- 1 - HC-KAR CNR: KAHC010441742026 NC: 2026:KHC:49605 CRL.A No. 1091 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 1091 OF 2026 BETWEEN: ROSHAN KUMAR S/O NAGOSAVA, AGED ABOUT 25 YEARS, PRESENTLY R/AT VEERANNA BUILDING, ADDIGANAHALLI(V), HESARAGATTA, YELAHANKA TALUK, BENGALURU - 560 063. PERMANENT RESIDENT OF MAHESWAD VILLAGE, MANJOLI TALUK, BEGUSARAI DISTRICT, BIHAR - 851 127. …APPELLANT (BY SRI. VISHWAS GOWDA G.M, ADVOCATE) AND: 1. THE STATE OF KARNATAKA RAJANAKUNTE P.S. BENGALURU REP. BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX, BENGALURU - 560 001. 2. SMT. MAMTA W/O LATE MARAPPA, AGED ABOUT 39 YEARS RESIDING AT VEERANNA BUILDING, ADDIGANAHALLI (V), HESARAGATTA, Digitally signed by ANNAPURNA G Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010441742026 NC: 2026:KHC:49605 CRL.A No. 1091 of 2026 YELAHANKA TALUK, BENGALURU - 560 063. …RESPONDENTS (BY SRI. K. NAGESHWARAPPA, HCGP FOR R1; R2 SERVED AND UNREPRESENTED) THIS CRL.A IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT, 2015 PRAYING TO A) ALLOW THE PRESENT CRIMINAL APPEAL FILED UNDER SECTION 14A(2) OF THE SCHEDULED CASTES AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 1989 AND SET ASIDE THE ORDER DATED 13.03.2024 PASSED BY THE LEARNED II ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU IN CRL. MISC. NO.235/2024, REJECTING THE BAIL APPLICATION FILED BY THE APPELLANT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT 1. The appellant who is accused No.2 preferred this appeal against the order passed by the II Additional District and Sessions Judge, Bengaluru (Rural) District, Bengaluru in Crl.Misc.No.235/2024 dated 13.03.2024. 2. The brief facts leading to filing of this appeal are that; - 3 - HC-KAR CNR: KAHC010441742026 NC: 2026:KHC:49605 CRL.A No. 1091 of 2026 Rajanukunte police submitted the charge sheet against accused Nos.1 to 4 for commission of the offence under Section 302 r/w Section 34 of IPC and Section 3(2)(v) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 2015. The accused were arrested by the police on 10.07.2023 and till this day the accused is in judicial custody. The appellant had filed application before the Trial Court under Section 439 of Cr.P.C for grant of regular bail. The same came to be rejected on 13.03.2024. Being aggrieved by this order, the appellant has preferred this appeal. 3. On perusal of the material placed before this Court, it is clear that on the basis of the complaint made by Smt.Mamta on 05.07.2023, Rajanukunte police have registered a case against accused No.1 - Deepak, accused No.2 - Pavan and accused No.3 - Shyam Kumar for commission of the offences under Sections 143, 149 and 302 IPC. After investigation, the Investigating Officer has submitted the charge sheet against accused Nos.1 to 4 ie., - 4 - HC-KAR CNR: KAHC010441742026 NC: 2026:KHC:49605 CRL.A No. 1091 of 2026 accused No.1 - Pavan, accused No.2 - Roshan Kumar (present appellant) and accused No.3 - Aman Sahani and accused No.4 - Shyam Kumar for commission of the offences under Section 302 r/w Section 34 of IPC and Section 3(2)(v) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 2015. In Column No.17, it is alleged against accused Nos.1 to 4 as under; "ಎ1 ಂದ ಎ4 ರವೆ ನ ಆೋಗಳ ಾ ೇೆಯ ಮಧಾನ ಾ !ೊಂಡು $ೋರು ಗ%ಾ&ೆ ಾ !ೊಳ'(ದ) *+ಾರದ ಾರಪ- ./ %ೇ0 1ೋ*ಂದಪ- ರವರು ಅ3ೇಕ 5ಾ ಗ%ಾ&ೆ ಾ , 6ೊಂದೆ !ೊಡದಂ6ೆ 5ೈದು ಎಚ9!ೆ :ೕ ದು), ಆದರೂ ಸಹ ಸವ=ೕ>ಯ ಮಲ $ಾ1ೆ @ೇದ ಎ1, ಎ3, ಸವ=ೕ>ಯ !ಾನೂ $ಾ1ೆ @ೇದ ಎ2 Aಾಗೂ ಪBಷD $ಾ1ೆ @ೇದ ಎ4 ಆೋಗಳ E3ಾಂಕ: 04.07.2023 ರಂದು ಾ 9.00 ಗಂ&ೆ ಸಮಯದ ಅವರು ಾಸಾ ದ) ರೂಂನ, $ೋರು ಗ%ಾ&ೆ ಾಡು(ದು)ದಂದ, ಮೃತ ಾರಪ- ರವರು @ಾH 01 ರವ1ೆ ಇವರು ಈ ೕ ಕೂ1ಾ ದೆ :Kೆ) ಬರುವMEಲ, ಅವ1ೆ ಬುE) AೇN ಬರು6ೆ(ೕ3ೆಂದು AೇN ಆೋಗಳ ಮ3ೆಯ ಬN1ೆ Aೋ , ಎ1 ಂದ ಎ4 ರವೆ ನ ಆೋಗN1ೆ, :ೕವM 3ೆಮOEPಾ :Kೆ) ಾಡಲು .ಡುವMEಲ, ಸುಮO3ೆ ಇ ಎಂದು 5ೈದು, ಾರಪ- ರವರು ಎ1 ಆೋಯ ಕು(1ೆ ಪQD R ದು Aೊರ1ೆ ಎೆದು!ೊಂಡು ಬಂKಾಗ, ಎ1 ಂದ ಎ4 ರವೆ ನ ಆೋಗಳ ಾರಪ- ರವರು ತಮO ಇ+ೆSಯಂ6ೆ ಬದುಕಲು .ಡು(ಲ, ಈತನನುT - 5 - HC-KAR CNR: KAHC010441742026 NC: 2026:KHC:49605 CRL.A No. 1091 of 2026 ಮು ಸ5ೇ!ೆಂದು ೕಾ>:U!ೊಂಡು, ಆೋಗೆಲರೂ ಾರಪ- !ೊ%ೆ ಾಡುವ ಸಾನ ಉKೆ)ೕಶEಂದ, ಎ1 ಆೋಯು ಾರಪ- ರವ1ೆ !ೈಗNಂದ Xೖ !ೈ1ೆ ಗುE)ದು), ಎ2 ಮತು( ಎ4 ಆೋಗಳ ಾರಪ- ರವರ ಎರಡೂ !ೈಗಳನುT Rಂದ!ೆY R ದು!ೊಂZಾಗ, ಎ3 ಆೋಯು !ೈಗNಂದ ಗುE) 3ೋವMಂಟು ಾ ದು), ಕೂಡ%ೆ @ಾH 01 ರವರು ಬಂದು ಾರಪ-ನನುT .ಡುವಂ6ೆ !ೇNದರೂ ಸಹ .ಡKೆ, ಎ1 ಆೋಯು ಮರದ ೕ\ ಪQDಯನುT ತ1ೆದು!ೊಂಡು, ಾರ]ಪ ರವರ ತ%ೆ1ೆ AೊZೆದು ೕವ ಸ^ರೂಪದ ರಕ(1ಾಯಪ U, @ಾ_U !ೊ%ೆ ಾ , $ಾ Kೌಜ>ನೆಸ ರು6ಾ(ೆಂದು ಇದುವೆ1ೆ ನZೆUದ ತ:bೆ_ಂದ ದೃಢಪQDರು6ೆ(." 4. It is submitted by the learned counsel for the appellant that name of the present accused was not shown in the F.I.R. Only on the basis of statement of co-accused, the Investigating Officer has submitted the charge sheet against the present accused without collecting any sufficient materials against accused No.2. Even if it is presumed that the present accused was involved in this alleged offence, then also the offence under Section 302 of IPC will not attract to the case on hand, as there is no pre- meditation to commit alleged offence. The present accused has not used any deadly weapon to commit the alleged - 6 - HC-KAR CNR: KAHC010441742026 NC: 2026:KHC:49605 CRL.A No. 1091 of 2026 offence. It is alleged by the prosecution that accused No.1 has assaulted the deceased with wooden reaper patti on his head causing grievous injury to him and committed the murder of Marappa. The only allegation against accused No.2 is that accused Nos.2 and 4 have held the hands of the deceased. The accused had no intention or motive to commit the murder. 5. A plain reading of the accusation made against accused No.2 will attract only the offence under Section 304 Part-II of IPC. The accused is in judicial custody since the date of arrest, that is, 10.07.2023. The accused is not required for further investigation as the investigation is already completed and the accused is ready to abide the conditions imposed by this Court. On these grounds, he sought for allowing this appeal. 6. On careful examination of the materials placed before this Court, it is crystal clear that name of the present appellant is not found in the F.I.R. Only after investigation, - 7 - HC-KAR CNR: KAHC010441742026 NC: 2026:KHC:49605 CRL.A No. 1091 of 2026 the Investigating Officer has submitted the charge sheet against accused Nos.1 to 4. 7. Considering the nature and gravity of the offence and the accusation made against accused No.2, I am of the opinion that at this stage without expressing any opinion on the merits of the case, it is just and proper to release the accused/appellant on bail with conditions. Accordingly, I proceed to pass the following; ORDER The appeal is allowed. The order passed by the II Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru in Crl.Misc.No.235/2024 dated 13.03.2024 is set aside. Consequently, the application filed under Section 439 of Cr.P.C is allowed on the following conditions; (i) The appellant/accused No.2 - Roshan Kumar, s/o Nagosava shall be released on bail on he executing a self-bond of Rs.1,00,000/- with two - 8 - HC-KAR CNR: KAHC010441742026 NC: 2026:KHC:49605 CRL.A No. 1091 of 2026 sureties for the likesum to the satisfaction of the Trial Court. (ii) The appellant / accused No.2 shall appear before the Trial Court on all the dates of hearing without fail. (iii) The appellant / accused No.2 shall not leave the jurisdiction of Karnataka State without prior permission from the Trial Court. (iv) The appellant / accused No.2 shall not tamper or threaten the prosecution witnesses in any manner. (v) The appellant / accused No.2 shall not indulge in any offences. Registry is directed to communicate this order to the Trial Court. SD/- (G BASAVARAJA) JUDGE GH List No.: 1 Sl No.: 18