KISHORE KUMAR Vs. STATE

JUDGEMENT

(1.) Heard Sri. N. Hariprasad, learned counsel for the appellant and Sri. P.Thejesh, learned Government Pleader for respondent no.1. Respondent no.2 has been notified, but he is absent.

(2.) This is an appeal filed under Sec. 14A(2) of Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act ('Act' for short) challenging the order dtd. 15/3/2023 on an application filed under Sec. 439 Cr.P.C. by the appellant in Spl.C.C.No.1662/2021 on the file of LXX Addl. City Civil and Sessions Judge and Special Judge, Bengaluru (CCH-71).

(3.) The appellant is one of the accused among sixteen accused facing trial for the offences punishable under Sec. 143, 144, 147, 148 and 302 IPC r/w Sec. 25- 1(B) (b) of the Arms Act and Sec. 3(2)(v) of Act. The appellant withdrew his earlier Criminal Appeal No.865/2022 when this court expressed an opinion that there was no case for granting bail as the charge sheet indicated existence of prima facie materials. Now the appellant is on a different ground. He moved the trial court for bail making out a changed circumstance that accused no.1 and 7 are admitted to bail and therefore he would be entitled to clam bail on the ground of parity. The trial court did not appreciate the ground urged by him.