Karnataka High Court
Sri.Uday vs State Of Karnataka on 17 August, 2021
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF AUGUST 2021
BEFORE
THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR
CRIMINAL APPEAL No. 964/2021
BETWEEN
Sri. Uday
S/o Ramesha
Aged about 24 years
Delivery Boy of ATBD Company
R/at: No. 84, Ward No. 12,
Jambhava Nagara,
Anekal Taluk,
Bengaluru District - 562 106.
...Appellant
(By Sri.Leeladhar H P, Advocate)
AND
1. State of Karnataka
By Attibele Police Station,
Anekal Taluk,
Bengaluru District,
Rep:SPP,
High Court Buildings,
Bengaluru - 560 001.
2. Srinath,
S/o Saibanna,
Aged about 29 years,
Supervisor,
R/at Murthi Building,
Tulasi Concrete,
2
Anjinapura Village,
Banshankari,
Bengaluru South Taluk,
Bengaluru - 560 062.
Original Residence:
Banami Village,
Kalagi Taluk,
Kalburgi District.
Mob.No. 9663074745
...Respondents
(By Sri.R. D. Renukaradhya, HCGP for R1; R2 served)
This Criminal Appeal is filed under Section 14-A (2)
of SC/ST (POA) Act praying to set aside the order dated
26.03.2021 passed by the II Additional District and
Sessions Judge, Bengaluru Rural District, in
Spl.C.C.No.12/2021 rejecting the bail petition and etc.,
This Criminal Appeal coming on for admission this
day, the court delivered the following:
JUDGMENT
This is an appeal under section 14A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act (for short 'the Act'). Appellant is accused No.3 in Special Case No. 12/2021 pending on the file of II Additional District and Sessions Judge, Bengaluru Rural District. The 3 Sessions Court dismissed the bail application of the appellant and hence this appeal aggrieved by the said order.
2. The appellant and other accused have been facing trial in connection with offences punishable under sections 364, 302, 201 of IPC and section 3(2)(5) of the Act read with section 34 of IPC. The case pertains to homicidal death of one Dattatreya. There are no eye witnesses to the incident and the entire case rests on circumstantial evidence. Already this court has granted bail to accused Nos. 1 and 2 in Crl.A.575/2021. Therefore parity can be extended to the appellant. In view of this, appeal deserves to be allowed. Hence, the following : -
ORDER
(i) Appeal is allowed.4
(ii) The order passed by the II Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru, dated 26.3.2021 on the application under section 439 Cr.P.C is set aside, the said application is allowed.
(iii) It is hereby ordered that the appellant shall be released on bail by obtaining from him a bond for Rs.2,00,000/- and two sureties for the likesum to the satisfaction of the trial court. The appellant is also subjected to the conditions that,
(a) He shall not tamper with the evidence and threaten the witnesses.
(b) He shall regularly appear before the trial court till conclusion of the trial. 5
(c) He shall produce his address proof to the trial court and he shall undertake that in case he changes his residence, he shall update his address by filing his address.
(d) He shall not get involved in any criminal offence.
Sd/-
JUDGE ckl