IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. OF 2023 (arising out of SLP (Crl.) No.10989 of 2023

GAJENDRA C.R. ….APPELLANT(S)

VERSUS

THE STATE OF KARNATAKA AND ANR. ….RESPONDENT(S)

O R D E R

1. Leave granted.

2. Heard learned counsel for the parties.

3. Having regard to the complaint/F.I.R. filed against the accused, as well as the impugned order passed by the High Court, we are of the opinion that the name of the respondent No.2 (accused No.6) - Ramachandra was very much there in the complaint/F.I.R. and considering the gravity of the offence, the High Court should not have granted anticipatory bail to the respondent No.2 (accused No.6). Hence, the impugned order is quashed and is set aside.

4. The Criminal Appeal is allowed.

Digitally signed by RAVI ARORA Date: 2023.12.16 13:34:30 IST Reason: Signature Not Verified

5. Pending applications, if any, stand disposed of.

1

6. The respondent No.2 (accused No.6) shall surrender within three weeks from today.

7. It is needless to say that he will be at liberty to file an appropriate application seeking his release on bail, and if any such application is filed, that will be considered by the Trial Court in accordance with law.

8. We are clarifying that we have not expressed any opinion on the merits of the case.

........................J. (BELA M. TRIVEDI)

........................J. (SATISH CHANDRA SHARMA)

NEW DELHI; DECEMBER 14, 2023.

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl.) No(s).10989/2023

(Arising out of impugned final judgment and order dated 30-06-2023 in CRLP No.4858/2023 passed by the High Court of Karnataka at Bengaluru)

GAJENDRA C. R. Petitioner(s)

VERSUS

THE STATE OF KARNATAKA & ANR. Respondent(s)

(IA No. 167074/2023 - EXEMPTION FROM FILING O.T.)

Date : 14-12-2023 This matter was called on for hearing today.

CORAM : HON'BLE MS. JUSTICE BELA M. TRIVEDI HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA

For Petitioner(s) Mr. Mallikarjun S. Mylar, Adv. Mr. Manjunath M., Adv. Mr. Ashok Bannidinni, Adv. Mr. Sujeet Kumar, Adv. M/S. Bannidinni And Co., AOR

For Respondent(s) Mr. D. L. Chidananda, AOR

M/S. Nuli & Nuli, AOR Mr. Anand Sanjay M. Nuli, Adv. Mr. Suraj Kaushik, Adv. Mr. Dharm Singh, Adv. Mr. Akash Kukreja, Adv.

UPON hearing the counsel the Court made the following O R D E R

1. Leave granted.

2. In terms of the signed order, the Criminal Appeal is allowed.

3. Pending applications, if any, stand disposed of.

(RAVI ARORA) (MAMTA RAWAT) COURT MASTER (SH) COURT MASTER (NSH) (signed order is placed on the file)

3