Karnataka High Court
Shashikumar vs The Stae Of Karnataka on 11 August, 2025
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NC: 2025:KHC-K:4539
CRL.A No. 200220 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 11TH DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MRS JUSTICE M G UMA
CRIMINAL APPEAL NO. 200220 OF 2025 (U/S 14 (A))
BETWEEN:
SHASHIKUMAR S/O RANGAPPA MANAGUR,
AGE:24 YEARS, OCC: AGRICULTURE,
R/O. GANI VILLAGE, TQ. NIDAGUNDI,
DIST. VIJAYAPURA-586 101.
...APPELLANT
(BY SRI SANJAY A. PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA THROUGH,
NIDAGUNDI POLICE STATION, NIDAGUNDI CIRCLE,
Digitally signed by DIST. VIJAYAPURA-586 101, REPRESENTED BY,
RAMESH
MATHAPATI ADDL. SPP HIGH COURT OF KARNATAKA,
Location: HIGH KALABURAGI BENCH-585 103.
COURT OF
KARNATAKA
2. RACHAPPA S/O KALLAPPA KUMBAR,
AGE:41 YEARS, OCC: AGRICULTURE,
R/O. GANI, TQ. NIDAGUNDI,
DIST. VIJAYAPURA-586 101.
...RESPONDENTS
(BY SRI JAMADAR SHAHABUDDIN, HCGP FOR R1;
SRI SHARAVANKUMAR MATH, ADVOCATE FOR R2)
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NC: 2025:KHC-K:4539
CRL.A No. 200220 of 2025
HC-KAR
THIS CRIMINAL APPEAL IS FILED UNDER SECTION
14(2)(A) OF SC/ST (PA) ACT, PRAYING TO SET ASIDE THE
IMPUGNED ORDER DATED 01.04.2025 PASSED IN
CRL.MISC.NO. 393/2025 ON THE FILE OF II ADDL. DISTRICT
AND SESSIONS AND SPECIAL JUDGE VIJAYAPURA BY
ALLOWING THIS APPEAL AND THEREBY ENLARGE THE
APPELLANT/ ACCUSED NO.2 ON BAIL IN CRIME NO.28/2024
REGISTERED BY NIDAGUNDI POLICE STATION, DISTRICT
BIDAR CHARGE SHEETED FOR THE OFFENCES PUNISHABLE
U/SECS. 120-B, 302, 201, R/W 34 OF IPC AND SEC. 3(2)(V) OF
SC/ST (PA) ACT, 2015, PENDING ON THE FILE OF II ADDL.
DISTRICT AND SESSIONS AND SPECIAL JUDGE, VIJAYAPURA.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE M G UMA
ORAL JUDGMENT
(PER: HON'BLE MRS JUSTICE M G UMA)
The appellant-accused No.2 is before this Court
seeking grant of bail under Section 14(2)-A of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 2015 (hereinafter referred to as 'the Act'
for short) in Crime No.28/2024 of Nidagungi Police
Station, Dist: Vijayapura, pending before the learned II
Addl. District and Sessions & Special Judge, Vijayapura in
Crl.Misc.No.393/2025 registered for the offences
NC: 2025:KHC-K:4539
HC-KAR
punishable under Sections 120(B), 302, 201 r/w 34 of IPC
and Section 3(2)(v) of SC/ST (Prevention of Atrocities)
Act, 2015 on the basis of the first information lodged by
informant-Rachappa Kumbar.
2. Heard Sri Sanjay A.Patil, learned Counsel for
the appellant and Sri Jamadar Shahabuddin, learned High
Court Government Pleader for the respondent No.1-State
and Sri Shravankumar Math, leaned counsel for the
respondent No.2. Perused the materials on record.
3. In view of the rival contentions urged by the
learned counsel for both the parties, the point that would
arise for my consideration is:
"Whether the appellant is entitled for
grant of bail under Section 14-A of SC/ST
(Prevention of Atrocities) Act, 2015?"
4. My answer to the above point is in 'Affirmative'
for the following:
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HC-KAR
REASONS
5. The first information came to be filed against
unknown persons regarding the commission of offences
registered under Sections 302, 201 r/w 34 of IPC and
Section 3(2)(v) of SC/ST (Prevention of Atrocities) Act,
2015. During investigation, accused Nos.1 to 3 were
apprehended. After investigation, charge sheet came to be
filed for the above said offences. As per column No.17 of
the charge sheet, it is the specific allegation made against
accused No.1 that, he was having the motive to cause the
death of both the deceased. He conspired with accused
Nos.2 and 3 made preparations and assaulted deceased
Somaningappa with an axe, as a result of which he died.
In the meantime, accused Nos.2 and 3 have assaulted the
deceased Parvatavva with an iron pipe which resulted in
her death. The alleged illicit relationship of the deceased
Parvatavva-the mother of accused No.1 with the deceased
Somaningappa is said to be the motive for accused No1 to
cause their death.
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HC-KAR
6. It is brought to the notice of the Court that the
accused Nos.1 and 3 have approached this Court seeking
grant of bail in Criminal Petition No.200723/2025 and
Criminal Appeal No.200017/2025. Both the petition and
appeal came to be allowed vide orders dated 08.05.2025
and 01.02.2025 respectively. When serious allegations are
made against accused No.1 for having motive to cause the
death of the deceased and similar allegations are made
against all the accused for having inflicted fatal injuries to
the deceased, I do not find any reason to reject the claim
of the appellant for grant of bail. Admittedly, the appellant
is not having any criminal antecedents, reasonable
conditions may be imposed by enlarging the accused on
bail by extending the benefit of parity. Therefore, I am of
the opinion, that the appellant may be granted bail subject
to conditions which will take care of the interest of the
prosecution as well as interest of the complainant and the
witnesses.
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HC-KAR
7. Accordingly, I answer the above point in the
affirmative and proceed to pass the following:
ORDER
The appeal is allowed.
The appellant is are ordered to be enlarged on bail in
Crime No.28/2024 of Nidagundi Police Station, Dist:
Vijayapur on obtaining the bond in a sum of Rs.2,00,000/-
(Rupees Two Lakhs only) with two sureties for the likesum
to the satisfaction of the jurisdictional Court, subject to the
following conditions:
a). The appellant shall not commit similar
offences.
b). The appellant shall not threaten or tamper
with the prosecution witnesses.
c). The appellant shall appear before the
Court as and when required.
d). If in case, the appellant violates any of
the conditions as stated above, the
prosecution will be at liberty to move the
Trial Court seeking cancellation of bail.
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HC-KAR
On furnishing the sureties by the
appellant, the Trial Court is at liberty to direct
the Investigating Officer to verify the
correctness of the address and authenticity of
the documents furnished by the appellant and
the sureties and a report may be called for in
that regard, which is to be submitted by the
Investigating Officer within 5 days. The Trial
Court on satisfaction, may proceed to accept the
sureties for the purpose of releasing the
appellant on bail.
Sd/-
(M G UMA)
JUDGE
MSR
CT:PK
