Sri Lokesh S/O. Ramappa ... vs The State Of Karnataka
2022 Latest Caselaw 11683 Kant

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                           CRL.A No. 100387 of 2022


           IN THE HIGH COURT OF KARNATAKA,
                    DHARWAD BENCH

       DATED THIS THE 9TH DAY OF SEPTEMBER, 2022

                        BEFORE

THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR

          CRIMINAL APPEAL NO. 100387 OF 2022

BETWEEN:

     SRI. LOKESH S/O. RAMAPPA BANDIWADDAR,
     AGE: 34 YEARS, OCC. AGRICULTURE,
     R/O. GOSABAL VILLAGE,
     TAL. GOKAK,
     DIST. BELAGAVI-591227.
                                             ... APPELLANT
(BY SRI. SRINAND A.PACHHAPURE, ADVOCATE)

AND:

1.   THE STATE OF KARNATAKA,
     THROUGH RAIBAG POLICE STATION,
     NOW R/BY STATE PUBLIC PROSECUTOR,
     HIGH COURT OF KARNATAKA,
     DHARWAD, BENCH AT DHARWAD-580011.

2.   SMT. SAVITA W/O ARJUN MEGADE,
     AGE: 26 YEARS, OCC. HOUSEWIFE,
     R/O. BENDAWAD VILLAGE-591222,
     TAL. RAIBAG, DIST. BELAGAVI.
                                       ... RESPONDENTS
(BY SRI. PRASHANTH V.MOGALI, HCGP FOR R1;
 R2 SERVED)

     THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14
A(2) OF SC AND ST (POA) ACT, 1989, SEEKING TO ENLARGE
THE APPELLANT/ACCUSED NO.4 ON BAIL IN CRIME
NO.296/2021 REGISTERED FOR THE OFFENCE PUNISHABLE
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                                   CRL.A No. 100387 of 2022


UNDER SECTIONS 143, 144, 147, 148, 120(B), 302, 341, 363
AND 201 READ WITH SECTION 149 OF IPC AND UNDER
SECTIONS 3(2)(V) AND 3(2)(V-a) OF SC/ST (POA)
AMENDMENT ACT, BY THE RAIBAG POLICE, PENDING ON THE
FILE OF COURT OF THE LEARNED III ADDITIONAL DISTRICT
AND SESSIONS JUDGE, BELAGAVI.

     THIS CRIMINAL APPEAL COMING ON FOR ORDERS THIS
DAY, THE COURT DELIVERED THE FOLLOWING:


                            JUDGMENT

This appeal is filed by accused No.4

challenging the order dated 15.03.2022 passed by

the learned III Additional District and Sessions

Judge, Belagavi in Criminal Misc. No.170/2022

filed under Section 439 of The Code of Criminal

Procedure, 1973 (hereinafter referred to as the

'Cr.P.C.', for brevity) seeking bail in respect of

Raibag Police Station in Crime No.296/2021

registered for the offences punishable under

Sections 143, 144, 147, 148, 120(B), 302, 341,

363, 201 read with Section 149 of IPC and under

Sections 3(2)(v) and 3(2)(va) of The Scheduled

Castes and the Scheduled Tribes (Prevention of

Atrocities) Act, 1989 (hereinafter referred to as

CRL.A No. 100387 of 2022

the 'SC/ST Act', for brevity) which came to be

rejected.

2. Heard the learned counsel for the

appellant/accused No.4 and the learned High Court

Government Pleader for respondent No.1-State.

Respondent No.2/complainant inspite of service of

notice remained absent and unrepresented.

3. The case of the prosecution is that, one

Smt. Savita W/o. Arjun Megade has filed complaint

against four unknown persons stating that accused

No.1/Bhimappa is a resident of Gosabal Village of

Gokak Taluk, he is a mason by occupation, he has

two wives namely Laxmi and Bharati. The first wife

has two children and second wife has a son.

Accused No.1 along with two wives and children

was staying separately in a rented house in

Bendawad Village at about four years ago. At that

time the deceased Arjun Maruti Megade of same

Bendawad Village has developed an illicit

CRL.A No. 100387 of 2022

relationship with Bharati the second wife of

accused No.1. The accused No.1 returned home so

early from work whereby he saw the deceased

Arjun and his wife together in the house. He tried

to catch the deceased but he fled away from the

spot. When the villagers of Bendawad became

aware of such illicit relationship, the accused No.1

has left the said Village and began to stay with his

family in Gosabal Village. But, the deceased Arjun

began stalking accused No.1's wife (Bharati) in

Gosabal Village also. As a result, accused No.1

became enraged and he made a criminal

conspiracy with accused Nos.2 to 6 to eliminate

the said Arjun. That on 03.12.2021 at about 11:00

a.m. when the said deceased Arjun who was a milk

vendor was proceeding on a two wheeler bearing

Registration No. KA-23/EM-4791 from Katakabhavi

to Mantur. The accused Nos.1, 2, 4 and 5 have

intercepted him near the land of Govindrao

CRL.A No. 100387 of 2022

Appasaheb Desai on Mantur-Katakabhavi tar road

within the limits of Mantur Village and amongst

them, the accused No.1 heavily assaulted on the

head of the said Arjun with iron rod and when the

said Arjun lost his consciousness and collapsed,

the said accused carried him in a TATA Indigo car

bearing Reg.No. KA-48/M-1286. It is on the way

the said Arjun succumbed to the injuries in the car

itself. The said accused Nos.1, 2, 4, 5 and 6 threw

his body in a big water canal near Mahanteshwar

Math in Mannikeri Village. As per the plan hatched

by them, the accused No.3 who is relative of

accused No.1 and resident of Bendawad Village

was giving information about the movements and

location of the deceased Arjun and accused No.6

was standing near the big canal in Mannikeri

watching the public to ensure that nobody should

be there at the time of throwing the dead body in

the said canal. The deceased Arjun belongs to

CRL.A No. 100387 of 2022

belong to Hindu Lingayat, accused No.2 belongs to

Hindu Kshatriya and accused No.4 is Hindu Waddar

have committed the murder of Arjun Megade as he

developed illicit relationship with the second wife

of accused No.1. The said case came to be

registered in Crime No.296/2021 of Raibag Police

Station for the offences punishable under Sections

323, 341, 363 read with Section 34 of IPC against

the unknown persons. During the course of

investigation, Police arrested accused Nos.1, 4 and

6 on 04.12.2021 and recorded their voluntary

statements. Thereafter, based on the said

voluntary statements accused Nos.2 and 5 were

arrested on 28.12.2021. The Investigating Officer

after completing the investigation filed the charge

sheet against accused Nos.1 to 6 for the offences

punishable under Sections 143, 144, 147, 148,

CRL.A No. 100387 of 2022

120(B), 302, 341, 363, and 201 read with Section

149 of IPC and under Sections 3(2)(v) and

3(2)(va) of SC/ST Act. The appellant/accused No.4

filed bail application in Criminal Misc. No.170/2022

along with accused No.6 and the same came to be

rejected by order dated 15.03.2022 by the learned

III Additional District and Sessions Judge,

Belagavi. The said order is challenged in the

instant appeal.

4. The learned counsel for the appellant

would contend that, complaint has been filed by

the wife of the deceased and it is against unknown

persons. There are no overt acts alleged against

the appellant/accused No.4 except his presence on

the spot at the time of the incident and conspiracy

with the other accused. The entire case depends

upon the statement of CW4. CW4 in his statement

recorded by the Police and also recorded under

Section 164 of Cr.P.C., has not stated the names

CRL.A No. 100387 of 2022

of the persons who assaulted and took the

deceased in the car. Even though the

appellant/accused No.4 is arrested on 04.12.2021,

the Test Identification Period has been conducted

on 20.01.2022 and in the mean time, there are

chances of this CW4 seeing the accused persons

who were brought to the Court and other places for

investigation. It is his further submission that,

main allegation and motive is against accused No.1

and the appellant/accused No.4 is not relative of

accused No.1 but he is also coolie working along

with accused No.1. There is no recovery of any

weapons at the instance of the appellant. The

appellant is in judicial custody since 9 months and

as the charge sheet is filed, the appellant is not

required for any custodial interrogation. Without

considering all these aspects, the learned Sessions

Judge has passed an impugned order which

CRL.A No. 100387 of 2022

requires interference by this Court. With this he

prayed to allow the appeal.

    5.     Per      contra,          learned       High      Court

Government       Pleader      for     respondent      No.1-State

would contend that this appellant along with other

accused conspired to kill the deceased as he had

illicit relationship with the second wife of accused

No.1. The offence alleged against the

appellant/accused No.4 is heinous offence

punishable with death or imprisonment for life.

There is a recovery of clothes at the instance of

this appellant/accused No.4. CW4 in his statement

recorded under Sections 161 and 164 of Cr.P.C.,

has stated the presence of four persons assaulting

and taking a person in a car. The said CW4 has

identified this appellant/accused No.4 at the time

of Test Identification Period. The charge sheet

material shows prima facie case against the

appellant, if the appellant is granted bail, there

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CRL.A No. 100387 of 2022

are chances of threatening the complainant and

other prosecution witnesses. The bail petition of

accused No.6 has been rejected by the Sessions

Court and appeal preferred by him has been

rejected by this Court. Considering all these

aspects, the learned Sessions Judge has rightly

rejected the bail petition of appellant/accused No.4

which does not call for the interference by this

Court. With this, he prayed to dismiss the appeal.

6. Having regard to the submission made by

the learned counsel for the appellant and the

learned High Court Government Pleader for

respondent No.1-State, this Court has perused the

impunged order and charge sheet papers.

7. The accusation against this

appellant/accused No.4 in the charge sheet is that,

he and accused Nos.1, 2, 5 and 6 conspired to kill

the deceased. In furtherance of the said

conspiracy, they stopped his motorcycle, accused

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CRL.A No. 100387 of 2022

No.1 assaulted him with iron rod on his head and

accused Nos.1, 2, 4 and 6 took the injured in the

car and on the way he died and they threw the

dead body at a canal as shown by accused No.6

who was there present at canal keeping watch.

There is no specific overt act alleged against this

appellant/accused No.4 of assault on the deceased.

The accusation of assault is on accused No.1 who

said to have assaulted the deceased with iron rod

on his head two times with force who became

unconscious. The accusation against this

appellant/accused No.4 is conspiracy and present

at the spot at the time of the incident and taking

the injured in the car and throwing the dead body

in the canal. The motive is against the accused

No.1 as the deceased had illicit relationship with

the second wife of accused No.1. CW4 has not

stated the names of persons who took the person

who was moving on motorcycle after assaulting

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CRL.A No. 100387 of 2022

him in car. The Test Identification Period has been

conducted after more than 1 month 15 days of

arrest of this appellant/accused No.4. In the

meantime, from the date of arrest and prior to

Test Identification Period the appellant/accused

No.4 might have taken by the Investigating Officer

for the investigation and also produced to the

Court. Without considering all these aspects, the

learned Sessions Judge has passed the impugned

order which requires interference by this Court.

The main apprehension of the prosecution is that,

if the appellant is granted bail, he will threaten the

complainant and other prosecution witnesses, can

be met with by imposing stringent conditions.

8. In the facts and circumstances of the

case and submission of the counsel, this Court is

of the view that there are valid grounds for setting

aside the impugned order and granting bail to this

appellant/accused No.4 subject to certain terms

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CRL.A No. 100387 of 2022

and conditions. Hence, I proceed to pass the

following:

ORDER

The appeal is allowed. The impugned order

dated 15.03.2022 passed in Criminal Misc.

No.170/2022 by the learned III Additional District

and Sessions Judge, Belagavi is set-aside so far as

appellant/ accused No.4 is concerned.

Consequently, the petition filed by appellant under

Section 439 of Cr.P.C., stands allowed and the

appellant/accused No.4 shall be released on bail in

Crime No.296/2022 of Raibag Police Station,

subject to the following conditions:

i. The appellant/accused No.4 shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh Only) with one surety for the likesum to the satisfaction of the Jurisdictional Court.

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CRL.A No. 100387 of 2022

ii. The appellant/accused No.4 shall not indulge in tampering the prosecution witnesses.

iii. The appellant/accused No.4 shall attend the Court on all the dates of hearing, unless exempted, and co-operate in speedy disposal of the case.

Sd/-

JUDGE

RH