IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 1721 OF 2025 (U/S 14(A) (2))

BETWEEN:

TEJAS @ SAMRAT S/O UMASHANKAR, AGED ABOUT 20 YEARS, RESIDENT OF #257/1, 7^TH CROSS, VIDYANAGAR, MYSURU CITY PIN-570029 …APPELLANT (BY SRI. SHARAS CHANDRA M., ADVOCATE)

AND:

1. THE STATE OF KARNATAKA BY NAZARBAD POLICE STATION, MYSURU DISTRICT, (REP. BY THE SPP, HIGH COURT PREMISES, Digitally signed by LAKSHMINARAYAN BENGALURU CITY -560001.

N Location: HIGH COURT OF KARNATAKA 2. SMT. BHANUMATHI, W/O LATE B.M. DORESWAMY AGED ABOUT 70 YEARS RESIDENT OF #210, 6^TH CROSS, VIDYANAGAR, MYSURU CITY PIN - 571130 …RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R1, VIDE COURT ORDER DATED: 15.10.2025 R2 SERVED AND UNREPRESENTED.)

THIS CRL.A. IS FILED U/S.14(A) (2) OF SC/ST (POA)

ACT, 2015 PRAYING TO SET ASIDE THE ORDER PASSED BY THE VI ADDL. DISTRICT AND SPECIAL JUDGE, MYSURU IN SPL.C.NO.690/2023 (CRIME NO.90/2023 OF NAZARBAD P.S.,) FOR THE OFFENCE P/U/S 341,302,34 OF IPC AND SEC.3(2)(va) OF SC/ST (POA) AMENDMENT ACT 2015 PENDING ON THE FILE OF VI ADDL. DISTRICT AND SPECIAL JUDGE MYSURU.

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE G BASAVARAJA

ORAL JUDGMENT

The appellant, who is accused No.1 has preferred this appeal against the order dated 13^th June 2025 passed in SC No.690 of 2023 by the VI Additional District and Special Judge, Mysuru (for short "the trial Court").

2. Brief facts leading to this appeal are that the appellant has filed bail Application under Section 439 of Code of Criminal Procedure seeking to release him on bail. It is alleged that, Nazarbad Police filed Charge-sheet against the appellant and others for the offence punishable under Sections 341, 302, 201 read with Section 34 of Indian Penal Code and Section 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Attorcities) Act, 1989.

3. It is alleged in the charge sheet that as per column No.

17 of charge sheet case of the prosecution is that on 18.08.2023 deceased– alaraj had gone to Ooty and when he did not return, C.W.1 – mother of deceased-Balaraj asked accused Nos.1 and 2 who were acquainted with the deceased, to make a phone call to the deceased–Balaraj and they contacted Balaraj over phone and gave it to C.W.1, Balaraj told her that he was still in Ooty. Thereafter, on 19.08.2023 accused Nos. 1 and 2 made phone call over mobile of deceased-Balaraj, at that time, there was a quarrel between them over phone. In that regard, on 19.08.2023, at about 09.20 pm, the deceased–Balaraj came to Mysuru and when he was in a circle, at that time, accused Nos.1 to 3 were waiting for him and started quarrelling with the deceased–Balaraj and abused him in filthy language. At that time, accused No.1 made phone call to his father–accused No.4 and informed him that the deceased–Balaraj was abusing him in filthy language. Accused No.4 came to the main road of Vidyanagar and when the deceased–Balaraj was going on the said road, accused Nos.1 to 3 were following him and at that time, accused No. 1 told his father–accused No.4 to catch hold of the deceased–Balaraj and accused No.4 caught hold of the deceased–Balaraj and at that time accused No. 1 quarreled with the deceased–Balaraj and took knife which was with accused No. 2 and slashed on the neck of the deceased and caused injury. When the deceased was running to escape from them, at that time this accused No. 3 held the leg of the deceased and made him to fall and at that time, accused No.2 took knife from accused No.1 and assaulted with the said knife on right rib of deceased–Balaraj. Thereafter, when the deceased–Balaraj tried to escape, accused Nos. 2 and 3 made him to fall and at that time again accused No.2 assaulted the deceased on his leg and other parts with knife. The deceased succumbed to the injuries sustained.

4. Sri H. Sharass Chandra, learned Counsel for the appellant would