Karnataka High Court
Basavaraj vs The State Of Karnataka And Anr on 1 February, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2025:KHC-K:722
CRL.A No. 200017 of 2025
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 1ST DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL APPEAL NO. 200017 OF 2025 (U/S 14 (A))
BETWEEN:
BASAVARAJ S/O. SADDAPPA HADAPAD,
AGE: 24 YEARS, OCC: COOLIE,
R/O. GANI, TQ NIDAGUNDI,
DIST. VIJAYAPURA-586101.
...APPELLANT
(BY SRI SANJAY A. PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA THROUGH,
NIDAGUNDI POLICE STATION, NIDAGUNDI CIRCLE,
DIST. VIJAYAPURA-586101.
Digitally signed
by SHIVAKUMAR REPRESENTED BY ADDL. SPP,
HIREMATH HIGH COURT OF KARNATAKA,
Location: HIGH KALABURAGI BENCH-585103.
COURT OF
KARNATAKA
2. RACHAPPA S/O. KALLAPPA KUMBAR,
AGE: 41 YEARS, OCC: AGRICULTURE,
R/O. GANI, TQ NIDAGUNDI,
DIST. VIJAYAPURA-586101.
...RESPONDENTS
(BY SMT. MAYA T.R., HCGP FOR R1
R2 SERVED)
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NC: 2025:KHC-K:722
CRL.A No. 200017 of 2025
THIS CRL.A IS FILED U/SEC. 14-A (2) OF SC/ST (PA)
ACT, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED
17.12.2024 PASSED IN CRL MISC NO. 1765/2024 ON THE FILE
OF II ADDL. DISTRICT AND SESSIONS AND SPECIAL JUDGE
VIJAYAPURA BY ALLOWING THIS APPEAL AND THEREBY
ENLARGE THE APPELLANT/ACCUSED NO. 3 ON BAIL IN CRIME
NO. 28/2024 REGISTERED BY NIDAGUNDI POLICE STATION,
DISTRICT VIJAYAPURA, CHARGE SHEETED FOR THE OFFENCES
PUNISHABLE U/SECs 120-B, 302, 201, R/W 34 OF IPC AND
SEC 3(2)(V) OF SC/ST (PA) ACT 2015, PENDING ON THE FILE
OF II ADDL. DISTRICT AND SESSIONS AND SPECIAL JUDGE
VIJAYAPURA.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)
1. Accused No.3 in Crime No.28/2024 registered by Nidagundi Police Station, Vijayapura for offences punishable under Section 120-B, 302, 201 r/w 34 of IPC and Section 3(2)(V) of SC/ST (POA) Act, 2015, is before this Court in this appeal filed under Section 14(A)(2) of SC/ST POA Act, assailing the order dated 17.12.2024 passed by the II Addl. District & Sessions and Special Judge, Vijayapura in Crl.Misc.No.1765/2024. -3-
NC: 2025:KHC-K:722 CRL.A No. 200017 of 2025
2. Heard learned counsel for the appellant and learned High Court Government Pleader for respondent No.1.
3. Respondent No.2 - de facto complainant who is served in the matter has remained unrepresented by before this Court.
4. FIR in Crime No.28/2024 was registered by Nidagundi Police Station, Vijayapura, initially for offence punishable under Section 302 of IPC against unknown person on the basis of first information received from Rachappa who is the brother of deceased Somaningappa.
5. During the course of investigation of the case, appellant herein was arrested on 23.03.2024 and subsequently remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed against 3 persons for the aforesaid offences and the appellant herein is arrayed as accused No.3 in the charge sheet. Bail application filed by the appellant before the jurisdictional Sessions Court in Crl.Misc.No.1765/2024 was -4- NC: 2025:KHC-K:722 CRL.A No. 200017 of 2025 rejected on 17.12.2024. Assailing the said order, he is before this Court.
6. Learned counsel for the appellant submits that appellant who is the youngster having no criminal antecedent is in custody for last more than 10 months. Entire case of the prosecution is based on circumstantial evidence. Accordingly, he prays to allow the appeal.
7. Per contra, learned High Court Government Pleader has opposed the prayer made in the appeal. There are sufficient material to connect the accused to the crime and accused were seen together immediately prior to they committing the murder. Accused No.1 had a strong motive to commit the murder. Accordingly, she prays to dismiss the appeal.
8. FIR in the present case was initially registered for the offence punishable under Section 302 of IPC against unknown persons on the basis of first information received from Rachappa who is the brother of deceased -5- NC: 2025:KHC-K:722 CRL.A No. 200017 of 2025 Somaningappa. During the course of investigation, accused Nos.1 to 3 were arrested. Investigation of the case is completed and the charge sheet has been filed.
9. As per the charge sheet allegations, deceased Somaningappa had illicit relationship with Smt.Parvathavva who is the mother of accused No.1. Because of the said illicit relationship between Parvathavva and Somaningappa, the marriage proposal of the younger sister of accused No.1 had failed and accused No.1 was finding it difficult to get proposals for the marriage of his younger sister. It is in this background, accused No.1 allegedly conspired with accused Nos.2 & 3 who are his friends to commit the murder of his mother Parvathavva and her paramour Somaningappa. In furtherance of such conspiracy, on 18.03.2024, accused No.1 allegedly picked up his mother Parvathavva and Somaningappa in his motor bike and when they reached the spot of crime, he allegedly made deceased fall on the ground and accused Nos.2 & 3 who were waiting near the spot of crime -6- NC: 2025:KHC-K:722 CRL.A No. 200017 of 2025 assaulted Parvathavva and Somaningappa with deadly weapons and thereafter even accused No.1 had joined accused Nos.2 & 3 and all the accused together assaulted Parvathavva and Somaningappa with deadly weapons and committed their murder.
10. The entire case of the prosecution is based on circumstantial evidence. Undisputedly, appellant had no other criminal antecedent and he is in custody for the last 10 months. Trial in the case is yet to commence. Investigation of the case is completed and charge sheet is already filed. Accused Nos.1 & 2 are said to be in custody.
11. Under the circumstances, I am of the opinion that, the learned Sessions Judge was not justified in rejecting the bail application of the appellant. Accordingly, the following order:
ORDER The criminal appeal is allowed.-7-
NC: 2025:KHC-K:722 CRL.A No. 200017 of 2025 The order dated 17.12.2024 passed by the II Addl. District & Sessions and Special Judge, Vijayapura in Crl.Misc.No.1765/2024, is set aside.
The appellant is directed to be enlarged on bail in Crime No.28/2024 registered by Nidagundi Police Station, Vijayapura for offences punishable under Section 120-B, 302, 201 r/w 34 of IPC and Section 3(2)(V) of SC/ST (POA) Act, 2015 pending before the court of II Addl.
District & Sessions and Special Judge, Vijayapura in Crl.Misc.No.1765/2024, subject to the following conditions:
a) The appellant shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court;
b) The appellant shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;-8-
NC: 2025:KHC-K:722 CRL.A No. 200017 of 2025
c) The appellant shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) The appellant shall not involve in similar offences in future;
e) The appellant shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.
Sd/-
(S.VISHWAJITH SHETTY) JUDGE DHA List No.: 1 Sl No.: 10 CT:PK