Karnataka High Court
Ajit S/O Chandrakant Nandaragi 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:826
CRL.A No. 200019 of 2025
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. 200019 OF 2025 (U/S 14 (A))
BETWEEN:
AJIT S/O CHANDRAKANT NANDARAGI,
AGE: 35 YEARS, OCC: AGRICULTURE
R/O. RAMANHANALLI, TQ.ALMEL,
DIST.VIJAYAPURA - 586101
...APPELLANT
(BY SRI SANJAY A. PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THROUGH POLICE, ALMEL POLICE STATION,
Digitally signed SINDAGI CIRCLE, DIST.VIJAYAPURA - 586101,
by SHIVAKUMAR
HIREMATH REPRESENTED BY ADDL. SPP,
Location: HIGH HIGH COURT OF KARNATAKA,
COURT OF KALABURAGI BENCH.
KARNATAKA
2. GALIB S/O KANTAPPA VIBHUTALLI,
AGE: 25 YEARS, OCC: AGRICULTURE,
R/O. ALMEL, TQ.ALMEL,
DIST.VIJAYAPURA - 586101
...RESPONDENTS
(BY SMT MAYA T.R., HCGP FOR R1
SRI JAMEERA PASHA, ADVOCATE FOR R2)
THIS CRL.A IS FILED U/SEC. 14-A OF SC/ST (PA) ACT, BY
THE PRAYING TO, ALLOW THE APPEAL THEREBY SET ASIDE
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NC: 2025:KHC-K:826
CRL.A No. 200019 of 2025
THE ORDER DATED 30.12.2024 PASSED BY II ADDL. DISTRICT
AND SESSIONS AND SPECIAL JUDGE VIJAYAPURA IN CRL.
MISC NO.1857/2024 AND FURTHER ENLARGE THE
APPELLANT/ACCUSED NO. 1 ON BAIL IN CRIME NO.2/2024
REGISTERED BY ALMEL POLICE STATION DISTRICT
VIJAYAPURA, CHARGE SHEETED FOR THE OFFENCES
PUNISHABLE U/SEC 307, 504, 302, 202, 212 OF IPC AND SECs
3(2)(V) OF SC/ST PA AMENDMENT ACT 2015, PENDING ON
THE FILE II ADDL DISTRICT AND SESSIONS AND SPECIAL
JUDGE VIJAYAPURA, DISTRICT 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.1 in Crime No.2/2024 registered by
Almel Police Station, Vijayapur District, for offences
punishable under Sections 307, 504, 302, 202, 212 of IPC
and Sections 3(2)(v) of SC/ST P.A Amendment Act, 2015,
is before this Court in this appeal under Section 14(A)(2)
of SC/ST (P.A) Amendment Act, 1989 assailing the order
dated 30.12.2024 passed in Crl.Misc.No.1857/2024 by the
Court of II Additional District & Sessions and Special
Judge, Vijayapur.
2. Heard the learned counsel for the parties.
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3. FIR in Crime No.2/2024 was registered by Almel
Police Station, Vijayapur, against the appellant herein for
the offences punishable under Sections 323, 326, 307,
504 of IPC on the basis of the first information dated
05.01.2024 received from Galiba S/o. Kantappa
Vibhutihalli, subsequent to registration of FIR injured
Kantappa had died and Section 302 of IPC was invoked
against the appellant. During the course of investigation,
appellant herein was arrested on 22.08.2024 and
subsequently, remanded to judicial custody. Investigation
of the case is completed and charge sheet is now filed
against 3 persons. Appellant herein has arrayed as
accused No.1 in the charge sheet. His bail application filed
before the Jurisdictional Sessions Court in
Crl.Misc.No.1857/2024 was rejected on 30.12.2024.
Therefore, appellant is before this Court.
4. Learned counsel for the appellant submits that
appellant is a fruit vendor having no criminal antecedents.
He was a total stranger to the first informant and his
father, who is the deceased in the present case. Incident
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in question had taken place as a result of road rage and
there was no motive or intention to commit the crime.
Investigation of the case is already completed and charge
sheet has been filed. Appellant is a married man having
three minor children and his wife is now pregnant.
Accordingly, he prays to allow the appeal.
5. Per contra, learned High Court Government Pleader
and learned counsel for respondent No.2 have opposed the
prayer made in the appeal.
6. Learned counsel for respondent No.2 submits that,
first informant is an eye witness to the incident in question
and appellant has been threatening him with dire
consequences and there is a threat to the first informant.
Since, there is a threat to the first informant, he prays
that the appeal may be dismissed.
7. Perusal of the first information submitted by the son of
deceased would go to show that, on 05.01.2024 when
they were traveling in their motorbike, from the opposite
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direction a person in a motorbike came in front of the
motorbike of the first informant and his father. When the
first informant and his father questioned him as to why he
brought his motorbike in front of their motorbike and
asked him to ride his motorcycle on the side of the road,
he allegedly abused them and assaulted the first informant
with his hand. When the deceased tried to intervene, said
person even assaulted him with his hand and thereafter
brought a knife from his motorbike and stabbed deceased
Kantappa on his stomach. Immediately thereafter certain
persons came there and the said person who had stabbed
Kantappa kept his knife in his motorbike and escaped from
the spot. Thereafter, Kantappa was admitted to the
hospital and based on the first information received from
his son, FIR was initially registered against the appellant
herein for offences punishable under sections 323, 326,
307, 504 of IPC. On 06.01.2024, Kantappa who was
admitted to the hospital had died and thereafter, offence
punishable under Section 302 of IPC was invoked.
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8. On the perusal of the allegations found in the first
information as well as charge sheet, it is apparent that
appellant and the victim were strangers and the incident in
question had taken place as a result of road rage.
Therefore it cannot be said that appellant had any motive
or intention to commit the murder of deceased Kantappa.
It appears that incident in question had taken place at a
spur of the moment after the parties had quarreled against
each other. Undisputedly, appellant has no other criminal
antecedents, investigation of the case is completed and
charge sheet has been filed. Appellant is said to be a
married man having three minor children and his wife is
said to be now pregnant.
9. Under the circumstances, I am the opinion that his
prayer for grant of regular bail, needs to be answered
affirmatively. Accordingly, the following:
ORDER
The criminal appeal is allowed.
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The order dated 30.12.2024 passed in
Crl.Misc.No.1857/2024 pending on the file of II Addl.
District & Sessions and Special Judge, Vijayapura, is set
aside.
The appellant is directed to be enlarged on bail in
Crime No.2/2024 of Almel Police Station, Vijayapur
District, for offences punishable under Sections 307, 504,
302, 202, 212 of IPC and Sections 3(2)(v) of SC/ST P.A
Amendment Act, 2015, pending on the file of II Addl.
District & Sessions and Special Judge, Vijayapura, 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.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
AMM,DHA
CT:PK
