Karnataka High Court

Somaning And Ors vs The State Of Karnataka And Anr on 23 August, 2021

Author: Mohammad Nawaz

                                1


           IN THE HIGH COURT OF KARNATAKA
                  KALABURAGI BENCH

       DATED THIS THE 23RD DAY OF AUGUST 2021

                           BEFORE

     THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ


         CRIMINAL APPEAL NO.200122/2021


Between:

1. Sri Somaning S/o Vithal Wadeyar,
   Aged about 45 years, Occ: Agriculture,

2. Smt.Siddamma W/o Somaningappa Wadeyar,
   Aged about 25 years, Occ : Hosuehold work,

3. Sri Siddappa S/o Vithal Wadeyar,
   Aged about 32 years, Occ : Agriculture,

4. Sri Vithal S/o Amogeppa Wadeyar,
   Aged about 65 year, Occ : Agriculture

5. Smt.Nimbevva W/o Vithal Wadeyar,
   Aged about 55 years, OCc : Household work,

All are R/o Ballavur Village,
Tq : Basavana Bagewadi,
Dist : Vijayapur - 586 209.
(Accused - 1 to 5)
                                             ... Appellants

(By Sri S.S.Mamadapur, Advocate)
                               2


And:

1   The State of Karnataka
    Through B.Bagewadi PS
    Rep. by its State Public Prosecutor,
    Advocate General's Office,
    High Court Building, Kalaburagi.

2. Smt.Mahadevi
   W/o Chandram Nayak @ Lamani,,
   Aged about 68 years, Occ : Household work,
   R/o Maruti Nagar, Muddebihal,
   Dist : Vijayapur.
                                        ... Respondents

(By Sri Mallikarjun Sahukar, HCGP for R1;
R2- served)

       This Criminal Appeal is filed under Section 14A SC/ST
(PA)      Act,    praying     to    relax    condition    in
Crl.Misc.No.386/2021 passed by the Hon'ble II Addl.
Sessions Judge, Vijayapur vide order dated 17.04.2021
ordering furnishing of two local solvent sureties with
solvency certificates issued by the Revenue Authority and
further relax the condition No.1 relating to compliance of
the above Condtiion-1 with respect to the petitioners
appearing before the jurisdictional police and to move for
regular bail before the Hon'be Court.


        This appeal coming on for Admission, this day, the
Court delivered the following:
                              3


                       JUDGMENT

Heard the learned counsel for appellants and learned

High Court Government Pleader for respondent No.1/State.

Respondent No.2 is served but, unrepresented.

2. The appellants are before this Court praying to

relax the condition imposed in Crl.Misc.No.386/2021 by

the Court of II Additional Sessions Judge, Vijayapur vide

order dated 17.04.2021.

3. While releasing the appellants on bail, the

learned Sessions Judge has directed them to furnish two

local solvent sureties with solvency certificates issued by

the Revenue Authority. Further directed them to appear

before the concerned police within 15 days from the date

of the order and move for regular bail before the

concerned jurisdictional Court within 30 days from the date

of the said order.

4. Appellants are arraigned as accused Nos.1 to 5

respectively in Crime No.31/2021 registered at Basavan

Bagewadi Police Station, Vijayapur District, for offences

punishable under Sections 143, 147, 447, 504 and 506

read with Section 149 of IPC and Sections 3(i), (r), (s) and

(2) of Scheduled Castes and Scheduled Tribes (Prevention

of Atrocities) Act, 2015 (for short, SC/ST (PA) Act').

5. The Court below was pleased to enlarge the

appellants on anticipatory bail, imposing the following

conditions :-

"xxx

It is hereby further ordered that, the instant- petitioners/accused No's.1 to 5 shall be enlarged on bail in the event of their arrest by the respondent-police, on executing the personal-bond for a sum of `1,00,000/- each with two local solvent sureties with solvency certificates issued by the revenue authorities for the reasons stated in the para No.37 in the above discussion, for like- sum, to the satisfaction of the concerned police, subject to the following :

CONDITIONS

1. The instant-petitioners/accused No's.1 to 5 shall appear before the concerned respondent-police within 15 days from the date of this order and

thereafter shall move for regular-bail before the concerned jurisdictional court within 30 days from the date of this order.

2. The instant-petitioners/accused No's.1 to 5 shall make themselves available to the concerned respondent-police for further-investigation as and when they are required and called-for.

3. The instant-petitioners/accused No's.1 to 5 shall not tamper or lure or threaten the prosecution- witnesses in any manner.

4. The instant-petitioners/accused No's.1 to 5 shall not hamper or flee-away from the trial of the case in any-way either directly or indirectly.

5. The instant-petitioners/accused No's.1 to 5 shall neither involve themselves nor commit any similar-offences.

6. The instant-petitioners/accused No's.1 to 5 shall be regular before the trial-court on each and every-date of hearing, without fail during the trial till the disposal of the case before it on merits.

7. The instant-petitioners/accused No's.1 to 5 and their surety/s shall produce the authenticated- documents of their personal-identification with their recent-color photographs and permanent- residence or place of abode, as proof of their

residence, which shall form the part of the charge-sheet or case-file before the concerned court.

8. The instant-petitioners/accused No's.1 to 5 shall mark their attendance once in 15 days/fortnight on every alternative Sunday between 6.00 a.m. in the morning and 10.00 p.m. in the night in B.Bagewadi P.S, before the SHO, in respect of which the said SHO, shall maintain the muster- roll and keep-on informing the concerned court once in 3 months regularly, till the submission of the charge-sheet.

9. The instant-petitioners/accused No's.1 to 5 shall not leave the jurisdiction of B.Bagewadi P.S without expressed permission of the trial court till the disposal of the case before it.

10.It is Needless to explicit that, infringement of any of the afore-imposed conditions by the instant-petitioners/accused No's.1 to 5, will deemingly bestow the liberty to the prosecution to move for the cancellation of the present-bail, without issuance of prior-notice."

6. In similar circumstances, this Court in Criminal

Petition No.201250/2020 disposed off on 18.12.2020 has

relaxed the condition, observing that even if the condition

to furnish solvency certificates by the sureties is relaxed,

that will not affect the prosecution in any manner, as even

without solvency certificate, the said sureties can be

compelled to ensure the presence of the accused before

the Court.

7. In the facts and circumstances and also

considering the aforesaid decision of this Court, I proceed

to pass the following :