Karnataka High Court
Tippanna S/O Ramanna Alias ... vs The State Of Karnataka on 27 July, 2023
Bench: Anil B Katti
-1-
NC: 2023:KHC-D:7853
CRL.A No. 100319 of 2023
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 27TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE ANIL B KATTI
CRIMINAL APPEAL NO. 100319 OF 2023
BETWEEN:
1. TIPPANNA S/O RAMANNA @ RAMAPPA NAMASEVI,
AGE. 35 YEARS, OCC. PRIVATE EMPLOYEE,
R/O.HULIHYDAR, TQ. KANAKAGIRI,
DIST.KOPPAL-572123
2. YAMANOORAPPA S/O. AMARAPPA KAMBAR,
AGE. 32 YEARS, OCC. COOLIE,
R/O.HULIHYDAR, TQ. KANAKAGIRI,
DIST.KOPPAL-572123
3. SHIVU @ SHIVARAJ S/O VIRUPPANNA KAMBAR,
AGE. 25 YEARS, OCC. COOLIE,
R/O.HULIHYDAR, TQ. KANAKAGIRI,
DIST.KOPPAL-572123
Digitally
signed by
ANNAPURNA 4. VIJAYA S/O. PAMONANNA BANDIKONDI @ NAYAK,
ANNAPURNA CHINNAPPA
CHINNAPPA DANDAGAL AGE. 37 YEARS, OCC. COOLIE,
DANDAGAL Date:
2023.07.28 R/O.HULIHYDAR, TQ. KANAKAGIRI,
11:31:30 -
0700 DIST.KOPPAL-572123
5. HAMPAMMA W/O. YANKAPPA TALAWAR
AGE. 49 YEARS, OCC. HOUSEHOLD,
R/O.HULIHYDAR, TQ. KANAKAGIRI,
DIST.KOPPAL-572123
6. SHANTAMMA W/O PARASAPPA
@ PARASHURAMA TALAVAR,
AGE. 38 YEARS, OCC. AGRICULTURE,
R/O.HULIHYDAR, TQ. KANAKAGIRI
-2-
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CRL.A No. 100319 of 2023
DIST.KOPPAL-572123
...APPELLANTS
(BY SRI. H. N. GULARADDI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THROUGH KANAKAGIRI POLICE STATION,
KANAKAGIRI,
REPRESENTED BY THE STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA,
DHARWAD BENCH.
2. DHARMANA S/O. NAGALINGAPPA HARIJAN
AGE. 22 YEARS, OCC.
R/O.HULIHYDAR, TQ. KANAKAGIRI,
DIST.KOPPAL-572123
...RESPONDENTS
(BY SRI. PRAVEEN UPPAR, HCGP FOR R1;
R2 - SERVED)
THIS CRIMINAL APPEAL IS FILED U/SEC. 14A(2) OF CR.P.C.
SEEKING TO SET ASIDE THE ORDER OF REJECTION OF BAIL BY ITS
ORDER DATED 16.05.2023 PASSED BY THE PRL. DISTRICT AND
SESSIONS JUDGE, KOPPAL IN CRIMINAL MISC NO. 298/2023 FOR
THE OFFENCE P/U/SEC. 143, 147, 148, 323, 324, 326, 307, 302,
109, 212, 504 AND 506 R/W 149 OF IPC AND SEC. 3(1)(r), 3(1)(s),
3(2)(va) OF SC/ST (POA) ACT 2015 AND ALLOW THE APPEAL AND
RELEASE THE APPELLANT/ACCUSED ON ANTICIPATORY BAIL IN
CRIME NO. 84/2022 OF KANAKAGIRI P.S.
THIS CRIMINAL APPEAL, COMING ON FOR ORDERS, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
feeling aggrieved by rejection of anticipatory bail petition
filed under Section 438 of Cr.P.C on the file of Principal
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CRL.A No. 100319 of 2023
District and Sessions Judge at Koppal in
Crl.Misc.No.298/2023 vide order dated 16.05.2023,
preferred this appeal.
2. Parties to the appeal are referred with their
ranks as assigned in the trial Court for the sake of
convenience.
3. Heard the arguments of both sides.
4. On the strength of complaint filed by
Khadarbasha S/o Mohammad Basha Maligaddi, criminal
law was set into motion by registering case in crime No.
84/2022 for the offences punishable under Sections 143,
147, 148, 323, 324, 326, 304, 302, 109, 212, 504 and
506 read with section 149 of IPC and Section 3(1)(r) (s),
3(2)(w) and 3(2)(v-a) of SC/ST (Prevention of Atrocity)
amendment Act 2015 (for short 'Act').
5. The prosecution alleges that on 11.08.2022 at
about 9.00 a.m. appellants along with other accused
formed themselves into unlawful assembly being armed
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CRL.A No. 100319 of 2023
with deadly weapons like rod, stick and stones assaulted
on brother of complainant Pashavali. When complainant
and his friend Sanna Hanumanatha came to rescue,
accused persons assaulted with deadly weapons, thereby
caused death of Pashavali. Accused also assaulted Sanna
Hanumantha and abused him in filthy language by taking
his caste, further accused have also assaulted Ibrahim
Mehiboobsab Tavargiri and Dharmanna. On these
allegations case was registered against appellants for the
aforesaid offences.
6. Learned High Court Government Pleader for
respondent filed objections contending that there are
sufficient material evidence against appellants/accused
Nos. 47, 49, 52, 55, 57, 58. The incident took place
between two groups on the issue of installation of Valmiki
idol. There are case and counter case against each other
groups. There is bar under Section 18 of the Act to
entertain anticipatory bail application. The grant of bail to
some of accused cannot be a valid ground for granting bail
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CRL.A No. 100319 of 2023
to these appellants. Therefore, prayed for dismissal of
appeal.
7. Looking to the complaint allegations and
statement of C.W.58 Sanna Hanamanatha i.e. friend of
complainant injured in this case and C.W.36 Ibrahim
Tavargiri, who is another injured witness, it would go to
show that allegations of causing death of Pashavali S/o
Mohammadsab Maligaddi by assaulting with deadly
weapons is against accused Nos.1 to 3 and 11. The charge
sheet material would go to show that allegations against
these appellants/accused Nos. 47, 49, 52, 55, 57, 58 are
under Sections 143, 147, 504, 506 read with section 149
of IPC. It means that other than allegations of these
appellants being members of unlawful assembly, joined
other accused in abusing and causing threat to
complainant. There are no allegations against these
appellants that they have actively participated in
committing murder of Pashavali and inflicting injury to
CW.34 Dharmanna. The injured CW.34 Dharmanna has
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CRL.A No. 100319 of 2023
been already discharged from hospital and there is no
danger to his life. The identification of all these appellants
is based on CCTV footage provided by CW.13, which came
to be seized under panchanama, who are present
appellants along with other accused participated in
commission of offence charged against them being
members of unlawful assembly in abusing, so also threat
as alleged by prosecution is a matter of trial.
8. It is not in serious dispute that similarly placed
accused in the very same crime number have been
released on bail. Therefore, on the ground of parity also
these appellants are entitled for anticipatory bail. The
appreciation of learned High Court Government Pleader
can be met by imposing appropriate conditions.
Consequently, proceed to pass the following.
ORDER
Appeal filed by appellants/accused Nos. 47, 49, 52,
55, 57, 58 is hereby allowed.
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CRL.A No. 100319 of 2023
The impugned order dated 16.5.2023 passed by the
Prl. District and Sessions Judge/Special Judge Koppal in
Crl.Misc.No.298/2023 is set aside.
Appellants/accused Nos. 47, 49, 52, 55, 57, 58 in the
event of their arrested are ordered to be released on they
executing personal bond for sum of Rs.1,00,000/- each
with one surety for likesum.
Appellants/accused Nos. 47, 49, 52, 55, 57, 58 shall
not indulge in any of the criminal activity.
Appellants/accused Nos. 47, 49, 52, 55, 57, 58 shall
not tamper with the prosecution witness in any manner.
Appellants/accused Nos. 47, 49, 52, 55, 57, 58 shall
not leave jurisdiction of the trial Court without prior
permission of trial Court.
(Sd/-)
JUDGE
VB
