Karnataka High Court
Sri Mahesh Kumr P @ Mahesh vs State Of Karnataka on 14 July, 2025
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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NC: 2025:KHC:26042
CRL.A No. 882 of 2025
C/W CRL.A No. 1214 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL NO. 882 OF 2025
C/W
CRIMINAL APPEAL NO. 1214 OF 2025
IN CRL.A No. 882/2025
BETWEEN:
1. SRI. MANJUNATHA @ HOTEL MANJANNA
S/O. LATE SUBRAPPA,
AGED ABOUT 42 YEARS,
OCCUPATION: HOTEL BUSINESS,
R/AT: RAMASANDRA VILLAGE, NARASAPURA HOBLI,
KOLAR DISTRICT - 563 133.
2. SRI. MALLESH,
S/O. SUBRAPPA,
Digitally signed OCCUPATION: AGRICULTURIST,
by R/AT: RAMASANDRA VILLAGE,
PADMASHREE NARASAPURA HOBLI,
SHEKHAR KOLAR DISTRICT - 563 133.
DESAI
...APPELLANTS
Location: HIGH (BY SRI. RAM SINGH K., ADVOCATE)
COURT OF
KARNATAKA
AND:
1. THE STATE OF KARNATAKA
BY POLICE INSPECTOR,
VEMGAL POLICE STATION,
KOLAR EXTENSION,
KOLAR - 563 102.
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NC: 2025:KHC:26042
CRL.A No. 882 of 2025
C/W CRL.A No. 1214 of 2025
HC-KAR
REB BY SPP. HIGH COURT BUILDING
BANGALORE - 560 001.
2. SRI. PRAVEEN R,
S/O. RAMAPPA,
AGED ABOUT 35 YEARS,
R/AT: RAMASANDRA VILLAGE,
NARASAPURA VILLAGE,
KOLAR DISTRICT - 563 133.
...RESPONDENTS
(BY SRI. DIVAKAR MADDUR, HCGP FOR R1,
SRI. M.C. VENKATARANGAIAH, ADVOCATE FOR R2 - VK NOT
FILED)
THIS CRL.A IS FILED UNDER SECTION 14(A)(2) OF
SCHEDULED CASTS AND SCHEDULED TRIBES (PREVENTION OF
ATROCITIES) ACT PRAYING TO SET ASIDE THE ORDER PASSED
BY THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE,
KOLAR IN SPL.SC.NO.12/2024 DATED 09.10.2024 AND GRANT
REGULAR BAIL IN SPL.SC.NO.12/2024 IN CR.NO.98/2024 FOR
THE OFFENCES PUNISHABLE UNDER SECTIONS 506, 504, 143,
147, 148, 302, 307, 323, 324 READ WITH 149 OF IPC, UNDER
SECTIONS 3(1)(r), 3(1)(s) & 3(2)(v) OF SCHEDULED CASTS
AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT,
1989 AND ETC.
IN CRL.A NO. 1214/2025
BETWEEN:
1. SRI MAHESH KUMR P @ MAHESH
S/O. SRI. LATE PAPANNA,
AGED ABOUT 46 YEARS,
RESIDING AT RAMASANDRA VILLAGE,
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NC: 2025:KHC:26042
CRL.A No. 882 of 2025
C/W CRL.A No. 1214 of 2025
HC-KAR
NARASAPURA HOBLI,
KOLAR TALUK - 563 133.
2. SRI NAVEEN
S/O LATE PRAKASH
AGED ABOUT 28 YEARS,
RESIDING AT RAMASANDRA VILLAGE,
NARASAPURA HOBLI
KOLAR TALUK - 563 133.
...APPELLANTS
(BY SRI. RAGHAVENDRA K., ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY THE STATION HOUSE OFFICER,
VEMAGAL POLICE STATION,
KOLAR - 563 133.
REPRESENTED BY THE SPP,
HIGH COURT OF KARNATAKA,
BENGALURU - 560 001.
2. SRI PRAVEEN R
S/O RAMAPPA,
AGED ABOUT 35 YEARS,
R/AT RAMASANDRA VILLAGE,
NARASAPURA HOBLI,
KOLAR TALUK AND DISTRICT - 563 133.
...RESPONDENTS
(BY SMT. N. ANITHA GIRISH, HCGP FOR R1,
SRI. M.C. VENKATARANGAIAH, ADVOCATE FOR R2 - VK NOT
FILED)
THIS CRL.A IS FILED UNDER SECTION U/S 14A(2) OF
SCHEDULED CASTS AND SCHEDULED TRIBES (PREVENTION
OF ATROCITIES) ACT PRAYING TO SET ASIDE THE ORDER
DATED 09.10.2024 AND TO GRANT THEM REGULAR BAIL IN
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NC: 2025:KHC:26042
CRL.A No. 882 of 2025
C/W CRL.A No. 1214 of 2025
HC-KAR
SPL.S.C.NO.12/2024 FOR THE OFFENCES WHICH ARE MADE
PENAL UNDER SECTIONS 143, 147, 148, 323, 324, 307, 302,
504, 506 READ WITH 149 OF IPC AND UNDER SECTIONS
3(1)(r), 3(1)(s) & 3(2)(v) OF THE SCHEDULED CASTS AND
SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT IN
CRIME NO.98/2024, VEMGAL P.S PENDING ON THE FILE OF
THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, KOLAR
AND ETC.
THESE APPEALS COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
JUDGMENT
Criminal Appeal No.882/2025 is filed by accused Nos.4 and 5 and Criminal Appeal No.1214/2025 is filed by accused Nos.3 and 6.
2. In both the appeals, the appellants are challenging the order dated 09.10.2024 passed in Spl.S.C. No.12/2024 by II Additional District and Sessions Judge, Kolar, whereunder bail application of the appellants/ accused Nos.3 to 6 sought in respect of Crime No.98/2024 of Vemagal Police Station, registered for the -5- NC: 2025:KHC:26042 CRL.A No. 882 of 2025 C/W CRL.A No. 1214 of 2025 HC-KAR offences under Sections 143, 147, 148, 302, 307, 323, 324, 504, 506 of IPC and Sections 3(1)(r) &(s), 3(2)(v) of SC/ST Prevention of Atrocities Act, 1989 came to be rejected.
3. Heard learned counsel for the appellants, learned High Court Government Pleader for respondent No.1 - State and learned counsel for respondent No.2.
4. The case of the prosecution as per Column No.17 of the charge sheet is that; there were quarrels between accused No.1 and Sri.Ambarish - husband of CW5, about two years prior to the incident in the Nature Daba and therefore, they were grudging enmity against each other. That, on 02.05.2024 in the evening when CW1 with an intention to go back to his town was moving near Safe Express Company, the driver of the tractor took the tractor on the left side suddenly and CW1 came in between the two vehicles and in that regard, he was talking with the security of the Safe Express Company. At -6- NC: 2025:KHC:26042 CRL.A No. 882 of 2025 C/W CRL.A No. 1214 of 2025 HC-KAR that time, accused Nos.1 to 10 came together and accused No.1 has abused CW1 taking his caste and thereafter, CW1 went from that place. Thereafter, at 10.15 pm., accused Nos.1 to 16 holding weapons came near the house of CW1; accused No.1 abused CW1 taking his caste and threatened to kill him and dragged CW1 to Ashwatha Katte of Ramasandra village; accused No.2 assaulted CW1 with club on his head, accused No.4 assaulted with stick of Neelagiri Tree on CW1 on his waist; accused No.6 assaulted CW1 with club on his left shoulder. At that time, when CW2 came to rescue CW1, accused No.3 assaulted CW2 with club on his head and accused No.5 assaulted CW2 with club on his left elbow. At that time, when CWs.3 and 4 came to rescue CW1, accused Nos.14 and 15 assaulted CW4 with hands and accused No.16 assaulted CW3 with hands. Accused No.2 dragged CW1 holding his shirt and torn it and caused simple injuries to CWs.1 and
2. In the meantime, the deceased Sri.Ambarish came there, asked accused No.1 as to why they are assaulting -7- NC: 2025:KHC:26042 CRL.A No. 882 of 2025 C/W CRL.A No. 1214 of 2025 HC-KAR CW1 - Sri.Praveen. At that time, accused No.1 asked him as to whether he is supporting CW1 - Sri.Praveen and started quarrelling with him. Accused No.1 assaulted the deceased Sri.Ambarish with club on his knee and the deceased Sri.Ambarish in order to escape, ran away near the Neelagiri garden of Sri.Kenchappa and all the accused persons chased him and started quarrelling with him. At that time, accused No.13 assaulted the deceased Sri.Ambarish with machete on the right side of his head and caused severe injury; accused No.1 assaulted him with the same machete which accused No.13 was holding on the middle portion of his head and caused bleeding injury; accused No.7 assaulted the deceased Sri.Ambarish with iron pipe on his knee; accused No.8 assaulted the deceased Sri.Ambarish with club on his right hand and caused simple injury; accused No.9 assaulted the deceased Sri.Ambarish with fist on his chest; accused Nos.4 and 15 kicked the deceased Sri.Ambarish with their legs and accused No.10 assaulted the deceased -8- NC: 2025:KHC:26042 CRL.A No. 882 of 2025 C/W CRL.A No. 1214 of 2025 HC-KAR Sri.Ambarish with his hands and caused simple injury; accused No.2 assaulted the deceased Sri.Ambarish on his left eye with his fist; accused Nos.11 and 12 assaulted the deceased Sri.Ambarish with iron rod and iron pipe on his legs and the deceased Sri.Ambarish succumbed to the injuries on the spot. Charge sheet has been filed against accused persons for the offences under Sections 143, 147, 148, 323, 324, 307, 302, 504 and 506 r/w Section 149 of IPC and Sections 3(1)(r) and 3(1)(s) and 3(2)(v) of the SC/ST Act."
5. Earlier, the appeals filed by the appellants/ accused Nos.3 to 6 challenging the rejection of their bail application has been dismissed by this Court vide order dated 20.11.2024. Thereafter the appellants/ accused Nos.3 to 6 have filed bail application before the Special Court and the same came to be rejected by the impugned order.
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NC: 2025:KHC:26042 CRL.A No. 882 of 2025 C/W CRL.A No. 1214 of 2025 HC-KAR
6. Learned counsel for the appellants in both the appeals would contend that, accused Nos.7, 8, 11, 13 and 15 who are having similar allegations or even more severe allegations have been granted bail by the co-ordinate Bench of this Court.
7. In Crl.A.Nos.2239/2024 and 744/2025, they submit that, accusation against the appellants herein i.e., accused Nos.3 to 6 is similar or lesser in gravity than the accusation against accused Nos.7, 8, 11, 13 and 15 who have been granted bail and on the ground of parity, they are seeking bail.
8. Learned High Court Government Pleader appearing for the respondent - State would contend that these appellants have assaulted CW-1 to 4 who are eye- witness to the said incident and have caused simple injuries. He further submits that, if the appellants/accused Nos.3 to 6 are granted bail, there is a threat to the complainant and there are chances of tampering the
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NC: 2025:KHC:26042 CRL.A No. 882 of 2025 C/W CRL.A No. 1214 of 2025 HC-KAR prosecution witnesses. With these, he prayed for dismissal of the appeal.
9. Learned counsel for respondent No.2 would contend that, accused Nos.3 to 6 have assaulted CW1. The appellants are having criminal antecedents and they are involved in several criminal cases and if the accused persons/appellants are granted bail, there is a threat to the prosecution witnesses. Upon these grounds, he prays for dismissal of appeals.
10. Having heard the learned counsels, this Court has perused the impugned order and charge sheet material.
11. Earlier, while dismissing the appeal filed by accused Nos.3 to 6, this Court at paragraph No.11 has observed as under:
"11. Accused No.3 assaulted CW1 with club on his head; accused No.4 assaulted with Neelagiri sticks on the waist of CW1, accused No.6 assaulted
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NC: 2025:KHC:26042 CRL.A No. 882 of 2025 C/W CRL.A No. 1214 of 2025 HC-KAR CW1 with club on his shoulder; accused No.3 assaulted CW2 with club on his head; accused No.5 assaulted CW2 with club on his left elbow; accused No.2 has dragged CW1 holding his shirt and torn it; accused No.2 assaulted the deceased Sri.Ambarish on his left eye and accused No.4 has kicked the deceased with legs. The wound certificate of CWs.1 and 2 would indicate that they have sustained injuries which corresponds to the overt acts of the accused Nos.3 to 6. The post-mortem report would indicate that the deceased had sustained 32 injuries and the doctor who had conducted the post-mortem examination, has opined that he died due to the injuries to his head. CWs.1 to 4 are injured and eye witnesses to the incident of assault by accused Nos.2 to 6. CWs.8 to 10 are the eye witnesses to the incident where the accused persons assaulted the deceased.
Considering the charge sheet material, there is a prima facie case against the appellants - accused Nos.2 to 6 (Crl.A.No.1946/2024). Therefore, the appellants in Crl.A.No.1946/2024 are not entitled for grant of bail."
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NC: 2025:KHC:26042 CRL.A No. 882 of 2025 C/W CRL.A No. 1214 of 2025 HC-KAR
12. Considering the above aspects, the accusation against the accused No.3 is that he assaulted CW1 with club on his head; accused No.4 assaulted with Neelagiri sticks on the waist of CW1, accused No.6 assaulted CW1 with club on his shoulder; accused No.3 assaulted CW2 with club on his head; accused No.5 assaulted CW2 with club on his left elbow; accused No.2 has dragged CW1 holding his shirt and torn it; accused No.2 assaulted the deceased Sri.Ambarish on his left eye and accused No.4 has kicked the deceased with legs. The wound certificate of CWs.1 and 2 would indicate that they have sustained simple injuries.
13. The accusation against accused Nos.7 and 8 who have been granted bail in Crl.A.No.744/2025 is that, accused No.7 assaulted the deceased with pipe on his legs, accused No.8 assaulted the deceased with club on his right shoulder. The accused No.13 who has been granted bail in Crl.A.No.2239/2024 is alleged to have assaulted the
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NC: 2025:KHC:26042 CRL.A No. 882 of 2025 C/W CRL.A No. 1214 of 2025 HC-KAR deceased Harish with a chopper on the head of the deceased.
14. Considering the said aspect, the appellants/accused Nos.3 to 6 are similarly placed to that of the accused persons who have already been granted bail and therefore, they are entitled for grant of bail on the ground of parity. So far as the other allegations is that the appellants/accused Nos.3 to 6 are involved in the criminal cases. Other accused having similar allegations have been granted bail.
15. The apprehension of the complainant/ respondent No.2 can be protected by imposing stringent conditions. The appellants have made out grounds for setting aside the impugned order and grant of bail. In the result, the following:
ORDER Crl.A.No.882/2025 filed by accused Nos.4 and 5 and Crl.A.No.1214/225 filed by accused Nos.3 and 6 are
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NC: 2025:KHC:26042 CRL.A No. 882 of 2025 C/W CRL.A No. 1214 of 2025 HC-KAR allowed. Accused Nos.3 to 6 are granted bail in Crime No.98/2024 of Vemagal Police Station (pending in Spl.SC.No.12/2024), subject to the following conditions:
(i) The appellants/accused Nos.3 to 6 shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One lakh only) each, with one surety for the likesum to the satisfaction of the Trial Court.
(ii) The appellants/accused Nos.3 to 6 shall not threaten the prosecution witnesses.
(iii) The appellants/accused Nos.3 to 6 shall appear before the Trial Court on all the dates of hearing, unless exempted and co-operate in speedy disposal of the case.
Sd/-
(SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 15