SANTHOSH KUMAR S. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is an appeal by accused No.33 charge sheeted for the offences punishable under sections 143, 144, 145, 447, 448, 435, 436, 395, 427, 212, 120B r/w 149 of IPC and Section 2 of The Prevention of Destruction and Loss of Property Act, 1981 and section 3(2) (iii), (iv), (v), (va) of The Scheduled Castes and Scheduled Tribes(Prevention of Atrocities), 1989 and section 25(1B) (b) of Indian Arms Act, 1959.

(2.) The earlier application filed by the very same appellant before this Court has been rejected by the Coordinate Bench of this Court in Crl.P.No.4606/2020 dated 05th November 2020. In view of the circular issued by the Hon ble High Court of Karnataka, the matter was placed before Hon ble the Chief Justice to secure an order as to whether the successive bail applications filed by the appellant under section 439 Cr.P.C. could be entertained by this Court having roster of the Special Court. The Hon ble Chief Justice by a special order dated 15.03.2021 has directed to post the matter before this Court and hence, I have heard Sri. Hashmath Pasha, learned Senior Counsel appearing on behalf of the appellant, Sri. P. Prasanna Kumar, learned SPP-II appearing on behalf of Staterespondent No.1 and Sri. Murthy D. Naik, learned counsel appearing on behalf of respondent No.2-complainant.

(3.) At the out-set, learned Senior counsel appearing for the appellant submitted that the instant appeal is moved on account of the change of circumstances, inasmuch as, the earlier application filed by the appellant before this Court was rejected mainly on the ground that accused No.57 under whose instructions the appellant is alleged to have been carried out certain activities was at large, but, since then accused No.57 has been arrested on 17.11.2020 and was remanded to custody; accused No.58 also surrendered before this Court on 02.12.2020 and accused No.59 was also arrested and remanded to judicial custody on 27.01.2021. Accused Nos.57, 58 and 59 have been enlarged on bail by orders of this Court in Crl.A.No.242/2021 (accused No.57) c/w Crl.A.No.218/2021(accused No.59) dated 12.02.2021 and Crl.A.No.14/2021(accused No.58) dated 05.02.2021. He further submitted that upto the submission of the charge sheet on 12.10.2020, the appellant was not named either in the remand applications or in any of the records, until his arrest on 25.08.2020. Further, the learned Senior Counsel pointed out that there are no allegations whatsoever that the appellant was either a party to the alleged conspiracy nor is there any material to show that he abetted to the commission of the offences. The only allegation leveled against the appellant is that he being the follower of accused No.57, he was found in Hasina Hall during the conspiracy that is alleged to have taken place three months earlier to the alleged incident, on 22.05.2020. Under the said circumstances, accused Nos.57, 58 and 59 having been enlarged on bail, on the principle of parity, the appellant is also entitled to the benefit of bail.