Karnataka High Court
Altaf vs The State Of Karnataka And Anr on 5 February, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2025:KHC-K:818
CRL.A No. 200302 of 2024
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 5TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL APPEAL NO. 200302 OF 2024 (U/S 14 (A))
BETWEEN:
SRI ALTAF S/O AMEENSAB MANAGULI,
AGED ABOUT 23 YEARS, OCC: COOLIE,
R/O. SHAHPETI GALLI, VIJAYAPUR - 586 101.
...APPELLANT
(BY SRI S. S. MAMADAPUR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THROUGH PSI, GANDHI CHOWK POLICE STATION,
DIST. VIJAYAPUR,
Digitally signed BY ADDL. STATE PUBLIC PROSECUTOR,
by SHIVAKUMAR
HIREMATH ADVOCATE GENERAL'S OFFICE,
Location: HIGH HIGH COURT BUILDING,
COURT OF KALABURAGI - 585 103.
KARNATAKA
2. SRI SRINIVAS @ KALYANI
S/O BHEEMU NAYAK,
AGED ABOUT 37 YEARS, OCC: SUPERVISOR,
R/O. GODBOLE MALA, VIJAYAPUR - 586 101.
...RESPONDENTS
(BY SMT. MAYA T.R., HCGP FOR R1;
R2 SERVED)
THIS CRL.A. IS FILED U/S. 14-A(2), OF THE SC/ST
(POA) ACT, PRAYING TO, SET ASIDE THE ORDER DATED
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NC: 2025:KHC-K:818
CRL.A No. 200302 of 2024
05.10.2024 PASSED BY THE HON'BLE II ADDL. DISTRICT AND
SESSION AND SPECIAL JUDGE VIJAYAPUR IN CRL.MISC NO.
1468/2024 AND CONSEQUENTLY ENLARGE HIM ON BAIL IN
GANDHI CHOWK POLICE STATION CRIME NO.127/2024
REGISTERED FOR THE OFFENCES PUNISHABLE UNDER
SECTION 118(2), 351, 352 OF BNSS AND SECTION 3(2)(v) OF
THE SC/ST (POA) ACT, 1989 PENDING ON THE FILE OF THE
HON'BLE II ADDL DISTRICT AND SESSIONS/SPECIAL JUDGE,
VIJAYPUR ON SUCH TERMS AND CONDITIONS AS THIS
HON'BLE COURT DEEMS FIT TO IMPOSE UPON HER.
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)
This appeal under Section 14(A)(2) of SC/ST
(Prevention of Atrocities) Act, 1989 is filed by accused in
Crime No.127/2024 registered by Gandhi Chowk Police
Station, Vijayapura, for offences punishable under
Sections 118(2), 351, 352 of BNS, 2023 and Section
3(2)(v) of the SC/ST (POA) Act, 1989 assailing the order
dated 05.10.2024 passed in Crl.Misc.No.1468/2024 by the
Court of II Additional District Sessions and Special Judge,
Vijayapur.
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2. Heard the learned counsel for the appellant and
learned High Court Government Pleader for respondent
No.1. Respondent No.2 though served in the matter has
remained unrepresented before this Court.
3. FIR in Crime No.127/2024 was registered by
Gandhi Chowk Police Station, Vijayapur, against the
appellant herein for the aforesaid offences on the basis of
the first information dated 07.09.2024 received from the
injured victim Srinivas Nayak. During the course of
investigation, appellant herein was arrested on
10.09.2024. Investigation of the case is completed and
charge sheet has been filed. The bail application filed
before the Jurisdictional Sessions Court in
Crl.Misc.No.1468/2024 was rejected on 05.10.2024.
Therefore, appellant is before this Court.
4. Learned counsel for the appellant having
reiterated the grounds urged in the appeal memorandum
has prayed to allow the appeal.
5. Per contra, learned High Court Government
Pleader has opposed the prayer on the ground that
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appellant is a person with the criminal antecedent and in
the event he is enlarged on bail is likely to commit similar
offences. Accordingly, he prays to dismiss the appeal.
6. In the incident in question that had taken place
on 07.09.2024 at about at about 1:30 am., appellant
allegedly had abused and assaulted the first informant
with the knife on his right hand and as a result his right
hand middle finger was partially amputated. The incident
in question had taken place after the leg of the appellant
had accidentally touched the first informant, who in turn
had questioned him and in turn appellant had allegedly
abused and assaulted him with a knife. Investigation of
the case is completed and charge sheet has been filed.
Appellant is in custody from 10.09.2024. It is brought to
the notice of this Court that appellant is a person with
criminal antecedent and he is facing four other criminal
cases registered for heinous offences.
7. Apprehension expressed by learned High Court
Government Pleader can be taken care of by imposing
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appropriate conditions on the appellant. Accordingly, I
pass the following;
ORDER
The criminal appeal is allowed.
The order dated 05.10.2024 passed by the II
Additional District and Sessions and Special Judge,
Vijayapur in Crl.Misc.No.148/2024 is set aside and the
appellant is directed to be enlarged on bail in Crime
No.127/2024 of Gandhi Chowk Police Station, Vijayapur
District, registered for the offences punishable under
Sections 118(2), 351, 352 of BNSS and Section 3(2)(v) of
the SC/ST (POA) Act, 1989, 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;
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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.
f) The appellant shall appear before the Station
House Officer of Gandhi Chowk police station,
Vijayapura, on every alternative sunday between
10.00 am., and 1.00 pm., and mark his
attendance till the case registered against him is
disposed off.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
AMM
CT:PK
