Karnataka High Court
Jitendra S/O Ashok Kamble vs The State Through Vijaypura Rural ... on 13 April, 2023
Bench: S Rachaiahpresided Bysrj
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CRL.A No. 200210 of 2022
IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
DATED THIS THE 13TH DAY OF APRIL, 2023
BEFORE
THE HON'BLE MR JUSTICE S RACHAIAH
CRIMINAL APPEAL NO. 200210 OF 2022
BETWEEN:
1. JITENDRA S/O ASHOK KAMBLE
AGE 45 YEARS, OCC, SOCIAL ACTIVIST
AND AGRICULTURE,
R/O TADAVALAGA, VIJAYAPURA-586108
...APPELLANT
(BY SRI. VISHAL PRATAP SINGH.,ADVOCATE)
AND:
1. THE STATE THROUGH
VIJAYPURA RURAL PSI
REPTD BY ADDL. SPP HIGH COURT, KALABURAGI BENCH
KALABURAGI 585107
2. SHRIMANT S/O RAMCHANDRA DHARASANG
RETD KSRTC SECURITY, GUARD R/O GANGBOUDY
VIJAYAPURA 586109
Digitally signed
by KHAJAAMEEN ...RESPONDENTS
L MALAGHAN
Location: High (BY SRI.GURURAJ V.HASILKAR, HCGP .,FOR R-1;
Court of
Karnataka NOTICE TO R-2 IS SERVED)
THIS CRL.A IS FILED U/SEC. 14-A OF SC/ST (PA) ACT R/W
S.439 OF CR.P.C, PRAYING THAT THIS HONOURABLE COURT MAY BE
PLEASED TO PETITIONER AN ACCUSED NO.02 IN CRIME NO.22/2022
REGISTERED BY THE PSI, VIJAYPURA RURAL PS, VIJAYPURA AND
CHARGED WITH OFFENCES PUNISHABLE U/S 302 AND 201 OF THE
IPC PENDING BEFORE THE JMFC, JURISDICTIONAL COURT,
VIJAYPURA MOST RESPECTFULLY AND HUMBLY PRAYS THIS
HONOURABLE COURT TO GRANT THE RELIEF OF REGULAR BAIL IN
THE INTEREST OF JUSTICE AND EQUITY.
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CRL.A No. 200210 of 2022
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard Sri.Vishal Pratap Singh, learned counsel for
the appellant and Sri.Gururaj V.Hasilkar, learned High
Court Government Pleader appearing for the respondent
No.1-State.
2. The case of the prosecution is that the
deceased has posted some defamatory article in the Face
Book account against the petitioner herein. On 01.02.2022
on seeing the said defamatory article, which was posted
by the deceased, the accused Nos.3 and 4 have warned
the deceased not to post such comments in the Face Book
account. Thereafter, it is alleged that the appellant and his
associates have conspired and asked the deceased to
come near Housing Board, Hitnahalli road, when the
deceased went there, the accused Nos.1, 3 and 4 alleged
to have assaulted the deceased with plastic pipes and
killed him. Thereafter, they have thrown the dead body
near his house. A complaint came to be lodged by the
CRL.A No. 200210 of 2022
father of the deceased against the appellants herein and
others and it was registered in Crime No.22/2022 for the
offences punishable under Sections 143, 147, 302, 201
read with 149 of IPC. The appellant is in judicial custody
since 12.02.2022. The appellant is accused No.2 as per
the charge-sheet.
3. It is the submission of the learned counsel for
the appellant that the appellant is innocent of the alleged
offence and he has been falsely implicated in this case.
The police have registered the case on the basis of Face
Book comment which was posted by the deceased against
the appellant. The entire case is based on circumstantial
evidence. There are no eye witnesses to the incident. The
overt act of this appellant has not been attributed either in
the complaint or in the averments of the charge sheet.
Hence, he is entitled for bail. Making such submissions,
the learned counsel for the appellant prays to allow the
appeal.
CRL.A No. 200210 of 2022
4. Per contra, learned High Court Government
Pleader vehemently opposed the appeal stating that the
appellant is the root cause for the murder of the deceased.
It is the case of the prosecution that after posting
comment in the Face Book account of the deceased
against the present appellant, the appellant has instructed
his associates and accordingly his associates have
committed murder. Therefore, the overt-act and motive is
clearly made out by the investigating officer. Accordingly,
charge sheet is filed. Making such submission, learned
High Court Government Pleader prays to dismiss the
appeal.
5. Having heard the learned counsel for the
respective parties and also perused the averments of the
appeal, the entire case is based on circumstantial evidence
and there is no specific overt-act attributed against the
appellant herein, merely because there were some
objectionable comments posted in the Face Book account
of the deceased against the appellant are not sufficient, to
CRL.A No. 200210 of 2022
establish the nexus with the murder of the deceased.
Prima-facie there are nothing to show that the appellant
has instigated the other accused persons, to commit the
murder of the deceased. Having regard to the facts and
circumstances of the case and also considering the slogan
of "bail is a rule, jail is exceptional", the appeal is deserves
to be allowed.
Accordingly, I proceed to pass the following:
ORDER
i) The appeal is allowed.
ii) The appellant is ordered to be enlarged on bail in
Crime No.22/2022 of Vijayapura Rural Police Station on
execution of 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 police, subject to the
following conditions:
a). The appellant shall not commit similar
offences.
CRL.A No. 200210 of 2022
b). The appellant shall not threaten or tamper
the evidence and threaten the prosecution
witnesses.
c). The appellant shall appear before the
jurisdictional police 15 days once between
10.00 a.m. to 2.00 p.m till completion of
the trial.
d.) The appellant shall not leave the
jurisdiction of the Court till completion of
the trial.
In case, if the appellant violates any of the bail
conditions as stated above, the prosecution will be at
liberty to seek for cancellation of bail.
Sd/-
JUDGE
UN
