Karnataka High Court
Mallappa S/O Shivappa Huddar vs State Of Karnataka on 24 November, 2023
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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NC: 2023:KHC-D:13761
CRL.A No. 100290 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 24TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL APPEAL NO. 100290 OF 2023
BETWEEN:
1. MALLAPPA
S/O SHIVAPPA HUDDAR
AGED ABOUT 33 YEARS,
R/AT. SHIROL VILLAGE,
TQ. MUDHOL,
DIST. BAGALKOT-587313.
2. KADAPPA @ RAJU MALLAPPA
MUCHAKHANDI @ BOGALI
S/O MALLAPPA MUCHANDI @ BADAGI
AGED ABOUT 38 YEARS,
R/AT. SHIROL VILLAGE,
TQ. MUDHOL,
DIST. BAGALKOT-587313.
Digitally 3. SHANKAR S/O JATTAPPA GUDADINNI
signed by AGED ABOUT 38 YEARS,
SUMITHRA OCC. AGRICULTURIST,
R R/AT. TORVI VILLAGE,
Location: TQ AND DIST. VIJAYAPUR-586108
High Court ...APPELLANTS
of Karnataka
(BY SRI. S. RAJASHEKAR, ADVOCATE FOR SRI. SIDDAPPA
SAJJAN., ADVOCATE)
AND:
1. STATE OF KARNATAKA
THROUGH S.H.O. MUDHOL POLICE STATION
REP. BY STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING,
DHARWAD-580011.
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CRL.A No. 100290 of 2023
2. YALLAPPA BHARAMAPPA TALAGERI
S/O BHARAMAPPA TALAGERI
AGED 45 YEARS,
R/AT. SHIROL VILLAGE,
TQ. MUDHOL TALUK,
BAGALKOT DISTRICT-587313
...RESPONDENTS
(BY SRI.ASHOK KATTIMANI, HCGP FOR R1;
SRI. R.M. JAVED, ADVOCATE FOR R2)
THIS CRIMINAL APPEAL IS FILED U/SEC. 14A(2) OF
SC/ST ACT, SEEKING TO ENLARGE THE APPELLANTS/ACCUSED
NO.1, 14 AND 15 ON BAIL CASE REGISTERED BY THE
MUDHOL PS IN CRIME NO. 160/2019, FOR THE OFFENCES
P/U/SEC. 143, 147, 148, 302, 120B R/W SEC. 149 OF IPC AND
SEC. 3(2) (v-a) OF SC/ST (PREVENTION OF ATROCITIES)
(AMENDMENT) ACT, 1989 IN SPL.C. NO. 03/2020 PENDING ON
THE FILE OF II ADDL. DISTRICT AND SESSIONS JUDGE,
BAGALKOTE AND GRANT SUCH OTHER AND FURTHER RELIEFS.
THIS CRIMINAL APPEAL COMING ON FOR ORDERS THROUGH
VIDEO CONFERENCING AT PRINCIPAL BENCH, BENGALURU,THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This is a successive appeal filed by accused Nos.1, 14
and 15 in Spl.Case.No.3/2020 pending on the file of the II
Additional District and Sessions Judge, at Bagalkote, to enlarge
them on bail, by setting aside the order passed by the learned
Sessions Judge.
2. Charge sheet is filed for offences punishable under
Sections 143, 147, 148, 302, 120(B) r/w 149 IPC and Section
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3(2)(v-a) of Scheduled Castes/Scheduled Tribes (Prevention of
Atrocities) Amendment Act, 1989 (for short 'SC/ST (PoA)
Amendment Act').
3. Accused No.15-Shankareppa S/o Jatteppa
Gudadinni had preferred Crl.P.No.100934/2020 and accused
No.14-Kadappa @ Raju S/o Mallappa preferred
Crl.P.No.100845/2020 before this Court. Both the petitions
were clubbed and heard together and by an order dated
04.11.2020, the said petitions were dismissed.
4. Accused No.15-Shankareppa S/o Jatteppa
Gudadinni had filed Crl.A.No.100041/2022 and the said appeal
was dismissed as withdrawn vide order dated 17.03.2022.
5. Accused No.1-Mallappa had preferred
Crl.A.No.100360/2022 before this Court and the said appeal
was dismissed on merits, by an order dated 19.09.2022.
6. The learned counsel for the appellants made a
submission that the appellants are languishing in judicial
custody since 17.10.2019. Hence, this Court directed the
learned Sessions Judge to send a report for the delay in
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conducting the trial. Consequent to which, the learned
Sessions Judge has sent a report dated 21.11.2023 wherein it
is stated that the charges are framed on 25.08.2021 and some
of the witnesses are already examined before the trial Court
etc.
7. The trial is in progress. Further, it is brought to
the notice that the accused have filed one more petition before
the Sessions Court under Section 439 of Cr.P.C. Since the said
petition is pending before the trial Court, the present appeal is
dismissed.
SD/-
JUDGE
TL
