SRI. SRIDHAR C.M., vs STATE OF KARNATAKA
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:61287
CRL.A No. 1165 of 2026
CNR: KAHC010463492026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 4 DAY OF NOVEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL No. 1165 OF 2026 (U/S 14(A) (2))
BETWEEN:
SRI. SRIDHAR C.M
AGED ABOUT 28 YEARS
S/O. CHIKKAMUNIYAPPA
RESDING AT CHOKKREDDIPALLI VILLAGE
RONURU HOBLI
SRINIVASAPURA TALUK
KOLAR - 563 135.
(NOW UNDER DURESS AT
THE DISTRICT PRISON, KOLAR).
…APPELLANT
(BY SRI. RAGHAVENDRA K, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY THE STATION HOUSE OFFICER
KOLAR RURAL POLICE STATION
KOLAR- 563 135.
REPRESENTED BY THE SPP.,
HIGH COURT OF KARNATAKA
BENGALURU - 560 001.
2. SMT. CHOWDAMMA
AGED ABOUT 74 YEARS
W/O. LATE HANUMANTHAPPA
RESIDING AT JANNAGHATTA VILLAGE
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 2 -
HC-KAR
NC: 2026:KHC:61287
CRL.A No. 1165 of 2026
CNR: KAHC010463492026
SUGATURU HOBLI, KOLAR TALUK
KOLAR DISTRICT - 563 102.
…RESPONDENTS
(BY SRI R RANGASWAMY, HCGP FOR R1
SRI K V PRAKASH, ADVOCATE FOR R2)
THIS CRL.A IS FILED UNDER SECTION 14(A)(2) OF
SC/ST (POA) ACT PRAYING TO SET ASIDE THE ORDER
DATED:27.03.2025 AND TO GRANT HIM REGULAR BAIL IN
SPL.S.C. IPC AND SC/ST No.16/2023, FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 302,348,120(B),114,141 OF
IPC, UNDER SECTION 3(2)(V) OF SC/ST (POA) ACT, PENDING
BEFORE THE II ADDL. DISTRICT AND SESSIONS JUDGE,
KOLAR.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL JUDGMENT
1. This appeal is filed by appellant - accused No. 1
praying to set aside the order dated 27.03.2025 passed in
Spl. SC IPC & SCST No. 16/2023 by the II Additional
District and Sessions Judge, Kolar, whereunder the bail
application filed by appellant - accused No. 1 seeking bail
in Crime No. 269/2023 of Kolar Rural Police Station for the
offence punishable under Sections 302, 348, 120-B, 114
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 3 -
HC-KAR
NC: 2026:KHC:61287
CRL.A No. 1165 of 2026
CNR: KAHC010463492026
read with Section 34 IPC and Section 3(2)(v) of SCST
(POA) Act, 1989, came to be rejected.
2. Heard the learned counsel for appellant -
accused No. 1 and learned HCGP for respondent No. 1 –
State. Learned counsel for respondent No. 2 is not
present.
3. Case of the prosecution is that accused No. 3
had illicit relationship with accused No.1 (appellant herein)
who is her aunt’s son. The deceased was the husband of
accused No. 3 and he came to know regarding the said
illicit relationship and there were quarrels between
accused No. 3 and her husband – deceased
Krishnamurthy. The deceased was coming in the way of
illicit relationship of accused No. 1 with accused No. 3 and
he, in conspiracy with accused Nos. 2 and 3, conspired to
kill the deceased. In furtherance of the said conspiracy on
29.05.2023 at 08.00 pm when the deceased was returning
from Kolar on his bike, at that time, accused Nos.2 and 3
were waiting near the railway gate. At that time, the
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 4 -
HC-KAR
NC: 2026:KHC:61287
CRL.A No. 1165 of 2026
CNR: KAHC010463492026
deceased told accused No.1 that he will file complaint
against him and send him to jail. Enraged by that accused
No. 1 kicked him and when the deceased fell down,
accused No. 1 took iron rod kept in his bike and assaulted
the deceased on his right hand and head. Thereafter,
accused No.2 took the said rod and assaulted with the said
rod on the deceased. The deceased died on the way to the
hospital. On the complaint by the mother of the deceased
a case came to be registered and after investigation
charge sheet came to be filed against accused Nos.1 to 3
for the aforesaid offences.
4. Earlier appeal filed by the present appellant -
accused No. 1 challenging rejection of his bail order in
Crl.A. No. 76/2024 has been dismissed by this Court by
judgment dated 19.02.2024. Thereafter appellant -
accused No. 1 filed bail application before the Special
Court which came to be dismissed by the impugned order.
5. Learned counsel for appellant – accused No. 1
would contend that C.W.2 and C.W.3 are the eyewitnesses
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 5 -
HC-KAR
NC: 2026:KHC:61287
CRL.A No. 1165 of 2026
CNR: KAHC010463492026
to the incident and now they have been examined as
P.W.2 and P.W.3 and they have not supported the case of
the prosecution. Therefore there is no threat to the
eyewitnesses as they have already been examined.
Appellant - accused No. 1 is in custody for a period of 3
years 7 months and only 4 witnesses are examined by the
prosecution and it takes a longer time to conclude the
trial. He further submits that the appellant is ready to
abide by any terms and conditions to be imposed by this
Court. With this he prayed to allow the appeal and to grant
bail to appellant - accused No. 1.
6. Per contra learned HCGP would contend that
merely because two eyewitnesses - C.W.2 and C.W.3 –
P.W.2 and P.W.3 have not supported the case of the
prosecution is not a ground for grant of bail. There are
other witnesses to be examined. Injuries mentioned in the
PM report corresponds to the overt act alleged against
appellant - accused No. 1 and weapon is recovered at the
instance of appellant - accused No. 1. If appellant -
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 6 -
HC-KAR
NC: 2026:KHC:61287
CRL.A No. 1165 of 2026
CNR: KAHC010463492026
accused No. 1 is granted bail there are chances of he
threatening the remaining witnesses.
7. Having heard learned counsel for the parties,
the Court has perused the impugned order, charge sheet
and other materials placed on record.
8. Earlier bail petition filed by appellant – accused
No. 1 came to be rejected on the ground that C.W.2 and
C.W.3 are eyewitnesses to the incident and there is a
threat to the prosecution witnesses. Now C.W.2 and C.W.3
who were eyewitness to the incident have been examined
as P.W.2 and P.W.3. Those two witnesses have not
supported the case of the prosecution with regard to they
witnessing the incident. Appellant - accused No. 1 is in
judicial custody since 31.05.2023. Until now only 4
witnesses are examined. As material witnesses are
examined there is no question of any threat to the
material witnesses who are eyewitnesses to the incident.
Considering the above aspects, appellant - accused No. 1
has made out case for grant of bail with the conditions.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 7 -
HC-KAR
NC: 2026:KHC:61287
CRL.A No. 1165 of 2026
CNR: KAHC010463492026
9. In view of the above, the following;
O R D E R
The appeal is allowed. The impugned order dated
27.03.2025 passed in Spl.SC IPC and SCST No. 16/2023
by II Additional District and Sessions Judge, Kolar is set
aside. Bail application of appellant - accused No. 1 is
allowed and he is granted bail in Crime No. 269/2023 of
Kolar Rural Police Station pending in Spl.SC IPC and SCST
No. 16/2023 on the file of II Additional District and
Session Judge, Kolar, subject to following conditions:
a. Appellant – accused No. 1 shall execute a
personal bond for the sum of Rs.2,00,000/-
with one surety for the likesum to the
satisfaction of the trial Court.
b. Appellant - Accused No. 1 shall not tamper
the remaining prosecution witnesses.
c. Appellant – accused No. 1 shall appear
before the trial Court on all dates of hearing,
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 8 -
HC-KAR
NC: 2026:KHC:61287
CRL.A No. 1165 of 2026
CNR: KAHC010463492026
unless exempted and cooperate for speedy
disposal of the case.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
(SHIVASHANKAR AMARANNAVAR)
JUDGE
LRS
List No.: 2 Sl No.: 58
Ct.sm