.90/2023 of the respondent - Police is before this Court seeking regular bail for the offences punishable under Sections 341, 302, 201 r/w 34 of Indian Penal Code (for short “IPC”) and Section 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Amendment Act, 2015 (for short ‘SC/ST (POA) Act’) and seeking to set aside the order dated 01.04.2024 passed in Spl.C.No.690/2023 by the VI Additional District and Special Judge, Mysuru. Factual matrix of the case: 2. The case of the prosecution is that the deceased was the son of the complainant. On 19.08.2023, around 09.15 p.m., he visited his house and told the complainant that he should prepare food for him and he would return immediately. Having informed thus, he went away from the place. Thereafter, the friend of the deceased, namely, - 4 - HC-KAR NC: 2025:KHC:34550 CRL.A No. 13 of 2025 Yashwanth went to the house of the complainant and informed her that she was called by her son. She went with him, he took her to the hospital where the deceased was taking treatment as an inpatient at Kaveri Hospital. When she enquired Yashwant about the incident, he narrated that the appellant herein, Kiran and others quarreled with each other. Thereafter, when the deceased was trying to escape from the quarrel and he was running away from the place, one of the accused, namely, Tejas saw that his father Samrat was coming opposite direction to Balraj, he instructed the said Samrat to hold Balraj. Immediately, the said Tejas took out his knife and assaulted Balraj. By that time, it was just missed and a small abrasion was caused to the neck of the deceased. Thereafter, he was trying to run away from the spot. However, Kiran followed Balaraj and pulled him down on the ground. The appellant herein stated to have took the knife from Tejas and stabbed on the left thorax. The deceased was taken to hospital for treatment where he died in the said hospital on account of injury. - 5 - HC-KAR NC: 2025:KHC:34550 CRL.A No. 13 of 2025 3. Heard Sri.Raju C.N, learned counsel for the appellant and Smt.Rashmi Patel, learned High Court Government Pleader for the respondent – State. 4. It is the submission of the learned counsel for the appellant that the appellant has been falsely implicated in this case and he is innocent of the alleged offences. There are no eyewitnesses to the incident. The prosecution projected C.Ws.2 and 3, who are the eyewitnesses to the incident. However, their presence at the spot is doubtful. No materials have been produced to substantiate that CWs.2 and 3 got admitted the said Balraj to the hospital for treatment. 5. It is further submitted that none of the independent witnesses have been cited as a witness to the incident. Therefore, the appellant may be enlarged on bail by imposing suitable conditions. Making such submission one counsel for the appellant prays to allow the appeal. 6. Per contra, the learned High Court Government Pleader for the respondent - State vehemently opposed the said submissions by filing the statement of objections. She further submitted that the accused No.2 had stabbed the - 6 - HC-KAR NC: 2025:KHC:34550 CRL.A No. 13 of 2025 thorax region of the deceased Balraj. The postmortem report would indicate that the injury caused to the deceased Balraj was sufficient to cause his death. As per the overt-act, higher degree has been made out against this appellant. Hence, he is not entitled for any relief as prayed for. 7. Having heard the learned for the respective parties and also perused the averments of the charge sheet, it would indicate that accused Nos.1, 2 and the deceased had been to Ooty for an excursion. There was an altercation took place between the deceased Balraj and accused Nos.1 and 2. On 19.08.2023, around 9.20 p.m., when the deceased Balraj had reached Dr.Rajkumar Road at Mysuru, accused Nos.1 to 3 were waiting for his arrival and started abusing him in filthy language. Thereafter, it is stated that accused Nos.1, 2 and 3 assaulted and committed the murder of the deceased Balraj. 8. The entire case is based on the evidence of eye witnesses, namely, CWs.1 and 2. Prima facie, whether they were present at the spot or not is a matter of trial. However, I am of the considered opinion that the overt- - 7 - HC-KAR NC: 2025:KHC:34550 CRL.A No. 13 of 2025 act of this accused, as narrated in the charge sheet appears to be doubtful and untenable under law. Hence, the appeal has to be allowed. 9. In the light of the observation made above, I proceed to pass the following: ORDER i) The Criminal Appeal is allowed. ii) The order dated 01.04.2024 passed in Spl.C No.690/2023 by the IV Additional District and Special Judge, Mysuru is set aside. iii) The appellant / accused No.2 is ordered to be enlarged on bail in Crime No.90/2023 of respondent-police, on executing a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety for the likesum to the satisfaction of the jurisdictional Court, subject to the following conditions: a) The appellant shall not threaten the prosecution witnesses nor hamper the Court proceedings. - 8 - HC-KAR NC: 2025:KHC:34550 CRL.A No. 13 of 2025 b) The appellant shall appear before the Trial Court on all hearing dates without fail. c) The appellant shall not leave the jurisdiction of the Court till disposal of the case. Sd/- (S RACHAIAH) JUDGE UN List No.: 2 Sl No.: 1