Karnataka High Court

Kallappa vs The State Of Karnataka And Anr on 25 July, 2024

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                                                         NC: 2024:KHC-K:5385
                                                    CRL.A No. 200307 of 2023




                          IN THE HIGH COURT OF KARNATAKA,

                                  KALABURAGI BENCH

                        DATED THIS THE 25TH DAY OF JULY, 2024

                                         BEFORE
                     THE HON'BLE MR. JUSTICE VENKATESH NAIK T
                        CRIMINAL APPEAL NO. 200307 OF 2023

             BETWEEN:

             KALLAPPA S/O. BASAPPA SINDAGI,
             AGE. 36 YEARS, OCCUPATION COOLIE,
             R/O. HIVEMASALI, TALUKA INDI AND DISTRICT
             VIJAYAPURA-586209. PRESENT ADDRESS NEAR GATE
             OF VAJRA HANUMAN NAGAR.
                                                                  ...APPELLANT
             (BY SRI. MOINAKHTAR NADAF, ADVOCATE)
             AND:

             1.   THE STATE OF KARNATAKA,
                  THROUGH THE PSI, JALANAGAR PS, VIJAYAPURA,
                  REPRESENTED BY THE ADDL. SPP, HIGH COURT OF
                  KARNATAKA, KALABURAGI BENCH-585107.

             2.   NEELAVVA W/O. HANAMAPPA CHALAVADI,
                  AGE. 57 YEARS, OCCUPATION COOLIE,
                  R/O. NEBAGERI, TQ: MUDDEBIHAL,
                  DIST: VIJAYAPURA-586212.
Digitally
signed by                                                      ...RESPONDENTS
MANJANNA E   (BY SRI. F. M. INAMDAR, HCGP FOR R1;
Location:        NOTICE TO R2 SERVED)
HIGH COURT
OF                 THIS CRIMINAL APPEAL IS FILED U/SEC. 14(A) (2) OF SC AND ST
KARNATAKA    (PREVENTION OF ATRACTIES) ACT, 1989, PRAYING TO ALLOW THIS
             PETITION AND ENLARGE THE PETITIONER/A1 ON BAIL IN JALANAGAR
             PS CRIME NO.78/2022 VIJAYAPUR REGISTERED AGAINST THE
             APPELLANT/ACCUSED FOR THE OFFENCES U/S.302, OF IPC AND 3(2)
             (V) OF SC/ST ACT 2015 WHICH IS PENDING BEFORE II ADDL. DISTRICT
             AND SESSIONS AND SPECIAL JUDGE, VIJAYAPUR, IN SPL.C.SC.ST ACT
             3/2023 BY IMPOSING ANY CONDITIONS THAT THIS HON'BLE COURT
             DEEMS FIT AND SET ASIDE THE ORDER DATED 15/07/2023 IN
             CRI.MISC.NO.1001/2023 PASSED BY II ADDL. DIST. AND SESSION AND
             SPL. JUDGE, VIJAYPUR.

                  THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT
             WAS DELIVERED THEREIN AS UNDER:
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                                               NC: 2024:KHC-K:5385
                                       CRL.A No. 200307 of 2023




                          JUDGMENT

1. Heard learned counsel for the appellant and

learned High Court Government Pleader for respondent

No.1-State.

2. The appellant has filed this appeal under

Section 14(A) of the Scheduled Castes and the Scheduled

Tribes (Prevention of Atrocities) Act, 1989 (for short, ''the

SC/ST Act').

3. For the sake of convenience, the parties are

referred to as per their rank referred to before trial Court.

The appellant is accused No.1, respondent No.1 is

complainant-State and respondent No.2-defacto

complainant.

4. Brief facts of the prosecution case is as under:

Accused and deceased came into contact when they

were working at Udapi Aman Hotel near Devarhippargi bus

stand. They developed friendly relationship with each

other. Hence, accused No.1 handed over one Samsung

phone with Airtel Sim card which was standing in the

NC: 2024:KHC-K:5385

name of accused. They worked for some time in the Udapi

Aman Hotel and deceased started working at Delhi Darbar

Dhaba near Vijayapur. Thereafter, accused also left job

and joined some other Hotel in Vijayapur. The deceased

started avoiding phone calls of accused. When he being

approached, she stated to have demanded the money or

else she would continue her connection with some other

person. Hence, he enraged with the attitude of deceased,

he called her to the spot and there he committed murder

by a bricks stones. Hence, the first informant lodged the

complaint. This led to registration of FIR and investigation.

5. During the course of investigation i.e. on

14.11.2022, accused was arrested and his voluntary

statement was recorded. Pursuant to the voluntary

statement of accused, recoveries of a nighty dupatta, shirt

and bricks stone were recovered. After completion of trial,

Investigating Officer has filed charge sheet against the

accused for the offence punishable under Section 302 of

Indian Penal Code (for short, 'the IPC') and Section

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3(2)(V) of the Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Amendment Act, 2015 (for short,

'the SC/ST Act'). Hence, the accused filed bail application

before the trial Court, in turn, the trial Court rejected the

bail application of accused vide order dated 15.07.2023.

being aggrieved by the same, the accused filed this

appeal.

6. Learned counsel for the appellant contended

that the case is based on circumstantial evidence. There

are no eye witnesses to the incident. Accused was arrested

on 14.11.2022, but, till date, none of the prosecution

witnesses are examined. Thus, accused is unnecessarily

languished in the Jail. Hence, he prayed to grant bail.

7. Learned High Court Government Pleader filed

statement of objections contending that there is prima

facie material against accused. The trial Court framed

charge and matter is set down for trial. As per the Forensic

Science Laboratory (for short, 'the FSL') report, there is a

presence of O' Group blood on all articles including the

NC: 2024:KHC-K:5385

clothes of accused. If accused is released on bail, he may

tamper with the prosecution witnesses and hamper the

trial. Hence, he prayed to reject the appeal.

8. Perused the materials available on record.

9. As per the materials available on record,

accused and deceased were working at Udapi Aman Hotel,

they developed friendly relationship. Ultimately, had illicit

relationship. The deceased left Udapi Aman Hotel and was

working in Delhi Darbar Dhaba at Vijayapur and avoid

relationship with accused. Being enraged with the behavior

of the deceased, he called her to the spot and there he

committed murder with bricks stones.

10. From perusal of the post mortem report, the

death is due to asphyxia secondary to manual

strangulation. As per the opinion of the doctor dated

21.11.2022, the injuries could be caused by the weapons

used by the accused. As per the FSL report, dated

02.12.2022, the Investigating Officer collected nighty

dupatta, shirt and bricks stone. During the course of

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investigation, at the instance of accused, same were

subjected to chemical examination. As per the opinion of

the chemical examiner/expert, blood stains were detected

in articles Nos.1 to 4 and Article Nos.1 to 4 were stained

with human blood with 'O' Group blood. It shows that,

there is prima facie allegation against accused and his

involvement in the case.

11. It is well established principles of law that,

while considering the bail application this Court has to

consider the nature of offences, circumstances in which

the offence is committed, position and status of the

appellant with reference to the victim and witnesses,

likelihood of fleeing away from justice and repeating same

offence by the appellant, tampering witnesses, character

and antecedents of accused. The Court has considered all

these aspects.

12. Further the law is well settled that while

disposing bail petition this Court cannot scan the entire

prosecution papers and hold a mini trial.

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13. Keeping all these factors in mind and on careful

perusal of the entire materials placed on record, this Court

is of the view that, the accused is not entitled to grant of

bail.

14. Accordingly, I proceed to pass the following:

ORDER

The appeal filed by the appellant under Section 14(A)

of the Scheduled Castes and the Scheduled Tribes

(Prevention of Atrocities) Act, is hereby dismissed.