Karnataka High Court
Hanamant S/O Marigouda Budihal vs State Of Karnataka on 2 February, 2022
Bench: Mohammad Nawazpresided Bymnj
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 2ND DAY OF FEBRUARY 2022
BEFORE
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL APPEAL NO.100042 OF 2022
BETWEEN
HANAMANT
S/O MARIGOUDA BUDIHAL
AGED 24 YEARS, OCC. AGRICULTURE,
R/O. SIMIKERI,
TQ. AND DIST. BAGALKOT-587101
...PETITIONER
(BY SRI.VISHWANATH HEGDE, ADVOCATE)
AND
1. STATE OF KARNATAKA
BY P.S.I. KALADAGI POLICE STATION
R/BY THROUGH STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENCH AT DHARWAD-580011
2. RAMANNA
S/O FAKKIRAPPA HORAKERI
AGED 52 YEARS, OCC. FARMER,
R/O SIMIKERI VILLAGE,
TQ. AND DIST. BAGALKOT-587101
...RESPONDENTS
(BY SRI.VIJAY S. KALASURMATH, HCGP FOR R1-STATE)
2
THIS CRIMINAL APPEAL IS FILED U/S 14-A(2) OF
SCHEDULED CASTE AND SCHEDULED TRIBES (PREVENTION OF
ATROCITIES) ACT,1989 OF CR.PC., SEEKING TO SET ASIDE THE
ORDER DATED 8.7.2021 PASSED BY THE II ADDITIONAL
DISTRIT AND SESSIONS JUDGE BAGALKOT IN
SPL.C.NO.16/2020 AND TO ALLOW THE BAIL APPLICATION
FILED BY THE APPELLANT/ACCUSED NO.1 BEFORE II
ADDITIONAL DISTRICT AND SESIONS JUDGE BAGALKOT IN
SPL.C.NO.16/2020 BY SETTING ASIDE ORDER DATED 8.7.2021
AND CONSEQUENTLY THE APPELLANTS/ACCUSED NO.1 MAY BE
ORDERED TO BE RELEASED ON BAIL IN SPL.C.NO.16/2020
PENDING ON THE FILE OF II ADDITIONAL DISTRICT AND
SESSIONS JUDGE BAGALKOT (CRIME NO.0103/2019 OF
KALADAGI POLICE STATION) FOR ALLEGED OFFENCES UNDER
SECTIONS 302, 323, 324, 341, 504, 506 R/W SECTION 34 OF
IPC 1860 AND SECTION 3(1) (s) AND 3(1) (r) OF THE SC AND
ST (PREVENTION OF ATROCITIES) AMENDMENT ACT 2015 AND
UNDER SECTION 3(2)(v) OF SC AND ST (PREVENTION OF
ATROCITIES) ACT 1989.
THIS APPEAL COMING ON FOR FINAL HEARING THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
3
JUDGMENT
Learned HCGP takes notice for respondent
No.1-State.
2. Appellant/accused no.1 has sought to set
aside the impugned order passed by the learned
Sessions Judge, rejecting his petition filed under
section 439 of Cr.P.C., consequently, to enlarge
him on bail in Crime No.103/2019 of Kaladagi
Police Station, now pending in Special Case
No.16/2020 on the file of II Addl. District and
Sessions Judge, Bagalkot.
3. Charge sheet has been filed against the
accused persons for offence punishable under
Sections 323, 324, 341, 302, 504, 506 r/w section
34 of IPC and Section 3(1)(s) and 3(1)(r) of SC
and ST (Prevention of Atrocities) Amendment Act,
2015 and Section 3(2)(v) of SC and ST(Prevention
of Atrocities) Act, 1989.
4. This Court in Crl.P.N0.101084/2020 vide
order dated 06.10.2020 after considering the
nature and gravity of the offence and also the
material collected by the prosecution, rejected the
prayer of the appellant seeking bail.
5. Subsequent to rejection of bail application
by this Court, appellant has approached the
Sessions Court under Section 439 of Cr.P.C. in
Special Case No.16/2020 and the said petition has
been rejected vide order dated 08.07.2021.
6. The ground urged by the learned counsel
for the appellant is that appellant is in judicial
custody from 20.12.2019 and further that he will
undertake not to enter the village till conclusion of
recording of the prosecution evidence.
7. The appellant is accused of committing an
offence punishable with death or imprisonment for
life. The period of incarceration now undergone
by the appellant is not a ground to enlarge him on
bail, when there are serious allegations made
against him. This Court has specifically observed
that the witnesses are from the same village and
in the event of his release, there is likelihood of
tampering those witnesses. Threatening or
influencing the witnesses cannot be ruled out, if
the appellant is enlarged on bail. There are no
changed circumstances so as to once again
consider his prayer for bail. No grounds are made
to set aside the impugned order.
8. Hence, appeal is dismissed.
Sd/-
JUDGE
HMB
