Karnataka High Court
Siddaram @ Siddu vs State And Anr on 13 February, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2025:KHC-K:1014
CRL.A No. 200024 of 2025
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.200024 OF 2025 (U/S 14-A(2))
BETWEEN:
SIDDARAM @ SIDDU
S/O BASAVARAJ TALVAR,
AGE: 24 YEARS, OCC: PAN SHOP,
R/O NO.64, SLUM BOARD QUARTERS,
NEAR NAGANHALLI CROSS,
KALABURAGI - 585102
...APPELLANT
(BY SRI BASAVALING NASI, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
Digitally signed by THROUGH UNIVERSITY PS, KALABURAGI,
SHIVAKUMAR
HIREMATH REPRESEENTED BY ADDL. SPP,
Location: HIGH HIGH COURT OF KARNATAKA,
COURT OF AT KALABURAGI BENCH-585102.
KARNATAKA
2. SMT. SHOBHA W/O NAGENDRA MALLABADI,
AGE: 47 YEARS, OCC: HOUSEWIFE,
R/O. NAGANHALLI VILLAGE,
N/A AIROLI THANE NAVI MUMBAI,
NOW RESIDING NAGANAHALLI VILLAGE,
KALABURAGI CITY, KALABURAGI- 585103.
...RESPONDENTS
(BY SRI VEERANAGOUDA MALIPATIL, HCGP FOR R1
SRI CHAITANYAKUMAR C.M., ADVOCATE FOR R2)
-2-
NC: 2025:KHC-K:1014
CRL.A No. 200024 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 15.01.2025 PASSED BY THE II ADDL. SESSION
JUDGE AND SPL JUDGE AT KALABURAGI AND RELEASE THE
APPELLANT (ACCUSED NO.2) ON BAIL IN BEARING CRIME
NO.229/2024 OF UNIVERSITY POLICE STATION KALABURAGI
FOR THE OFFENCE UNDER SECTION 189(2), 191(2), 191(3),
115(2), 118(1), 109, 352, 190, 103(1) OF BNS AND U/SEC
3(1)(r)(s) AND 3(2)(v) OF SC AND ST ACT, PENDING ON THE
FILE OF II ADDL. DISTRICT AND SESSION JUDGE AND SPECIAL
JUDGE AT KALABURAGI.
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.2 in Special Case (SC/ST) No.94/2024,
pending before the Court of II Additional District and
Sessions Judge/Special Judge, Kalaburagi, arising out of
Crime No.229/2024, registered by University Police
Station, Kalaburagi for the offenses punishable under
sections 189(2), 191(2), 191(3), 115(2), 118(1), 109,
352, 190 and 103(1) of Bharatiya Nyaya Sanhita, 2023
(for short 'BNS, 2023') and under Sections 3(1)(r)(s) and
3(2)(v) of Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989 (for short 'SC/ST
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(POA) Act'), is before this Court in this appeal filed under
Section 14(A)(2) of SC/ST (POA) Act, assailing the order
dated 15.01.2025, passed by the Court of II Additional
District and Sessions Judge/Special 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 (for short
'BNSS, 2023'), seeking regular bail has been rejected.
2. Heard learned counsel for the parties.
3. FIR in Crime No.229/2024 was registered by
University Police Station, Kalaburagi, for the offences
punishable under sections 189(2), 191(2), 191(3), 115(2),
118(1), 109, 352 read with Section 190 of BNSS, 2023
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 deceased
Sumeet. The appellant herein is arrayed as accused No.2
in the FIR. During the course of investigation, he was
arrested on 22.09.2024 and subsequently remanded to
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judicial custody. The investigation of the case is
completed and charge sheet has been filed against eight
accused persons and the appellant is arrayed as accused
No.2 in the charge sheet. The bail application filed by the
appellant before the Trial Court in Special Case (SC/ST)
No.94/2024 was rejected on 15.01.2025. Therefore, he is
before this Court in this appeal.
4. Learned counsel for the appellant having
reiterated the grounds urged in the appeal submits that
accused Nos.3 and 8 against whom similar allegations are
found in the charge sheet have been granted regular bail
by this Court and accused Nos.5 to 7 have been granted
regular bail by the jurisdictional Sessions Court. He
submits that appellant has no other criminal antecedents
and accordingly, prays to allow the appeal.
5. Per contra, learned High Court Government
Pleader for respondent No.1 and learned counsel
appearing for respondent No.2 have opposed the prayer
made in the appeal. They submit that the appellant is the
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person who had brought the knife and handed over the
same to accused No.1, who has stabbed the deceased with
the same. Accordingly, they pray to dismiss the appeal.
6. Perusal of the material available on record
would go to show that first informant's son Sachin was in
love with the accused No.7 - Vaishnavi, who is the sister
of accused No.1 - Varunkumar. Accused No.1 and his
family members were opposing the relationship and
therefore, there was a fight between the two families on
19.09.2024. On 20.09.2024, accused No.1 along with
accused Nos.2 to 4 and 8 had arrived near the house of
first informant in an autorickshaw and asked the first
informant to produce her son Sachin before them. At that
time, accused Nos.5, 6 and 7 also arrived near the house
of first informant. It is alleged that the accused persons
quarreled with the first informant and assaulted her. At
that time, deceased Sumeet, who is the younger son of
first informant tried to interfere and all the accused
persons allegedly assaulted him with their hands. Accused
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No.1 asked accused No.2 to bring the knife, which was
kept in the autorickshaw in which they had arrived.
Accordingly, accused No.2 brought the knife which was
kept in the autorickshaw and accused No.1 assaulted
Sumeet with the said knife and as a result Sumeet, who
suffered grievous injury, was subsequently shifted to a
government hospital at Kalaburagi, but he died on
21.09.2024. There is no allegation as against the
appellant/accused No.2 about he assaulting the deceased
with any weapon. The allegation as against accused Nos.2
to 8 about assaulting the deceased Sumeet is similar.
Undisputedly, the appellant has no other criminal
antecedents and he is in custody from 22.09.2024. The
investigation of the case is completed and charge sheet
has been filed. The other accused persons with similar
allegations of assaulting the deceased with their hands
have been granted regular bail.
7. Under the circumstances, I am of the opinion
that the prayer made by the appellant for grant of regular
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bail needs to answered affirmatively. Accordingly, the
following order:
ORDER
The criminal appeal is allowed.
The order dated 15.01.2025 passed by the Court of
II Additional District and Sessions Judge/Special Judge,
Kalaburagi in Special Case (SC/ST) No.94/2024, wherein,
the application filed by the appellant under Section 483 of
BNSS, 2023, seeking regular bail is hereby set aside.
The appellant/accused No.2 is directed to be
enlarged on bail in Special Case (SC/ST) No.94/2024
pending before the Court of II Additional District and
Sessions Judge/Special Judge, Kalaburagi, arising out of
Crime No.229/2024, registered by University Police
Station, Kalaburagi, for the offenses punishable under
sections 189(2), 191(2), 191(3), 115(2), 118(1), 109,
352, 190 and 103(1) of BNS, 2023 and under section
3(1)(r)(s) & 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
