Karnataka High Court
Yogisha Alias D. Yogisha S/O. D. ... vs The State Of Karnataka on 1 August, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2025:KHC-D:9521
CRL.A No. 100394 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 1ST DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY
CRIMINAL APPEAL NO. 100394 OF 2025
(U/S 14 A(2) OF SC AND ST ACT)
BETWEEN:
YOGISHA @ D. YOGISHA S/O. D. DYAMAPPA,
AGE: 26 YEARS, R/O: KANAVI VILLAGE,
TQ: HARAPANAHALLI, DIST: VIJAYANAGARA.
... APPELLANT
(BY SRI. J.S. SHETTY, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
BY HADAGALI P.S. AUTHORITIES,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA, DHARWAD.
2. SMT DURUGAMMA W/O. LATE IRAPPA,
AGE: 45 YEARS, R/O: HONNANAYAKANAHALLI VILLAGE,
TQ: HUVINA HADAGALI, DIST: VIJAYANAGARA.
... RESPONDENTS
RAKESH (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1;
S SRI. HARSHWARDHAN M. PATIL, ADVOCATE FOR R2)
HARIHAR
Digitally signed by
RAKESH S HARIHAR
THIS CRIMINAL APPEAL IS FILED UNDER SECTION14A(2) OF
Location: HIGH
COURT OF
KARNATAKA
SC AND ST (POA) ACT, PRAYS THAT ORDER DATED 03.06.2025,
DHARWAD BENCH
DHARWAD PASSED BY THE ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-I,
BALLARI, IN SPECIAL CASE NO.169/2025, ON THE APPLICATION
FILED BY THE PETITIONER BE SET ASIDE AND HE BE RELEASED ON
REGULAR BAIL, IN SPL. C. NO.169/2025 HADAGALI P.S. IN CRIME
NO.169/2024 FILED AGAINST APPELLANT/ACCUSED NO.2, FOR THE
OFFENCE PUNISHABLE UNDER SECTIONS 103, 70(1), 54, 61, 238
R/W SECTION 3(5) OF THE BNS ACT, AND UNDER SECTION 3(2)(V)
OF THE SCHEDULED CASTE AND SCHEDULED TRIBES (PREVENTION
OF ATROCITIES) ACT, BY ALLOWING THIS CRIMINAL APPEAL, IN THE
ENDS OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT
IS DELIVERED THEREIN AS UNDER:
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CRL.A No. 100394 of 2025
HC-KAR
ORAL ORDER
(PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY)
Accused No.2 in Special Case No.169/2025, pending
before the Court of Additional District and Sessions Judge,
FTSC I, Ballari, arising out of Crime No.169/2024
registered for offences punishable under Sections 103,
70(1), 54, 61, 238 read with Section 3(5) of Bharatiya
Nyaya Sanhita, 2023 and Section 3(2)(v) of the Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act,
1989, is before this Court in this appeal filed under Section
14A(2) of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989, seeking regular bail.
2. Heard the learned counsel for the parties.
3. FIR in Crime.169/2024 was registered by
Hadagali Police Station, Vijayanagara initially for offences
punishable under Sections 103 read with Section 3(5) of
Bharatiya Nyaya Sanhita, 2023 and Sections 3(2)(v) of the
Scheduled Castes and Scheduled Tribes (Prevention of
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Atrocities) Act, 1989 against accused Nos.1 and 2, based
on the first information dated 27.12.2024 received from
Smt. Durugamma, who is the sister of deceased Uramma
@ Sudha. During the course of investigation of the case,
appellant here was arrested on 28.12.2024 and
subsequently remanded to judicial custody. After
completing investigation, charge sheet has been filed
against three persons. Appellant is arrayed as accused
No.2 in the charge sheet. His bail application filed before
the Trial Court in Special Case No.169/2025 was rejected.
Therefore, this appellant is before this Court.
4. Learned counsel for the appellant has reiterated
the grounds in the appeal memorandum, has prayed to
allow the appeal.
5. Per contra, learned HCGP and learned counsel
for the respondent No.2 have opposed the prayer made in
the appeal. They submit that there are strong
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circumstances connecting the appellant to the crime.
Accordingly, they prayed to dismiss the appeal.
6. Perusal of the material on record would go to
show that FIR in Crime No.155/2024 was initially
registered by Hadagali Police Station after a missing
complaint was filed by the first informant in the present
case alleging that her sister Uramma @ Sudha was found
missing from 09.11.2024 onwards. Subsequently the dead
body of Uramma @ Sudha was traced and thereafter, FIR
in Crime No.169/2024 was registered by Hadagali Police
Station, Vijayanagara for offences punishable under
Sections 103 read with Section 3(5) of Bharatiya Nyaya
Sanhita, 2023 and Section 3(2)(v) of the Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act,
1989 against Nos.1 and 2. Since the first informant
suspected the hand of the said accused in the death of her
sister, during the course of investigation, appellant
hereinafter who was arrayed as accused No.2 in the FIR
was arrested on 28.12.2024. After completing
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investigation, charge sheet has been filed against three
persons. In the charge sheet, it is alleged that accused
Nos.1 and 2 had illicit relationship with deceased Uramma
@ Sudha. Subsequently, accused Nos.1 to 3 got married
and thereafter, they did not intend to continue their illicit
relationship with deceased Uramma @ Sudha. Deceased
allegedly insisted for continuation of the illicit relationship
and threatened that otherwise she will inform the same to
the relatives of the accused and also the villagers. It is
under the circumstances accused Nos.1 to 3 conspired to
commit the murder of the deceased and in furtherance of
such a conspiracy on 09.11.2024, accused Nos.1 and 2
had strangulated the neck of deceased and committed her
murder and thereafter, her dead body was disposed off
and accused Nos.1 and 2 had informed accused No.3
about the murder of the deceased committed by them.
The dead body of deceased was recovered on 27.12.2024
and thereafter, the FIR was registered against accused
Nos.1 and 2 solely on the basis of suspicion that first
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informant was against them. The entire case of the
prosecution is based on circumstantial evidence.
Investigation of the case is completed. Appellant has no
other criminal antecedent. Material on record would go to
show that he is a married man having family. Accused
No.3 has been enlarged on bail in the present case and
accused No.1 is said to be in custody. The Trial Court is
said to commence the trial. Under the circumstances, I am
of the view that without expressing any opinion on the
merits and demerits of the case, prayer made by the
appellant for grant of regular bail needs to be answered
affirmatively. Accordingly, the following:
ORDER
Criminal Appeal is allowed.
The order dated 03.06.2025 passed by the Court in
Special Case No.169/2025 rejecting the regular bail
application of accused No.2 - appellant is set aside and
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HC-KAR
the accused No.2 - appellant is directed to be enlarged on
bail in Special Case No.169/2025, pending before the
Court of Principal District and Sessions Judge, FTSC 1,
Ballari, arising out of Crime No.169/2024 registered for
offences punishable under Sections 103, 70(1), 54, 61,
238 read with Section 3(5) of Bharatiya Nyaya Sanhita,
2023 and Section 3(2)(v) of the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989,
subject to the following conditions:
i. The appellant shall execute personal bond for
a sum of Rs.1,00,000/- with two sureties for
the like sum to the satisfaction of the
jurisdictional Court;
ii. The appellant shall appear regularly on all the
dates of hearing before the Trial Court unless
the Trial Court exempts his appearance for
valid reasons;
iii. The appellant shall not directly or indirectly
threaten or tamper with the prosecution
witnesses;
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HC-KAR
iv. The appellant shall not involve in similar
offences in future.
v. The appellant shall not leave the jurisdiction of
the Trial Court without permission of the said
Court until the case registered against him is
disposed off.
Sd/-
(S.VISHWAJITH SHETTY)
RSH
CT:BCK
