Karnataka High Court
Mallanna vs Siddu And Ors on 7 November, 2024
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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NC: 2024:KHC-K:8146
CRL.A No. 200260 of 2024
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 7TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL APPEAL NO. 200260 OF 2024 (U/S 14 (A)
BETWEEN:
MALLANNA S/O BASANNA CHAKRA,
AGE: 50 YEARS, OCC: AGRICULTURE,
R/O SAGANOOR VILLAGE, TQ: AFZALPUR,
DIST: KALABURAGI - 585107.
...APPELLANT
(BY SRI ASHOK B. MULAGE, ADV.)
AND:
1. SIDDU S/O GALAPPA WADDAR
AGE: 19 YEARS, OCC: STUDENT
R/O SAGANOOR VILLAGE,
Digitally signed
by KHAJAAMEEN TQ: AFZALPUR, DIST: KALABURAGI - 585107.
L MALAGHAN
Location: HIGH 2. KAMALAKAR S/O SHANKAR KARANINGOL
COURT OF
KARNATAKA AGE: 42 YEARS, OCC: PANSHOP
R/O SAGANOOR VILLAGE,
TQ: AFZALPUR, DIST: KALABURAGI - 585107.
3. SACHIN S/O BASAVALINGAPPA NAIKODI
AGE: 30 YEARS,
OCC: WORKING IN TRACTOR SHOW ROOM
R/O SAGANOOR VILLAGE,
TQ: AFZALPUR, DIST: KALABURAGI - 585107.
4. THE STATE OF KARNATAKA
THROUGH DEVAL GANGAGAPUR POLICE STATION
TQ: AFZALPUR, DIST: KALABURAGI.
-2-
NC: 2024:KHC-K:8146
CRL.A No. 200260 of 2024
REPRESENTED BY ADDL. SPP,
HIGH COURT OF KARNATAKA,
KALABURAGI - 585107.
...RESPONDENTS
(BY SRI RAVI B. CHAWAN, ADV. FOR R1;
SRI M.A. JAGIRDAR, ADV. FOR R2 & R3;
SMT. ANITA M. REDDY, HCGP FOR R4)
THIS CRIMINAL APPEAL IS FILED U/SEC.14(A)(2) OF
SC/ST (POA) ACT, PRAYING TO ALLOW THE APPEAL AND SET
ASIDE THE ORDER PASSED BY THE II ADDL. SESSIONS JUDGE
AND SPECIAL JUDGE AT KALABURAGI, DATED 19.07.2024 IN
SPL. CASE (SC/ST) NO.36/2024 IN CRIME NO.13/2024 DEVALA
GANAGAPUR PS OFFENCES PUNISHABLE U/SECS. 120(B), 109,
212, 302, R/W 149 OF IPC AND SEC.3(1)(r)(2)(v) OF SC/ST PA
ACT 1989 AND 25(1A), 27(3) INDIAN ARMS ACT GRANTING
BAIL TO ACCUSED NO.5 TO 7/RESPONDENT NO.1 TO 3 BY
REJECTING THE BAIL APPLICATION AND DIRECT THE TRIAL
COURT TO SECURE THE RESPONDENT NO.1 TO 3/ACCUSED
NO.5 TO 7 JUDICIAL CUSTODY.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ
ORAL JUDGMENT
Complainant, namely the brother of deceased by
name Girish Babu Chakra has preferred this appeal,
aggrieved by the order passed by the learned Sessions
Judge granting bail to respondent Nos.1 to 3/accused
NC: 2024:KHC-K:8146
Nos.5 to 7, in Crime No.13/2024 registered at
Devalaganagapur Police Station, Kalaburagi.
2. The incident took place on 29.02.2024 at about
11 to 11.30 p.m. in the field of one Santosh S/o
Hanumantaraya Gadagi of Umarga village. It is the case
of prosecution that accused No.1 was in love with CW-49 -
Kumari Vijayalaxmi. Deceased, uncle of Kumari
Vijayalaxmi had warned accused No.1 not to have any
relationship with her and also assaulted him. Hence,
accused No.1 was grinding an axe against him. He
conspired with other accused persons to commit the
murder of Girish Babu Chakra and for this the present
petitioners - accused Nos.5 to 7 are alleged to have given
suprari to the hired killers. In furtherance of the
conspiracy hatched, accused Nos.1 to 4 on 29.02.2024
between 11 p.m. and 11.30 p.m. committed the murder of
Girish Babu Chakra by assaulting him with deadly
weapons, all over his body.
NC: 2024:KHC-K:8146
3. Accused No.5 was arrested on 07.03.2024 and
accused Nos.6 and 7 were arrested on 20.03.2024. The
learned Sessions Judge, vide order dated 19.07.2024,
enlarged them on bail by imposing conditions.
4. Learned counsel for the appellant has
contended that the offence being serious in nature, the
learned Sessions Judge was not proper in enlarging
accused Nos.5 to 7 on bail. He contended that accused
have indiscriminately assaulted the deceased with
weapons like talwar and in view of the nature and gravity
of the offence, the bail granted to them is liable to be
cancelled. He contended that in view of grant of bail to
the respondents, witnesses are apprehending threat from
them and therefore, sought to cancel their bail.
5. I have perused the material on record. The
allegations against the respondents arraigned as accused
Nos.5 to 7 in the charge sheet are that they have
conspired with accused No.1 to commit the murder and
also paid supari. The said allegations have to be proved
NC: 2024:KHC-K:8146
during trial. There are no overt acts of assaulting the
deceased. The FIR was registered against accused No.1
and three others. It is the specific case of the prosecution
that accused Nos.1 to 4 have assaulted the deceased with
talwar and other weapons. The learned Sessions Judge,
while granting bail to accused Nos.5 to 7, has observed
that they were implicated on the voluntary statements of
co-accused and their name does not find a place in the
FIR. Further, they were not present at the spot when the
alleged crime was committed by accused Nos.1 to 4.
6. The learned Sessions Judge has imposed
several conditions while enlarging the respondents on bail.
It is not the case of the appellant that any of those
conditions are violated. The bail already granted cannot
be cancelled unless compelling grounds are made out.
7. The complainant is at liberty to move for
cancellation of bail if the respondents violate any of the
conditions imposed by the learned Sessions Judge while
enlarging them on bail.
NC: 2024:KHC-K:8146
With the above observation, the appeal is dismissed.
Sd/-
(MOHAMMAD NAWAZ)
JUDGE
SWK
CT:PS
