Karnataka High Court
Neelesh vs The State Of Karnataka And Anr on 29 November, 2023
Author: K Natarajan
Bench: K Natarajan
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NC: 2023:KHC-K:8908
CRL.A No. 200163 of 2023
C/W CRL.A No. 200212 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 29TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR. JUSTICE K NATARAJAN
CRIMINAL APPEAL NO.200163 OF 2023 (U/S 14 (A))
C/W
CRIMINAL APPEAL NO.200212 OF 2023
IN CRIMINAL APPEAL NO.200163 OF 2023
BETWEEN:
1. BHEEMSINGH S/O MONU JADHAV
AGE. 23 YEARS, OCC: COOLIE,
R/O ARANKALKINDI TANDA,
TQ KALAGI,
DIST KALABURAGI 585312
Digitally signed
by KHAJAAMEEN
L MALAGHAN
Location: High
Court Of
Karnataka ...APPELLANT
(BY SRI. CHAITANYAKUMAR CHANDRIKI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THROUGH KALAGI P.S
REPRESENTED BY ADDL. SPP
HIGH COURT OF KARNATAKA
KALABURAGI 585107
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CRL.A No. 200163 of 2023
C/W CRL.A No. 200212 of 2023
2. NAKUL S/O JEEVALA CHAVAN
AGE. 32 YEARS, OCC. LABOUR,
R/O ARANKAL TANDA,
TQ KALAGI,
DIST KALABURAGI 585312
...RESPONDENTS
(BY SMT. ANITA M. REDDY, HCGP, FOR R1
R2 SERVED)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14-A
OF SC/ST (PA) ACT, PRAYING TO SET ASIDE THE IMPUGNED
ORDER DATED 24.03.2023 PASSED BY THE II ADDL. DISTRICT
AND SESSIONS JUDGE AT KALABURAGI IN CRL. MISC.
NO.429/2023 AND CONSEQUENTLY BE PLEASED TO ALLOW
THE ABOVE CRIMINAL APPEAL BY ISSUING DIRECTION TO
THE RESPONDENT NO.1 KALAGI POLICE STATION, DIST.
KALABURAGI TO RELEASE THE APPELLANT ON BAIL IN
SPL.C.(SC/ST) NO.09/2023 (CRIME NO.70/2022) FOR THE
OFFENCES PUNISAHBLE UNDER SECTIONS 143, 147, 148,
504, 323, 324, 326, 302 AND 201 READ WITH SECTION 149 IPC
AND SECTIONS 3(1)(r)(s) 2 (v) OF SC/ST ACT, PENDING ON
THE FILE OF THE II ADDL. DISTRICT AND SESSIONS JUDGE
AT KALABURAGI, DIST. KALABURAGI.
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CRL.A No. 200163 of 2023
C/W CRL.A No. 200212 of 2023
IN CRIMINAL APPEAL NO.200212 OF 2023
BETWEEN:
1. NEELESH S/O MONU JADHAV,
AGE 22 YEARS, OCC: GOUNDI WORK,
R/O: ARANKAL TANDA,
TALUK KALAGI,
DISTRICT KALABURAGI 585312.
...APPELLANT
(BY SRI. CHAITANYAKUMAR CHANDRIKI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THROUGH KALAGI PS
DISTRICT KALABURAGI,
REPRESENTED BY
ADDITIONAL SPP.
HIGH COURT OF KARNATAKA,
KALABURAGI 585107.
2. NAKUL S/O JEEVALA CHAVAN,
AGE 32 YEARS OCC: LABOUR
R/O: ARANKAL TANDA,
TALUK KALALGI,
DISTRICT KALABURAGI 585312.
...RESPONDENTS
(BY SMT. ANITA M. REDDY, HCGP FOR R1)
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NC: 2023:KHC-K:8908
CRL.A No. 200163 of 2023
C/W CRL.A No. 200212 of 2023
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14-A
OF SC/ST (PA) ACT, PRAYING TO SET ASIDE THE IMPUGNED
ORDER DATED 24.03.2023 PASSED BY THE II ADDL. DISTRICT
AND SESSIONS JUDGE AT KALABURAGI IN
CRL.MISC.NO.429/2023 AND CONSEQUENTLY BE PLEASED
TO ALLOW THE ABOVE CRIMINAL APPEAL BY ISSUING
DIRECTION TO THE RESPONDENT NO.1 KALAGI POLICE
STATION, DIST. KALABURAGI TO RELEASE THE APPELLANT
ON BAIL IN SPL.C.(ST/ST) NO.09/2023 (CRIME NO.70/2022)
FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 143,
147, 148, 504, 323, 324, 326, 302 AND 201 READ WITH
SECTION 149 IPC AND SECTIIONS 3(1)(r)(s) 2(v) OF SC/ST
ACT, PENDING ON THE FILE OF THE II ADDL. DISTRICT AND
SESSIONS JUDGE AT KALABURAGI, DIST. KALABURAGI.
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The Criminal Appeal No.200163/2023 is filed by the
appellant - accused No.1 under Section 14-A of Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities Act,
1989), for setting aside the order of dismissal of bail
application, by the II Addl. District and Sessions Judge, at
Kalaburagi in Crl.Misc.No.429/2023.
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02. The Criminal Appeal No.200212/2023 is filed by
the appellant - accused No.2 under Section 14-A of
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities Act, 1989), for setting aside the order of
dismissal of bail application, by the II Addl. District and
Sessions Judge, at Kalaburagi in Crl.Misc.No.429/2023.
03. Heard the learned counsel for the appellants
and the learned High Court Government Pleader for the
respondent No.1 - State. The respondent No.2 though
served with the notice, but unrepresented.
04. The case of the prosecution is that on the
complaint of respondent No.2 filed on 16.11.2022, alleging
that his brother the deceased - Anand is said to be staying
in Mumbai. He came to the village for attending the
Maramma Jatra, as his wife also came to the village for
maternity purpose. That on 15.11.2022 at about 09.45
p.m. there was a noise of quarrel taking place near the
Motiraman house and he went to there and saw that about
10 to 12 people assaulting a person and he was lying on
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the ground. Immediately, he took the torch light and saw
that the said person who was fell down was his brother -
Anand. Immediately, he tried to rescue, at that time he
found that accused Nos.1 to 12 including these two
appellants and others assaulted him, punched him and
pushed him out, due to which he also sustained injuries.
Then the accused persons went away. The grand-son of
his brother, Senior uncle - Karna came to there and he has
told that the accused No.2 is said to be stabbed on the
chest of the deceased - Anand and the accused No.1 also
assaulted the deceased along with the others, when he
went there, they have also threatened to him. Therefore,
they ran-away for bringing somebody, by the time they
found that the complainant himself came there.
Thereafter, it is saw that his brother - Anand found dead.
On the complaint the police have registered the FIR, the
appellants were arrested on 18.11.2022 and 29.11.2022
respectively. They are in judicial custody. Their bail
petitions came to be rejected by the Trial Court on
24.03.2023. Hence, the appellants are before this Court.
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05. The learned counsel for the appellants submits
that as per the complaint and the say of the witness -
Karna, the accused No.2 stabbed the deceased - Anand,
whereas in the further statement it was changed and he
has stated that the accused No.1 who was stabbed the
deceased. He further contended that the injury No.6 was
cause for the death and the other injuries are not cause
for the death. They are in judicial custody for more than
one year. The investigation completed long back. The
charge-sheet has been filed. The trial is also begun. There
is a contradiction in the statement of the witnesses.
Hence, prayed for allowing the appeals.
06. Per contra, the learned the learned High Court
Government Pleader seriously objected the appeals
contending that the evidence is already commenced. There
are 03 witnesses CWs.14, 18 and 27. If these appellants
are released on bail, definitely they may tamper the
prosecution witnesses. Therefore, it is contended that both
the appellants have caused stabbed injury which is cause
for death. Hence, prayed for rejecting the appeals.
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07. Having heard the arguments and on perusal of
the records it reveals that off course the complainant -
first informant, he came to through the Karna that the
accused No.2 stabbed on the chest of the deceased -
Anand. In his further statement, he has stated that
accused No.1 stabbed the deceased - Anand. Off course all
the accused persons were present on the spot and they
are assaulting the deceased. There were six injuries
caused to the deceased - Anand, out of which sixth injury
was fatal injury which was knife enter in the liver and due
to which he has died. Off course there is a little
discrepancy in the statement and further statement of the
complainant. However, the CW.14 was the eyewitness,
apart from the CW.1, who was also a injured and came
while almost assault was completed by the accused
persons. However, CW.14 - Karna was the eyewitness,
apart from the CWs.18 and 27 also stated as
eyewitnesses.
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08. The only apprehension of the prosecution is that
now the trial has already begun and now listed for
recording further evidence on 06.12.2023, where the PW.1
was already examined. The cross-examination of PW.1 and
2 were already completed. The other witnesses is said to
be examined and other two eyewitnesses are not yet
completed.
09. Considering the same, off course the evidence
is already commenced, the PW.1 - complainant who is
already examined. The CW.14 is also fully examined.
Another two witnesses are left out for examination. If bail
is granted to these appellants, there is every possibility of
tampering other prosecution witnesses is not ruled out.
Since, the other two witnesses are not related to this
complainant, whereas CW.14 related to the complainant
and the deceased. Therefore, definitely if the bail is
granted to the appellants, there is every chances of
threatening the prosecution witnesses, which his not ruled
out. Therefore, until examination of other two witnesses,
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the appellants are not entitled for bail. The other witnesses
are recovery witnesses of the knife from the accused No.1.
The FSL report also reveals that the cloth of the accused
No.1 was stained with the blood of the deceased apart
from the weapon. Such being the case, there is prima-
facie material against the appellants for having committed
the murder of the deceased. Therefore, the appellants are
not entitled for bail. Accordingly, I proceed to pass the
following;
OR D E R
i. The appeals filed by the appellants are hereby
dismissed.
ii. The Trial Court is directed to conduct the trial as day
to basis.
Sd/-
JUDGE
KJJ
