- 1 - HC-KAR NC: 2025:KHC:30484 CRL.A No. 1455 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL APPEAL NO. 1455 OF 2025 (U/S 14(A)(2)) BETWEEN: RAJARAJAN @ SETU S/O SELVARAJ AGED ABOUT 37 YEARS R/AT NO-9/14, 12TH CROSS K.P.AGRAHARA, MAGADI ROAD BENGALURU -562 123 NATIVE AT VALAJA VILLAGE AND LIMITS OF POLICE STATION NEAR V.C. MOTOR VELLUR DISTRICT TAMILNADU-638 182 …APPELLANT (BY SRI. BASAVARAJU T A., ADVOCATE) AND: 1. STATE OF KARNATAKA BY MADANAYAKANAHALLY POLICE STATION BENGALURU RURAL DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR, PUBLIC PROSECUTOR OFFICE HIGH COURT BUILDING HIGH COURT OF KARNATAKA AMBEDKAR VEEDHI AT BANGALURU, -PIN-560 001 Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30484 CRL.A No. 1455 of 2025 2. SMT. KASTURI W/O LATE EKAMBARAM AGE 72 YEARS, R/AT NO-27 KARTHIK NAGAR, HARIYURU VELLUR NORTH, ARKAD DISTRICT TAMILNADU-632 503. PERMANENT AT NO-22/6, 6TH CROSS MAGADI ROAD NEAR KRISHNA BAR NAGAMMA NAGAR BENGALURU-560 023 …RESPONDENTS (BY SMT.WAHEEDA M. M. 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 07.07.2025 PASSED IN SPL.C.NO.506/2023 (CRIME NO.540/2022) OF MADANAYAKANAHALLY POLICE STATION FOR AN OFFENCE PU/S.302 R/W SEC.34 OF IPC AND SEC.3(2)(v) OF SC/ST (POA) ACT, ON THE FILE OF THE HONBLE II ADDL. DISTRICT AND SESSIONS JUDGE AND SPECIAL JUDGE, BENGALURU RURAL DISTRICT, BENGLAURU CONSEQUENTLY ENLARGE THE APPELLANT ON REGULAR BAIL. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2025:KHC:30484 CRL.A No. 1455 of 2025 ORAL JUDGMENT 1. The appellant who is arraigned as accused No.1 in Crime No.540/2022 of the respondent - Police is before this Court seeking regular bail for the offences punishable under Sections 302 r/w 34 of Indian Penal Code (for short “IPC”) and Sections 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short ‘SC/ST (POA) Act’) and seeking to set aside the order dated 07.07.2025 passed in Spl.Case No.506/2023 by the II Additional District and Sessions Judge and Special Judge, Bengaluru Rural District. Factual matrix of the case: 2. It is the case of the prosecution that the complainant was maintaining one private firm, namely, ‘Mallikarjuna Enterprises’ having its godown at Machohalli Huliyuramma Temple. The sheds were constructed for the accommodation of labourers and also to store scraps. The labourers used to stay in the shed. 3. On 15.11.2022, at about 4.10 a.m., the complainant had received a call from one watchman by name Raju stating - 4 - HC-KAR NC: 2025:KHC:30484 CRL.A No. 1455 of 2025 that some persons were quarreling in the room and thereafter, the room was locked from inside. The complainant went to the spot along with his brother and others. There, he found that one person was murdered in the room. Thereafter, the complainant lodges a complaint against unknown persons. On the basis of the complaint, the respondent police registered a case in Crime No.540/2022 for the offences stated supra. After conducting the investigation, submitted the charge sheet. 4. Heard Sri.Basavaraju T.A, learned counsel for the appellant and Smt.Waheeda M.M, learned High Court Government Pleader for the respondent No.1 – State. Respondent No.2 is served and unrepresented. 5. It is the submission of learned counsel for the appellant that the FIR was registered against unknown persons. There is no eyewitness to the incident and even no last seen theory witness was present. The recovery of blood- stained clothes was fabricated after the arrest of the appellant. All the recoveries were effected jointly. 6. It is further submitted that, in fact, the appellant was released on bail on 25.02.2025. After his release, he was - 5 - HC-KAR NC: 2025:KHC:30484 CRL.A No. 1455 of 2025 taking treatment continuously from the hospital. He was having some problem with his leg and he is also a diabetic patient. 7. It is further submitted that his left leg was amputated after the gunshot. Therefore, the appellant may be enlarged on bail by imposing suitable conditions. Making such submissions, learned counsel for the appellant prays to allow the appeal. 8. Per contra, learned HCGP for the respondent No.1 – State vehemently submitted that the grant of bail on medical ground is not proper and perfect for the reason that treatment will be provided to the accused in jail by the competent jail authority. There may be chances of absconding or tampering with the prosecution witnesses. Therefore, he may not be released on bail. Making such submissions, learned HCGP prays to dismiss the appeal. 9. Heard the learned counsel for the respective parties and also perused the averments of the charge sheet. As could be seen from the record that, the left leg of the accused was amputated and he may not be able to walk without crutches. Though he is stated to have committed - 6 - HC-KAR NC: 2025:KHC:30484 CRL.A No. 1455 of 2025 heinous offences like murder, the fact remains that, he needs treatment regularly for his amputated leg. Having considered the same, it is appropriate to grant him bail by imposing suitable conditions. 10. Hence, I proceed to pass the following: ORDER i) The Criminal Appeal is allowed. ii) The order dated 07.07.2025 passed in Spl.Case No.506/2023 by the II Additional District and Sessions Judge and Special Judge, Bengaluru Rural District, is set aside. iii) The appellant / accused No.1 is ordered to be enlarged on bail in Crime No.540/2022 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 Trial Court, subject to the following conditions: a) The appellant shall not tamper the prosecution witnesses nor hamper the proceedings of the Court. - 7 - HC-KAR NC: 2025:KHC:30484 CRL.A No. 1455 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.: 1 Sl No.: 21