Karnataka High Court
Basavaraj vs The State Of Karnataka And Anr on 1 February, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2025:KHC-K:722
CRL.A No. 200017 of 2025
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 1ST DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL APPEAL NO. 200017 OF 2025 (U/S 14 (A))
BETWEEN:
BASAVARAJ S/O. SADDAPPA HADAPAD,
AGE: 24 YEARS, OCC: COOLIE,
R/O. GANI, TQ NIDAGUNDI,
DIST. VIJAYAPURA-586101.
...APPELLANT
(BY SRI SANJAY A. PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA THROUGH,
NIDAGUNDI POLICE STATION, NIDAGUNDI CIRCLE,
DIST. VIJAYAPURA-586101.
Digitally signed
by SHIVAKUMAR REPRESENTED BY ADDL. SPP,
HIREMATH HIGH COURT OF KARNATAKA,
Location: HIGH KALABURAGI BENCH-585103.
COURT OF
KARNATAKA
2. RACHAPPA S/O. KALLAPPA KUMBAR,
AGE: 41 YEARS, OCC: AGRICULTURE,
R/O. GANI, TQ NIDAGUNDI,
DIST. VIJAYAPURA-586101.
...RESPONDENTS
(BY SMT. MAYA T.R., HCGP FOR R1
R2 SERVED)
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NC: 2025:KHC-K:722
CRL.A No. 200017 of 2025
THIS CRL.A IS FILED U/SEC. 14-A (2) OF SC/ST (PA)
ACT, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED
17.12.2024 PASSED IN CRL MISC NO. 1765/2024 ON THE FILE
OF II ADDL. DISTRICT AND SESSIONS AND SPECIAL JUDGE
VIJAYAPURA BY ALLOWING THIS APPEAL AND THEREBY
ENLARGE THE APPELLANT/ACCUSED NO. 3 ON BAIL IN CRIME
NO. 28/2024 REGISTERED BY NIDAGUNDI POLICE STATION,
DISTRICT VIJAYAPURA, 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 MR. JUSTICE S.VISHWAJITH SHETTY
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)
1. Accused No.3 in Crime No.28/2024 registered by
Nidagundi Police Station, Vijayapura for offences
punishable under Section 120-B, 302, 201 r/w 34 of IPC
and Section 3(2)(V) of SC/ST (POA) Act, 2015, is before
this Court in this appeal filed under Section 14(A)(2) of
SC/ST POA Act, assailing the order dated 17.12.2024
passed by the II Addl. District & Sessions and Special
Judge, Vijayapura in Crl.Misc.No.1765/2024.
NC: 2025:KHC-K:722
2. Heard learned counsel for the appellant and learned
High Court Government Pleader for respondent No.1.
3. Respondent No.2 - de facto complainant who is
served in the matter has remained unrepresented by
before this Court.
4. FIR in Crime No.28/2024 was registered by
Nidagundi Police Station, Vijayapura, initially for offence
punishable under Section 302 of IPC against unknown
person on the basis of first information received from
Rachappa who is the brother of deceased Somaningappa.
5. During the course of investigation of the case,
appellant herein was arrested on 23.03.2024 and
subsequently remanded to judicial custody. Investigation
of the case is completed and charge sheet has been filed
against 3 persons for the aforesaid offences and the
appellant herein is arrayed as accused No.3 in the charge
sheet. Bail application filed by the appellant before the
jurisdictional Sessions Court in Crl.Misc.No.1765/2024 was
NC: 2025:KHC-K:722
rejected on 17.12.2024. Assailing the said order, he is
before this Court.
6. Learned counsel for the appellant submits that
appellant who is the youngster having no criminal
antecedent is in custody for last more than 10 months.
Entire case of the prosecution is based on circumstantial
evidence. Accordingly, he prays to allow the appeal.
7. Per contra, learned High Court Government Pleader
has opposed the prayer made in the appeal. There are
sufficient material to connect the accused to the crime and
accused were seen together immediately prior to they
committing the murder. Accused No.1 had a strong
motive to commit the murder. Accordingly, she prays to
dismiss the appeal.
8. FIR in the present case was initially registered for the
offence punishable under Section 302 of IPC against
unknown persons on the basis of first information received
from Rachappa who is the brother of deceased
NC: 2025:KHC-K:722
Somaningappa. During the course of investigation,
accused Nos.1 to 3 were arrested. Investigation of the
case is completed and the charge sheet has been filed.
9. As per the charge sheet allegations, deceased
Somaningappa had illicit relationship with
Smt.Parvathavva who is the mother of accused No.1.
Because of the said illicit relationship between Parvathavva
and Somaningappa, the marriage proposal of the younger
sister of accused No.1 had failed and accused No.1 was
finding it difficult to get proposals for the marriage of his
younger sister. It is in this background, accused No.1
allegedly conspired with accused Nos.2 & 3 who are his
friends to commit the murder of his mother Parvathavva
and her paramour Somaningappa. In furtherance of such
conspiracy, on 18.03.2024, accused No.1 allegedly picked
up his mother Parvathavva and Somaningappa in his
motor bike and when they reached the spot of crime, he
allegedly made deceased fall on the ground and accused
Nos.2 & 3 who were waiting near the spot of crime
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assaulted Parvathavva and Somaningappa with deadly
weapons and thereafter even accused No.1 had joined
accused Nos.2 & 3 and all the accused together assaulted
Parvathavva and Somaningappa with deadly weapons and
committed their murder.
10. The entire case of the prosecution is based on
circumstantial evidence. Undisputedly, appellant had no
other criminal antecedent and he is in custody for the last
10 months. Trial in the case is yet to commence.
Investigation of the case is completed and charge sheet is
already filed. Accused Nos.1 & 2 are said to be in custody.
11. Under the circumstances, I am of the opinion that,
the learned Sessions Judge was not justified in rejecting
the bail application of the appellant. Accordingly, the
following order:
ORDER
The criminal appeal is allowed.
NC: 2025:KHC-K:722
The order dated 17.12.2024 passed by the II Addl.
District & Sessions and Special Judge, Vijayapura in
Crl.Misc.No.1765/2024, is set aside.
The appellant is directed to be enlarged on bail in
Crime No.28/2024 registered by Nidagundi Police Station,
Vijayapura for offences punishable under Section 120-B,
302, 201 r/w 34 of IPC and Section 3(2)(V) of SC/ST
(POA) Act, 2015 pending before the court of II Addl.
District & Sessions and Special Judge, Vijayapura in
Crl.Misc.No.1765/2024, subject to the following
conditions:
a) The appellant shall execute personal bond for a
sum of Rs.1,00,000/- with two sureties for the
likesum, to the satisfaction of the jurisdictional
Court;
b) 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;
NC: 2025:KHC-K:722
c) The appellant shall not directly or indirectly
threaten or tamper with the prosecution
witnesses;
d) The appellant shall not involve in similar offences
in future;
e) 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)
JUDGE
DHA
CT:PK
