Karnataka High Court
Siddappa @ Siddu And Ors vs The State Of Karnataka And Anr on 27 July, 2023
Bench: Hemant Chandangoudarpresided Byhcj
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NC: 2023:KHC-K:5875
CRL.A No. 200177 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 27TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL APPEAL NO.200177 OF 2023
BETWEEN:
1. SIDDAPPA @ SIDDU S/O MARUTI GUNDURE
AGE: 36 YEARS, OCC: AGRICULTURE
2. SHIVASHARANA @ KRISHNA
S/O GOVIND YADAV
AGE: 35 YEARS, OCC: COOLIE
3. DATTA S/O JAGANNATH BOKKE
AGE: 33 YEARS, OCC: COOLIE
ALL R/O TRIPURANTH, BASAVAKLYAN
DIST. BIDAR - 585 401
Digitally signed
...APPELLANTS
by LUCYGRACE
Location: HIGH
COURT OF (BY SRI. SANJAY A. PATIL &
KARNATAKA
SRI RAJKUMAR S. GORTA, ADVOCATES)
AND:
1. THE STATE OF KARNATAKA THROUGH
POLICE, BASAVAKALYAN TOWN POLICE STATION
BASAVAKALYAN CIRCLE, DITST. BIDAR-585 401
REPRESENTED BY ADDL. SPP
HIGH COURT OF KARNATAKA
KALABURAGI BENCH - 585 107
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CRL.A No. 200177 of 2023
2. HEMABAI W/O MALLIKARJUN FULE
AGE: 40 YEARS, OCC: HOUSEWIFE
R/O RAMABAI COLONY, TRIPURANTH
BASAVAKALYAN, DIST. BIDAR-585 401
...RESPONDENTS
(BY SRI. GURURAJ V. HASILKAR, HCGP FOR R1;
SRI SHARANAGOUDA V. PATIL, ADVOCATE FOR R2)
THIS CRL.A IS FILED U/SEC. 14-A OF SC/ST (PA) ACT,
PRAYING TO ALLOW THE APPEAL, THEREBY SET ASIDE THE
ORDER DATED 13.06.2023 PASSED BY II ADDL. DISTRICT AND
SESSIONS COURT, BIDAR, SITTING AT BASAVAKALYAN IN
CRL. MISC. NO.5132/2023, AND FURTHER ENLARGE THE
APPELLANTS ON BAIL IN CRIME NO.33/2023 REGISTERED BY
BASAVAKALYAN TOWN POLICE STATION, DISTRICT BIDAR,
CHARGE SHEETED FOR THE OFFENCES PUNISHABLE
U/SECS. 143, 147, 148, 323, 324, 504, 307, 302, 212 R/W 149 OF
IPC AND SEC. 3(2)(v), 3(2)(v-a) OF SC/ST (PA) AMENDMENT
ACT, 2015, PENDING ON THE FILE II ADDL. DISTRICT AND
SESSIONS JUDGE, COURT BASAVAKALYAN, DISTRICT
BIDAR.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Appellants-accused Nos.4 to 6, who are sought to be
prosecuted for the offences punishable under Sections 143,
147, 148, 323, 324, 302, 504, 307, 302, 212 R/w Section 149
of IPC and Sections 3(2)(v) and 3(2)(v-a) of the Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities)
Amendment Act, 2015 have filed this appeal under Section
14-A of the SC/ST (PA) Act to enlarge them on bail
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2. The case of the prosecution is that, there was a
grudge between the deceased and accused No.1 and accused
No.1 filed a case for attempt to murder against the deceased in
the year 2019. On the date of incident, when the deceased and
his two accomplice were assaulting accused No.2 with garden
cutter and sickle, at that time, all the accused caught hold of
the deceased to do away with his life and the appellants herein
along with other accused pushed he deceased on the ground
and at that time, accused No.1 was handed over talwar by
accused No.7 and thereafter accused No.1 assaulted the
deceased with talwar on the head, due to which the deceased
succumbed to injuries.
3. Heard the learned counsel for the appellants,
learned High Court Government Pleader for respondent No.1-
State and the learned counsel for respondent No.2 - De-facto
complainant.
4. The initial allegation of assaulting accused No.2 is
against the deceased and his accomplices and a counter case is
registered against CW.17 and three others for the offences
punishable under Sections 324, 326, 307, 504 R/w Section 34
of IPC in Crime No.34/2023. The only allegation against the
appellants-accused Nos.4 to 6 is that, they along with other
accused caught hold of the deceased when he and his
accomplices were assaulting accused No.2 to do away with his
life and pushed him on the ground. The specific overt act of
assaulting is against accused No.1, and accused No.7 is said to
have given the talwar to accused No.1, which was kept in the
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CRL.A No. 200177 of 2023
motorcycle belonging to accused No.8. The recovery of
weapons used for assaulting the deceased from accused No.1
and there was no recovery made from the other accused.
5. Whether the appellants-accused Nos.4 to 6 along
with other accused in furtherance of common intention,
intended to commit the murder or not is a matter, which
requires to be proved at the time of trial. At this stage, the
appellants have made out a prima facie case to enlarge them
on bail. Accordingly, I pass the following:
ORDER
Criminal appeal is allowed. The appellants-accused Nos.4
to 6 are enlarged on bail in Crime No.33/2023 registered by
Basavakalyan Town Police Station, District Bidar, for the
offences punishable under Sections 143, 147, 148, 323, 324,
504, 307, 302, 212 R/w Section 149 of IPC and Sections
3(2)(v) & 3(2)(v-a) of the SC/ST (PA) Amendment Act, 2015,
pending on the file of II Addl. District and Sessions Judge
Court, Basavakalyan, District Bidar, subject to the following
conditions:
(a) Appellants-accused Nos.4 to 6 shall furnish their
personals bond for a sum of Rs.1,00,000/- (Rupees
one lakh only) with one surety each for the likesum
to the satisfaction of the jurisdictional Court.
(b) They shall appear before the Court as and when
required.
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(c) They shall not threaten or allure the prosecution
witnesses in whatsoever manner.
(d) They shall not get involved in similar offences.
(e) They shall not leave the territorial limits of the Trial
Court without prior permission of the Trial Court.
Sd/-
JUDGE
LG
