Karnataka High Court
Somaning vs The State Of Karnataka And Anr on 13 February, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2025:KHC-K:1013
CRL.A No. 200252 of 2024
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 13TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL APPEAL NO. 200252 OF 2024 (U/S 14-A(2))
BETWEEN:
SOMANING S/O RAMU SULLA,
AGE: 36 YEARS, OCC: LABOUR,
R/O. SIDDAPUR, TQ. TIKOTA,
DIST. VIJAYAPURA-586130.
...APPELLANT
(BY SRI R. S. LAGALI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
Digitally signed by THROUGH THE PSI,
SHIVAKUMAR VIJAYAPURA RURAL PS,
HIREMATH
Location: HIGH REP. BY THE ADDL. STATE PUBLIC PROSECUTOR,
COURT OF HIGH COURT OF KARNATAKA,
KARNATAKA KALABURAGI-585102.
2. RAMESH S/O BHIMAPPA KAMBLE,
AGE: 55 YEARS, OCC: LABOUR,
R/O. SIDDAPUR, TQ. TIKOTA,
DIST. VIJAYAPURA-586130.
...RESPONDENTS
(BY SMT. MAYA T.R., HCGP, FOR R1;
R2 SERVED)
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NC: 2025:KHC-K:1013
CRL.A No. 200252 of 2024
THIS CRL.A IS FILED U/SEC. 14-(A)(2) OF SC/ST (PA)
ACT, PRAYING TO ALLOW THIS APPEAL AND THEREBY ORDER
THE RELEASE OF THE APPELLANT ON BAIL IN SPECIAL CASE
(SC/ST) NO.56/2022 (ARISING OUT OF THE VIJAYAPURA
RURAL PS CRIME NO.298/2022) PENDING BEFORE THE
HON'BLE II ADDL. DIST. AND SESSIONS JUDGE /SPECIAL
JUDGE VIJAYAPURA FOR THE OFFENCES PUNISHABLE U/S 302
R/W 3(2)(v) OF SC/ST (PREVENTION OF ATROCITIES) 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 in Special Case (SC/ST) No.56/2022,
pending before the Court of II Additional District and
Sessions Judge/Special Judge, Vijayapur, arising out of
Crime No.298/2022, registered by Vijayapur Rural Police
Station, Vijayapur for the offense punishable under
Section 302 of IPC and Section 3(2)(v) of Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act,
1989 (for short 'SC/ST (POA) Act'), is before this Court in
this appeal filed under Section 14(A)(2) of SC/ST (POA)
Act, assailing the order dated 05.12.2023, passed by the
Court of II Additional District and Sessions Judge/Special
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Judge, Vijayapur in Crl.Misc.No.1875/2023, wherein, the
bail application filed by the appellant under Section 439 of
Cr.P.C. seeking regular bail has been rejected.
2. Heard learned counsel for the appellant and
learned High Court Government Pleader for respondent
No.1. Respondent No.2, who is served in the matter, has
remained unrepresented before this Court.
3. FIR in Crime No.298/2022 was registered by
Vijayapur Rural Police Station, Vijayapur, initially for the
offence punishable under Section 302 of IPC against
unknown persons based on the first information dated
06.09.2022, received from respondent No.2 herein, who is
the husband of deceased Ambawwa. During the course of
investigation of the case, the appellant herein was
arrested on 15.09.2022 and subsequently remanded to
judicial custody. The investigation of the case is
completed and charge sheet has been filed against him for
the aforesaid offences. The bail application filed by the
appellant before the Trial Court in Crl.Misc.No.1875/2023
NC: 2025:KHC-K:1013
was rejected on 05.12.2023. Therefore, he is before this
Court.
4. Learned counsel for the appellant submits that
entire case of the prosecution is based on circumstantial
evidence. The appellant is in custody for the last more
than two years and he has no other criminal antecedents.
Accordingly, he prays to allow the appeal.
5. Per contra, learned High Court Government
Pleader for respondent No.1 has opposed the prayer made
in the appeal. She submits that CW.14 and CW.16 are the
persons, who have last seen the deceased along with the
appellant on the alleged date of incident. There are strong
circumstances to connect the appellant to the alleged
crime. Accordingly, she prays to dismiss the appeal.
6. FIR in the present case has been registered
against unknown persons. During the course of
investigation of the case, the appellant was arrested on
the 15.09.2022. The investigation of the case is completed
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and charge sheet has been filed. As per the charge sheet
allegations, the deceased was in the habit of borrowing
money from the appellant and though she used to promise
to return the money borrowed, she had failed to repay the
money and therefore, the appellant had vengeance against
the deceased. On 05.09.2022, deceased allegedly had
sought financial assistance of Rs.20,000/- from the
appellant and when the appellant informed her that he had
no money, she allegedly informed him that if he does not
pay money to her, she will not return the money earlier
borrowed from him. The appellant, who got enraged,
allegedly took the deceased inside a room and after
strangulating her neck dropped a current motor pump on
her head and committed her murder. The entire case of
the prosecution is based on circumstantial evidence.
Undisputedly, the appellant has no other criminal
antecedents and he is in custody for the last more than
two years.
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7. Under the circumstances, I am of the opinion
that without expressing any opinion on the merits and
demerits of case, the prayer made by the appellant for
grant of regular bail needs to be granted. Accordingly,
following order is passed:
ORDER
The criminal appeal is allowed.
The order dated 05.12.2023 passed by the Court of
II Additional District and Sessions Judge/Special Judge,
Vijayapur in Crl.Misc.No.1875/2023 is hereby set aside.
The appellant/accused is directed to be enlarged on
bail in Special Case (SC/ST) No.56/2022 pending before
the Court of II Additional District and Sessions
Judge/Special Judge, Vijayapur, arising out of Crime
No.298/2022, registered by Vijayapur Rural Police Station,
Vijayapur, for the offence punishable under Section 302 of
IPC and under Section 3(2)(v) of SC/ST (POA) Act, subject
to the following conditions:
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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;
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
SRT
CT:PK
