Karnataka High Court
Prashant Alias Ajji Parasu ... vs The State Of Karnataka on 14 June, 2022
Bench: K.Natarajan
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 14TH DAY OF JUNE 2022
BEFORE
THE HON'BLE MR.JUSTICE K. NATARAJAN
CRIMINAL APPEAL NO.100312 OF 2021
BETWEEN
1. PRASHANT @ AJJI PARASYA
S/O. BABU NIDAGALKAR,
AGE: 29 YEARS, OCC: COOLIE,
R/O. GANDHI NAGAR, SHANTI BASTWAD,
TALUK AND DIST. BELAGAVI - 590001.
2. GURUNATH S/O. SHRIKANT KOLKAR
AGE: 30 YEARS, OCC: COOLIE,
R/O. HARIJAN KERI, CHIKKAMUNOOLI,
TQ. KHANAPUR, DIST. BELAGAVI - 59001.
(APPEAL IS DISMISSED AS NOT PRESSED
AGAINST APPELLANT NO.2 VIDE ORDER
DATED 30.05.2022)
3. SURESH S/O. TIPPANNA GUDLI,
AGE: 29 YEARS, OCC: COOLIE,
R/O. DURGA DEVI GALLI,
SHANTI BASTWAD,
TALUK AND DIST. BELAGAVI - 590001.
.....APPELLANTS
(BY SRI. JAGADISH PATIL, ADVOCATE)
AND
1. THE STATE OF KARNATAKA
THROUGH BELAGAVI RURAL
CIRCLE POLICE STATION,
REPRESENTED BY
2
THE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD.
2. BASAPPA IRAPPA BIRAMUTTI
AGE: 50 YEARS, OCC: AGRICULTURE,
R/O. DURGADEVI GALLI,
SANTI BASTWAD,
TALUK AND DIST. BEALGAVI - 590001.
......RESPONDENTS
(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1;
R2- SERVED AND UNPRESENTED)
THIS APPEAL IS FILED UNDER SECTION 14(A)(2) OF THE SC AND
ST (POA) ACT, 1989, SEEKING TO ENLARGE THE PRESENT APPELLANTS
I.E. ACCUSED NOS.1, 6 AND 7 ON BAIL WITH RESPECT TO BELAGAVI
RURAL POLICE STATION IN CRIME NO.17/2019 DATED 28.01.2019 FOR
THE OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 148, 341, 302
READ WITH 149 OF IPC AND SECTION 3(1)(R) OF THE SC/ST ACT 1989
AND AMENDMENT ACT 2015 PENDING ON THE FILE OF THE III
ADDITIONAL SESSIONS AND SPECIAL COURT, BELAGAVI IN S.C.
NO.102/2020.
THIS APPEAL IS COMING ON FOR ORDERS THIS DAY, THE COURT
DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the appellants-accused Nos.1 and 7
under Section 14(A)(2) of the Scheduled Caste and Scheduled
Tribes (Prevention of Atrocities) Act, 1989 (for short 'SC & ST (POA)
Act') for setting aside the order of Trial Court and grant bail to
accused Nos.1 and 7.
2. Heard the arguments of the learned counsel for the
appellants and learned High Court Government Pleader for
respondent No.1-State. Notice to respondent No.2 is served and he
has remained unrepresented.
3. This is a successive bail petition filed by the appellant
No.3/accused No.7 for granting bail and the appellant No.1 filed
appeal for first time, but this Court has already rejected the bail
petition of accused No.7 on 17.02.2021 in Criminal Petition
No.100155/2021. The learned counsel for the appellants argued on
merits of the case on various grounds but all the grounds were
already considered by this Court in earlier bail petition and rejected
the bail petition. The learned counsel for the appellants submits
that inspite of more than three years have lapsed the Trial Court
not yet started trial, on that ground, he prayed for grant of bail.
5. The learned High Court Government Pleader for
respondent No.1-State has seriously objected the appeal.
6. On considering the facts and circumstances of the case,
the appellant-accused Nos.1 and 7 are in custody more than three
years. The grounds made out for the offence punishable under
Section 302 of IPC and SC & ST (POA) Act, the accused No.7 held
the legs of the deceased, therefore the accused Nos.3 and 4 able to
cut of the head of the deceased. This is a cruel murder, hence the
appellants-accused Nos.1 and 7 are not entitled for grant of bail.
7. Accordingly, the appeal is hereby dismissed as no fresh
grounds were made out.
8. However, the Trial Court is directed to speed up the trial
without causing any delay as the other accused persons were in
custody more than three years and dispose off the matter as early
as possible.
SD/-
JUDGE
SMM
