Karnataka High Court
Gururaj vs The State Of Karnataka on 18 August, 2025
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CRL.A No. 200240 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 18TH DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MRS JUSTICE M G UMA
CRIMINAL APPEAL NO.200240 OF 2025 (U/S 14 (A)(2))
BETWEEN:
GURURAJ S/O SHIVAPUTRAPPA ALURE,
AGED ABOUT 22 YEARS,
OCC: APPOINTED AS JUNIOR POWERMAN IN
MANGALORE ELECTRICITY SUPPLY COMPANY LTD.,
R/O. MADAN HIPPARGA VILLAGE,
TQ. ALAND, DIST.KALABURAGI.
...APPELLANT
(BY SRI RAJESH DODDAMANI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
Digitally signed by
SUMITRA ALAND POLICE STATION, ALAND,
SHERIGAR NOW REPRESENTED BY,
Location: HIGH THE ADDITIONAL STATE PUBLIC PROSECUTOR,
COURT OF
KARNATAKA HIGH COURT OF KARNATAKA,
KALABURAGI BENCH-585 102.
2. LOKESH S/O NAGINDRAPPA RAMAN,
AGE:25 YEARS, OCC: DRIVER,
R/O. LAD MUGALI VILLAGE,
TQ. ALAND, DIST.KALABURAGI-585 316.
...RESPONDENTS
(BY SRI GOPALKRISHNA B. YADAV, HCGP FOR R1;
R2 SERVED)
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CRL.A No. 200240 of 2025
HC-KAR
THIS CRIMINAL APPEAL IS FILED UNDER SECTION
14-A (2) OF SC/ST (PA) ACT, PRAYING TO SET ASIDE THE
ORDER DATED 19.07.2025 PASSED BY THE HON'BLE II
ADDITIONAL DISTRICT AND SESSIONS JUDGE, KALABURAGI
PASSED IN CRL.MISC.NO.1085/2025 AND CONSEQUENTLY
ENLARGE THE APPELLANT/ A-5 (AS PER REMAND SHEET) ON
BAIL IN CONNECTION WITH CRIME NO.148/2025 OF ALAND
POLICE STATION REGISTERED FOR THE OFFENCES UNDER
SECTIONS OFFENCES PUNISHABLE UNDER SECTIONS 189(2),
191(2), 191(3), 118(1), 118(2), 103, 352, 324(4), 351(2)
READ WITH 190 OF BHARATIYA NYAYA SANHITA 2023 AND
SECTIONS 3(1)(r)(s), 3(2)(v) OF SCHEDULED CASTES AND
SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT NOW
PENDING ON THE FILE OF HON'BLE II ADDITIONAL DISTRICT
AND SESSIONS JUDGE KALABURAGI IN CRIME NO.148/2025
ALAND P.S.
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 being accused No.10, as per final
report filed in Crime No.148/2025 of Aland Police Station,
Kalaburagi district, within the jurisdiction of learned II
Additional District and Sessions Judge, Kalaburagi,
registered for the offences punishable under Sections
189(2), 191(2), 191(3), 118(1), 118(2), , 61(2), 55, 103,
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352, 324(4), 351(2) read with Section 190 of Bharatiya
Nyaya Sanhita, 2023 (for short 'BNS, 2023') and under
Sections 3(1)(r)(s) and 2(v) of the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for
short 'SC/ST (POA) Act'), is seeking grant of regular bail.
2. Heard Sri Rajesh Doddamani, learned Counsel
for the appellant and Sri Gopalkrishna B. Yadav, learned
High Court Government Pleader for respondent No.1 -
State. Respondent No.2 though served with the notice,
has remained un-represented. 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?
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My answer to the above point is in the 'Affirmative'
for the following:
REASONS
4. The informant being the father-in-law of the
deceased lodged first information against accused Nos.1 to
3 for having caused the death of the deceased and
assaulting the eyewitnesses. During investigation, this
appellant was apprehended, arraying him as accused No.5.
Now the investigation is completed and charge sheet came
to be filed and the appellant is arrayed as accused No.10.
As per column No.17 of the charge sheet, it was accused
Nos.1 to 5, with common intention to cause the death of
deceased, assaulted him with club, as a result of which, he
died on the spot. Accused Nos.1 to 3 have assaulted
CW.14 with the same weapon and caused injuries to him.
Thereafter, accused Nos.6 to 10 came to the spot,
conspired with accused No.1 and all the accused have fled
from the spot. It is stated that CW.1, CW.4 to CW.19 are
the eyewitnesses to the incident.
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5. As per charge sheet, it is only accused Nos.1 to
5, who are the assailants who caused the death of the
deceased and caused injuries to the eyewitnesses. No
such overt-act is alleged against the present appellant,
who is arrayed as accused No.10 in the charge sheet.
Although the appellant is a party to the conspiracy, it is
not the contention of the prosecution that he is having any
criminal antecedents. Considering all these facts and
circumstances, I am of the opinion that the appellant is
not required to be detained in custody for any purpose and
the same would amount to infringement of his right to life
and liberty. Reasonable conditions may be imposed while
enlarging the appellant on bail, which will take care of the
interest of the prosecution including the interest of the
complainant and the witnesses. Accordingly, I answer the
above point in the affirmative and proceed to pass the
following:
ORDER
i) The appeal is allowed.
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ii) The appellant is ordered to be enlarged on bail
in Crime No.148/2025 of Aland Police Station, Kalaburagi
District, now pending on the file of learned II Additional
District and Sessions Judge, Kalaburagi, 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.
iii) 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.
iv) On furnishing the sureties by the appellant, the
Trial Court is at liberty to direct the Investigating Officer to
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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
SRT
CT:PK
