Karnataka High Court
Kallappa vs The State Of Karnataka And Anr on 25 July, 2024
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NC: 2024:KHC-K:5385
CRL.A No. 200307 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 25TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
CRIMINAL APPEAL NO. 200307 OF 2023
BETWEEN:
KALLAPPA S/O. BASAPPA SINDAGI,
AGE. 36 YEARS, OCCUPATION COOLIE,
R/O. HIVEMASALI, TALUKA INDI AND DISTRICT
VIJAYAPURA-586209. PRESENT ADDRESS NEAR GATE
OF VAJRA HANUMAN NAGAR.
...APPELLANT
(BY SRI. MOINAKHTAR NADAF, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
THROUGH THE PSI, JALANAGAR PS, VIJAYAPURA,
REPRESENTED BY THE ADDL. SPP, HIGH COURT OF
KARNATAKA, KALABURAGI BENCH-585107.
2. NEELAVVA W/O. HANAMAPPA CHALAVADI,
AGE. 57 YEARS, OCCUPATION COOLIE,
R/O. NEBAGERI, TQ: MUDDEBIHAL,
DIST: VIJAYAPURA-586212.
Digitally
signed by ...RESPONDENTS
MANJANNA E (BY SRI. F. M. INAMDAR, HCGP FOR R1;
Location: NOTICE TO R2 SERVED)
HIGH COURT
OF THIS CRIMINAL APPEAL IS FILED U/SEC. 14(A) (2) OF SC AND ST
KARNATAKA (PREVENTION OF ATRACTIES) ACT, 1989, PRAYING TO ALLOW THIS
PETITION AND ENLARGE THE PETITIONER/A1 ON BAIL IN JALANAGAR
PS CRIME NO.78/2022 VIJAYAPUR REGISTERED AGAINST THE
APPELLANT/ACCUSED FOR THE OFFENCES U/S.302, OF IPC AND 3(2)
(V) OF SC/ST ACT 2015 WHICH IS PENDING BEFORE II ADDL. DISTRICT
AND SESSIONS AND SPECIAL JUDGE, VIJAYAPUR, IN SPL.C.SC.ST ACT
3/2023 BY IMPOSING ANY CONDITIONS THAT THIS HON'BLE COURT
DEEMS FIT AND SET ASIDE THE ORDER DATED 15/07/2023 IN
CRI.MISC.NO.1001/2023 PASSED BY II ADDL. DIST. AND SESSION AND
SPL. JUDGE, VIJAYPUR.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT
WAS DELIVERED THEREIN AS UNDER:
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NC: 2024:KHC-K:5385
CRL.A No. 200307 of 2023
JUDGMENT
1. Heard learned counsel for the appellant and learned High Court Government Pleader for respondent No.1-State.
2. The appellant has filed this appeal under Section 14(A) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, ''the SC/ST Act').
3. For the sake of convenience, the parties are referred to as per their rank referred to before trial Court. The appellant is accused No.1, respondent No.1 is complainant-State and respondent No.2-defacto complainant.
4. Brief facts of the prosecution case is as under:
Accused and deceased came into contact when they were working at Udapi Aman Hotel near Devarhippargi bus stand. They developed friendly relationship with each other. Hence, accused No.1 handed over one Samsung phone with Airtel Sim card which was standing in the -3- NC: 2024:KHC-K:5385 CRL.A No. 200307 of 2023 name of accused. They worked for some time in the Udapi Aman Hotel and deceased started working at Delhi Darbar Dhaba near Vijayapur. Thereafter, accused also left job and joined some other Hotel in Vijayapur. The deceased started avoiding phone calls of accused. When he being approached, she stated to have demanded the money or else she would continue her connection with some other person. Hence, he enraged with the attitude of deceased, he called her to the spot and there he committed murder by a bricks stones. Hence, the first informant lodged the complaint. This led to registration of FIR and investigation.
5. During the course of investigation i.e. on 14.11.2022, accused was arrested and his voluntary statement was recorded. Pursuant to the voluntary statement of accused, recoveries of a nighty dupatta, shirt and bricks stone were recovered. After completion of trial, Investigating Officer has filed charge sheet against the accused for the offence punishable under Section 302 of Indian Penal Code (for short, 'the IPC') and Section -4- NC: 2024:KHC-K:5385 CRL.A No. 200307 of 2023 3(2)(V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (for short, 'the SC/ST Act'). Hence, the accused filed bail application before the trial Court, in turn, the trial Court rejected the bail application of accused vide order dated 15.07.2023. being aggrieved by the same, the accused filed this appeal.
6. Learned counsel for the appellant contended that the case is based on circumstantial evidence. There are no eye witnesses to the incident. Accused was arrested on 14.11.2022, but, till date, none of the prosecution witnesses are examined. Thus, accused is unnecessarily languished in the Jail. Hence, he prayed to grant bail.
7. Learned High Court Government Pleader filed statement of objections contending that there is prima facie material against accused. The trial Court framed charge and matter is set down for trial. As per the Forensic Science Laboratory (for short, 'the FSL') report, there is a presence of O' Group blood on all articles including the -5- NC: 2024:KHC-K:5385 CRL.A No. 200307 of 2023 clothes of accused. If accused is released on bail, he may tamper with the prosecution witnesses and hamper the trial. Hence, he prayed to reject the appeal.
8. Perused the materials available on record.
9. As per the materials available on record, accused and deceased were working at Udapi Aman Hotel, they developed friendly relationship. Ultimately, had illicit relationship. The deceased left Udapi Aman Hotel and was working in Delhi Darbar Dhaba at Vijayapur and avoid relationship with accused. Being enraged with the behavior of the deceased, he called her to the spot and there he committed murder with bricks stones.
10. From perusal of the post mortem report, the death is due to asphyxia secondary to manual strangulation. As per the opinion of the doctor dated 21.11.2022, the injuries could be caused by the weapons used by the accused. As per the FSL report, dated 02.12.2022, the Investigating Officer collected nighty dupatta, shirt and bricks stone. During the course of -6- NC: 2024:KHC-K:5385 CRL.A No. 200307 of 2023 investigation, at the instance of accused, same were subjected to chemical examination. As per the opinion of the chemical examiner/expert, blood stains were detected in articles Nos.1 to 4 and Article Nos.1 to 4 were stained with human blood with 'O' Group blood. It shows that, there is prima facie allegation against accused and his involvement in the case.
11. It is well established principles of law that, while considering the bail application this Court has to consider the nature of offences, circumstances in which the offence is committed, position and status of the appellant with reference to the victim and witnesses, likelihood of fleeing away from justice and repeating same offence by the appellant, tampering witnesses, character and antecedents of accused. The Court has considered all these aspects.
12. Further the law is well settled that while disposing bail petition this Court cannot scan the entire prosecution papers and hold a mini trial. -7-
NC: 2024:KHC-K:5385 CRL.A No. 200307 of 2023
13. Keeping all these factors in mind and on careful perusal of the entire materials placed on record, this Court is of the view that, the accused is not entitled to grant of bail.
14. Accordingly, I proceed to pass the following:
ORDER The appeal filed by the appellant under Section 14(A) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, is hereby dismissed.
Sd/-
JUDGE AC/ct-an List No.: 19 Sl No.: 1