SHIVARAJU. M. B. vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:58772
CRL.A No. 1254 of 2026
CNR: KAHC010501062026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 16 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
CRIMINAL APPEAL NO. 1254 OF 2026 (U/S 14(A) (2))
BETWEEN:
1. SHIVARAJU. M. B.
S/O BEERALINGEGOWDA,
AGED ABOUT 31 YEARS,
R/AT NERALE VILLAGE,
DODDAKAVALAMDE HOBLI,
NANJANAGUD TALUK,
MYSORE DISTRICT
…APPELLANT
(BY SRI. A.N. RADHA KRISHNA.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY SATHANOOR POLICE STATION,
RAMANAGARA,
REPRESENTED BY
THE STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDINGS,
BENGALURU - 560001.
2. KRISHNA NAYAKA
S/O DHYAVAPPA THAMMAIAH NAYAKA,
AGED ABOUT 68 YEARS,
R/AT BEHIND OLD NANJANAGUD
TOWN POLICE STATION,
NANJANAGUDU TOWN,
MYSURU DISTRICT - 561302
…RESPONDENTS
(BY SRI. SURYA MUKUNDARAJ L., ADDL. SPP FOR R1,
V/O DTD: 14.10.2026 SRI. N. SRINIVAS, AMICUS CURIAE FOR R2. )
Digitally signed by
LAKSHMINARAYAN N
Location: High Court
of Karnataka
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HC-KAR
NC: 2026:KHC:58772
CRL.A No. 1254 of 2026
CNR: KAHC010501062026
CRL.A. FILED U/S.14(A) (2) OF SC/ST (POA) ACT, 2015
BY THE ADVOCATE FOR THE APPELLANT/S PRAYING THAT THIS
HONBLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER
DATED 06.07.2026 PASSED BY THE LEARNED Ist ADDL
DISTRICT AND SESSIONS JUDGE, RAMANAGARA IN
CRL.MISC.NO.408/2026 AND ALLOW THE APPEAL AND
ENLARGE THE APPELLANT ON BAIL IN CRL.NO.22/2022 OF
SATHANOOR POLICE FOR OFFENCE P/US/ 302,201,202 R/W
SEC.34 OF IPC AND U/S.3(2)(v) OF SC/ST (POA) ACT.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE G BASAVARAJA
ORAL JUDGMENT
1. The appellant has preferred this appeal against
order passed by the I Additional District and Sessions
Judge, Ramanagara in Criminal Miscellaneous
No.408/2026 dated 06.07.2026.
2. On the basis of the complaint filed by Munimare
Gowda, Sathanoor Police registered the case in Crime
No.22/2022 against the unknown accused for the
commission of offence under Section 302 and 201 of IPC.
During the course of investigation, the present accused
No.1 was arrested on 11.02.2022 and he was produced
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CRL.A No. 1254 of 2026
CNR: KAHC010501062026
before the Court and he was remanded to judicial custody.
Till this day the appellant is in judicial custody. After
investigation, Investigating Officer has submitted the
charge-sheet against the accused Nos.1 to 4 for the
offence under Section 302, 201, 202 read with Section 34
of IPC and Section 3(2)(v) of the SC and ST (POA)
Amendment Act, 2015.
3. The learned counsel for the appellant would
submit that the accused is in judicial custody for a period
of 4 years, 8 months, 5 days. The entire case rests on
circumstantial evidence. Only 5 witnesses are examined as
PW1 to PW5.
4. PW1 is the inquest mahazar witness. PW2 is the
mahazar witness to Exhibit P2. PW3 is also inquest
mahazar witness. PW4 Gaviraju is the Bescom Engineer,
Sathanoor is a hearsay witness. PW5 Yogish is attester to
the panchanama Exhibit P23.
5. It is the duty of the prosecution to assist the
Court to engage counsel for the accused who is in judicial
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HC-KAR
NC: 2026:KHC:58772
CRL.A No. 1254 of 2026
CNR: KAHC010501062026
custody. In this regard, guidelines are given in view of the
judgment of Hon'ble Apex Court in the case Ashok v. State
of Uttar Pradesh reported in (2025) 2 SCC 381.
6. The trial Court has not provided an opportunity
to cross-examine these witnesses and cross-examination
of these witnesses taken as nil. Further he would submit
that accused Nos.2 to 4 have been released on bail by the
Co-ordinate Bench of this Court in Criminal Appeal
No.2602/2025 dated 16.04.2026. On all these grounds,
sought for allowing appeal.
7. The learned Amicus Curiae, Sri N.Srinivas and
learned Addl. SPP, Sri Surya Mukundraj.L would submit
that the trial Court has properly appreciated the materials
on record and rightly rejected the bail application and
sought for dismissal of this appeal.
8. I have examined the materials placed before
this Court.
9. On perusal of these materials, it is clear that at
the time of filing FIR the name of the accused is not
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NC: 2026:KHC:58772
CRL.A No. 1254 of 2026
CNR: KAHC010501062026
shown. The entire case rests on circumstantial evidence.
The trial Court has recorded the statement of 5 witnesses
as PW1 to PW5. The copies of the deposition are also
produced, which reveals that the trial Court has not
provided any opportunity to the accused counsel to cross-
examine these witnesses. Though the accused is in judicial
custody, the learned Sessions Judge has not complied the
decision of the Hon'ble Apex Court in the case of the
Ashok (supra).
10. Considering the period of detention of the
accused for a period of more than 4 years, 8 months, 5
days, nature and gravity of offence and prior antecedents
of the accused, without expressing any opinion on merits
of the case, I am of the opinion that it is just and proper to
allow this appeal with conditions. Accordingly, I proceed to
pass the following:
ORDER
i. Appeal is allowed.
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NC: 2026:KHC:58772
CRL.A No. 1254 of 2026
CNR: KAHC010501062026
ii. The order passed by the I Addl. District
and Sessions Judge, Ramanagara, in Crl. Misc.
No.408/2026 dated 06.07.2026 is set aside.
iii. Consequently, application filed under
Section 483 of BNSS, 2023 is allowed.
iv. The appellant shall be released on bail on
executing a self bond of Rs.1,00,000/- for
likesum to the satisfaction of the trial Court.
v. The appellant shall not tamper or threaten
the prosecution witnesses in any manner.
vi. The appellant shall appear before the trial
Court on all the dates of hearing without fail.
vii. The trial Court is directed to comply the
guidelines issued by the Hon'ble Apex Court in
the case Ashok v. State of Uttar Pradesh
reported in (2025) 2 SCC 381, while recording
the evidence of prosecution witnesses.
Registry is directed to communicate this order to the
trial Court.
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CRL.A No. 1254 of 2026
CNR: KAHC010501062026
Registry is directed to pay an amount of Rs.10,000/-
to learned Amicus Curiae, Sri.N.Srinivas.
Sd/-
(G BASAVARAJA)
JUDGE
KBM
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