Karnataka High Court
Dipak vs The State And Anr on 12 February, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2025:KHC-K:990
CRL.A No. 200029 of 2025
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 12TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL APPEAL NO. 200029 OF 2025 (U/S 14 (A))
BETWEEN:
DIPAK S/O SANTOSH,
AGE: 20 YEARS, OCC: DECORATION WORK,
R/O. NEAR S.B. TEMPLE, BRAHMPUR,
KALABURAGI,
NOW AT CHITALI VILLAGE,
TQ. ALAND, DIST. KALABURAGI.
...APPELLANT
(BY SRI SURESH C. TENGLI AND
SRI PRASHANT MYAKERI, ADVOCATES)
AND:
1. THE STATE THROUGH
Digitally signed UNIVERSITY POLICE STATION, KALABURAGI,
by SHIVAKUMAR
HIREMATH REPRESENTING BY
Location: HIGH LEARNED ADDL. STATE PUBLIC PROSECUTOR,
COURT OF HIGH COURT OF KARNATAKA,
KARNATAKA AT KALABURAGI-585107.
2. SMT. SHOBHA W/O NAGENDRA MALLABADI,
AGE: 47 YEARS, OCC: HOUSEHOLD,
R/O. NAGANHALLI VILLAGE,
TQ. AND DIST. KALABURAGI
...RESPONDENTS
(BY VEERANAGOUDA MALIPATIL, HCGP FOR R1
SRI CHAITANYAKUMAR CHANDRIKI, ADVOCATE FOR R2)
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NC: 2025:KHC-K:990
CRL.A No. 200029 of 2025
THIS CRL.A IS FILED U/SEC. 14-A(2) OF SC/ST (PA) ACT,
PRAYING TO ALLOW THE APPEAL AND SET ASIDE THE ORDER
DATED 30.12.2024 IN SPL.CASE SC/ST NO.94/2024
REJECTING THE BAIL PETITION FILED BY THE APPELLANT
U/SEC. 483 OF BNSS 2023 AND TO RELEASE THE APPELLANT
ON BAIL IN SPL. CASE SC/ST NO.94/2024, CRIME NO.
229/2024 OF UNIVERSITY POLICE STATION, KALABURAGI,
PENDING ON THE FILE OF II ADDITIONAL SESSIONS JUDGE
AND SPECIAL JUDGE AT KALABURAGI FOR THE OFFENCES
PUNISHABLE U/SEC. 189(2), 191(2)(3), 115(2), 118(1), 352,
109, 103(2) R/W SEC. 190 OF BNSS 2023 R/W SEC. 3(1)(r)(s),
3(2)(v) OF SC/ST PA ACT.
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)
Accused No.8 in Special Case (SC/ST) No.94/2024
pending before the Court of II Additional District and
Sessions Judge, Kalaburagi, arising out of Crime
No.229/2024 registered by University Police Station,
Kalaburagi for the offences punishable under Sections
189(2), 191(2)(3), 115(2), 118(1), 109, 352, 103(1) r/w.
Section 190 of Bharatiya Nyaya Sanhita, 2023 and under
Section 3(1)(r)(s) and 3(2)(v) of SC/ST Prevention of
Atrocities Act, 1987 is before this Court under Section
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14(A)(2) of SC/ST P.A. Act, assailing the order dated
30.12.2024 passed by the Court of II Additional District
and Sessions Judge, Kalaburagi, in Special Case (SC/ST)
No.94/2024, wherein, the application filed by the appellant
under Section 483 of Bharatiya Nagarik Suraksha Sanhita,
2023, seeking regular bail has been rejected.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.229/2024 was registered by
University Police Station for the aforesaid offences, against
one Varunkumar and five others on the basis of the first
information dated 21.09.2024 received from respondent
No.2 herein who is the mother of the deceased Sumeet.
The appellant was arrested on 22.09.2024 and
subsequently remanded to judicial custody. The
investigation of the case is completed and the charge-
sheet has been filed against eight persons and the
appellant herein is arrayed as accused No.8 in the charge-
sheet. The bail application filed by the appellant before the
jurisdictional Sessions Court in Special Case (SC/ST)
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No.94/2024 was dismissed on 30.12.2024. Therefore, he
is before this Court.
4. Learned counsel for the appellant submits that,
the allegation as against the accused No.3 and the
appellant herein is similar. Accused No.3 has been granted
regular bail by this Court in Criminal Appeal
No.200004/2025 on 23.01.2025. The appellant has no
other criminal antecedents. Accordingly, he prays to allow
the petition.
5. Per contra, learned HCGP and the learned
counsel for the respondent No.2 who have opposed the
appeal, however, does not dispute the submission made
by the learned counsel for the appellant.
6. This Court has granted regular bail to accused
No.3 in Criminal Appeal No.200004/2025 vide order dated
23.01.2025, considering the fact that the allegation of
assaulting the deceased Sumeet with the knife is only as
against the accused No.1 and other accused have
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assaulted him with their hands. Allegation against the
appellant and accused No.3 are similar. Undisputedly, the
appellant herein has also no other criminal antecedents
and therefore, on the ground of parity, he is entitled for
the relief as sought for in this appeal. Accordingly, the
following order:
ORDER
(i) The Criminal Appeal is allowed;
(ii) The impugned order passed by the Court of II
Additional Sessions Judge and Special Judge, at
Kalaburagi, in Special Case (SC/ST) No.94/2024 dated
30.12.2024 is hereby set aside.
(iii) The appellant/accused No.8 in Special Case
(SC/ST) No.94/2024 is directed to be enlarged on bail in
Crime No.229/2024 registered by University Police Station,
Kalaburagi, for the offences punishable under Sections
189(2), 191(2)(3), 115(2), 118(1), 109, 352, 103(1) r/w.
190 of Bharatiya Nyaya Sanhita, 2023 and under Section
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3(1)(r)(s) & 3(2)(v) of SC/ST P.A.Act, 1987, subject to the
following conditions:
a) 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) Appellant shall appear regularly on all the dates
of hearing before the Trial Court unless the Trial
Court exempts her appearance for valid reasons.
c) Appellant shall not directly or indirectly threaten
or tamper with the prosecution witnesses.
d) Appellant shall not involve in similar offences in
future.
e) Appellant shall not leave the jurisdiction of the
Trial Court without permission of the said Court
until the case registered against him is disposed
of.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
SVH
CT:PK
