Hanamanth vs The State And Anr
2023 Latest Caselaw 4387 Kant

Citation : 2023 Latest Caselaw 4387 Kant
Judgement Date : 13 July, 2023

Karnataka High Court

Hanamanth vs The State And Anr on 13 July, 2023

Bench: Hemant Chandangoudarpresided Byhcj

                                         -1-
                                               NC: 2023:KHC-K:5313
                                               CRL.A No. 200164 of 2023




                         IN THE HIGH COURT OF KARNATAKA,

                                KALABURAGI BENCH

                       DATED THIS THE 13TH DAY OF JULY, 2023

                                      BEFORE
                 THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR

                        CRIMINAL APPEAL NO.200164 OF 2023
            BETWEEN:

            1.    HANAMANTH
                  S/O BASANNA KOLEKAR
                  AGE: 40 YEARS
                  OCC: MILK VENDOR
                  R/O DEVAL GANGAPUR VILLAGE
                  TQ. AFZALPUR, DIST. KALABURAGI.

                                                          ...APPELLANT

            (BY SRI. M.S. ASTAGI, ADVOCATE)

            AND:

Digitally   1.    THE STATE THROUGH
signed by
LUCYGRACE         SHAHABAD TOWN POLICE STATION
Location:         DIST. KALABURAGI
HIGH
COURT OF          (REPRESENTING BY LEARNED
KARNATAKA         ADDL. STATE PUBLIC PROSECUTOR
                  HIGH COURT KARNATAKA
                  BENCH AT KALABURAGI-585 105)

            2.    SMT. ANJALI
                  W/O GIRISH KAMBANOOR
                  AGE: 29 YEARS
                  OCC: HOUSEHOLD
                  R/O MADDI NO.1, SHAHABAD TOWN
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                                        NC: 2023:KHC-K:5313
                                     CRL.A No. 200164 of 2023




    TQ. SHAHABAD, DIST. KALABURAGI-585 228
    CELL NO.6361737148

                                               ...RESPONDENTS

(BY SRI. SHARANABASAPPA M. PATIL, HCGP FOR R1;
R2 - SERVED)


      THIS CRL.A IS FILED U/SEC. 14-A(2) OF SC/ST (PA) ACT
BY THE ADVOCATE FOR THE APPELLANT, PRAYING TO
ALLOW THE APPEAL AND SET ASIDE THE ORDER DATED
29.05.2023 IN SPL. CASE SC/ST NO.84/2022 DISMISSING THE
BAIL PETITION U/SEC. 439 OF CR.P.C. FILED BY THE
APPELLANT U/SEC. 439 OF CR.P.C. AND BE PLEASED TO
ENLARGE THE APPELLANT IN CRIME NO.78/2022 OF
SHAHABAD TOWN POLICE STATION, DIST. KALABURAGI,
PENDING ON THE FILE OF II ADDL. DISTRICT AND SESSIONS
/ SPECIAL JUDGE AT KALABURAGI, FOR THE OFFENCES
PUNISHABLE U/SEC. 143, 147, 148, 120(B), 302, 396, 201 R/W
SEC. 149 OF I.P.C. AND SEC. 25(1A), 27 OF INDIAN ARMS ACT
AND SEC. 3(i)(r), 2(v) OF SC/ST P.A. ACT, 1989.

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

The appellant-accused No.3, who is sought to be

prosecuted for the offences punishable under Sections 143,

147, 148, 120(B), 302, 396, 201 R/w Section 149 of IPC,

Sections 25(1A) & 27 of the Indian Arms Act and Sections

3(1)(r), 3(2)(v) of the Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act, 1989 (hereinafter referred to as

NC: 2023:KHC-K:5313 CRL.A No. 200164 of 2023

'SC/ST (PA) Act' for short, has filed this appeal under Section

14-A(2) of the SC/ST (PA) Act to enlarge him on bail.

2. Heard the learned counsel for the appellant-accused

No.3 and learned High Court Government Pleader for

respondent No.1-State.

3. Admittedly, the appellant-accused No.3 was not

present as on the date of incident, nor there is any specific

overt act against accused No.3 of assaulting the deceased on

the date of incident. The only allegation against accused No.3

is that, he along with accused Nos.1 and 2 has criminally

conspired to eliminate the deceased. Except the said allegation,

there are no other allegations. Whether accused No.3 along

with accused Nos.1 and 2 hatched a criminal conspiracy or not

is a matter, which requires to be proved at the time of trial. At

this stage, the appellant has made out a prima facie case to

enlarge him on bail. Accordingly, I pass the following:

ORDER

Criminal appeal is allowed. The appellant-accused No.3 is

enlarged on bail in Special Case SC/ST No.84/2022, pending on

the file of II Addl. District and Sessions Judge, Kalaburagi,

NC: 2023:KHC-K:5313 CRL.A No. 200164 of 2023

arising out of Crime No.78/2022 registered by Shahabad Town

Police Station, District Kalaburagi, for the offences punishable

under Sections 143, 147, 148, 120(B), 302, 396, 201 R/w

Section 149 of IPC, Sections 25(1A) & 27 of the Indian Arms

Act and Sections 3(1)(r) & 3(2)(v) of the SC/ST (PA) Act,

subject to the following conditions:

(a) Appellant-accused No.3 shall furnish 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.