Karnataka High Court
Chandrashekhar Patil And Ors vs The State Of Karnataka And Anr on 18 February, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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CRL.A No. 200028 of 2025
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 18TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL APPEAL NO.200028 OF 2025 (U/S 14 (A))
BETWEEN:
1. CHANDRASHEKHAR PATIL S/O MALLINATH PATIL,
AGE: 33 YEARS, OCC: BLOOD BANK OWNER
R/O. SONTH VILLAGE, NOW AT KHUBA PLOT,
KALABURAGI-585103.
2. ADITYA @ ADESH S/O SHIVAJI RAO THUKALE,
AGE: 25 YEARS, OCC: TECHNICIAN,
R/O. KAMALA NAGAR, TQ. AWARAD (B),
NOW AT KALABURAGI.
3. OMPRAKASH S/O BALAJI RAO GORAWADI,
AGE: 20 YEARS, OCC: STUDENT,
R/O. LADA, TQ.BHALKI, DIST. BIDAR.
4. RAHUL PATIL S/O RAJASHEKHAR PATIL,
Digitally signed AGE: 19 YEARS, OCC: STUDENT (B.E.),
by SHIVAKUMAR R/O. SONTH VILLAGE, NOW AT PRAGATI COLONY,
HIREMATH
KALABURAGI.
Location: HIGH
COURT OF
KARNATAKA 5. ASFAQ AHMED S/O HASSAN PATEL,
AGE: 25 YEARS, OCC: LEARNING TECHNICIAN,
R/O. SANTRASWADI, KALABURAGI.
6. VEERENDRA S/O AMARANATH PATIL,
AGE: 25 YEARS, OCC: AGRICULTURE,
R/O. SONTH VILLAGE, TQ.KAMALAPUR,
DIST. KALABURAGI.
...APPELLANTS
(BY SRI RAJESH DODDAMANI, ADVOCATE)
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CRL.A No. 200028 of 2025
AND:
1. THE STATE OF KARNATAKA,
M B NAGAR POLICE STATION,
KALABURAGI CITY,
NOW REPRESENTED BY,
THE ADDITIONAL STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
KALABURAGI BENCH-585102.
2. MALLIKARJUN S/O RANAPPA NATIKAR,
AGE: 48 YEARS, OCC: WARD BOY,
BASAVESHWAR HOSPITAL,
R/O H.NO.2-907/76/ PLOT NO.146,
PRAGATI COLONY, KALABURAGI-585103.
...RESPONDENTS
(BY SMT. ANITA M. REDDY, HCGP FOR R1;
R2 SERVED)
THIS CRL.A IS FILED U/SEC. 14-A (2) OF SC/ST (PA)
ACT, PRAYING TO SET ASIDE THE ORDER DATED 18.01.2025
PASSED BY THE HON'BLE II ADDITIONAL DISTRICT AND
SESSIONS JUDGE, KALABURAGI CRIMINAL MISC.NO.
2138/2024 AND CONSEQUENTLY ENLARGE THE APPELLANTS/
A-1 TO 6 (AS PER FIR) IN CONNECTION WITH CRIME NO.
130/2024 OF M B NAGAR POLICE STATION REGISTERED FOR
THE OFFENCES PUNISHABLE U/S SECTION 189(2), 191(2),
191(3), 103, 115(2), 118(1), 127(2), 352, 351(2), 351(3)
READ WITH SECTION 190 OF BHARATIYA NYAYA SANTHITA
(BNS) 2023 AND SECTION 3(1)(r), 3(1)(s), 3(2)(v) OF SC/ST
(PA) ACT, 1989, NOW PENDING ON THE FILE OF HON'BLE II
ADDITIONAL DISTRICT AND SESSIONS JUDGE, KALABURAGI
IN CRIME NO.130/2024.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
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CRL.A No. 200028 of 2025
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
Nos.1 to 6 assailing the order dated 18.01.2025 passed by
the Court of II Additional District and Sessions Judge,
Kalaburagi in Crl.Misc.No.2138/2024 and seeking to
enlarge them on regular bail in Crime No.130/2024
registered by M.B. Nagar Police Station, Kalaburagi City,
for the offences punishable under Sections 189(2), 191(2),
191(3), 103, 115(2), 118(1), 127(2), 352, 351(2), 351(3)
read with Section 190 of BNS, 023 and Sections 3(1)(r),
3(1)(s) and 3(2)(v) of SC/ST (POA) Act, 1989.
2. Heard the learned Counsel for the appellants
and learned High Court Government Pleader for
respondent No.1. Respondent No.2 though served in the
matter, has remained unrepresented before this Court.
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3. FIR in Crime No.130/2024 was registered by
M.B.Nagar Police Station, Kalaburagi, for the aforesaid
offences against the appellants herein on the basis first
information on 13.12.2024 received from respondent
No.2, who is the father of deceased Shashikant. During
the course of investigation of the case, accused No.1 and 4
were arrested on 16.12.2024, accused Nos.2, 3 and 5
were arrested on 13.12.2024 and accused No.6 was
arrested on 18.12.2024. Investigation of the case is
completed and charge sheet has been filed against six
accused persons. The bail application filed by the
appellants before the jurisdictional Sessions Court in
Crl.Misc.No.2138/2024 was rejected on 18.01.2025.
Therefore, they are before this Court.
4. Learned Counsel for the appellants submits that
the final opinion as to the cause of death of deceased
would go to show that death was not due to the alleged
assault made by appellants/accused persons. The
appellants do not have any other criminal antecedents.
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The deceased had suffered contusion wounds on his body
and said injuries are simple in nature. Investigation of the
case is completed. Accordingly, he prays to allow the
appeal.
5. Per contra, learned High Court Government
Pleader for respondent No.1, who has opposed the prayer
made in the appeal, however, does not dispute the
submission made by the learned counsel for the
appellants. The deceased had suffered ten injuries and
the first informant has stated that deceased and the
injured were assaulted by accused persons inside the
blood bank of accused No.1 and the deceased had
collapsed when he was being taken by his parents from
the place where he was assaulted and therefore, there is
nexus between the death of the deceased and assault
made by the accused persons. Accordingly, she prays to
dismiss the appeal.
6. Perusal of the material available on record
would go to show that Akash, who was the friend of
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Shashikant was an employee in the blood bank of accused
No.1 and at the request of Akash, deceased Shashikant
used to go to the blood bank to sleep during night hours.
On 12.12.2024, the first informant allegedly received a
phone call from his son and he asked him to come near
the blood bank. At about 5.20 p.m. the first informant
and his wife went near the blood bank and found his son
Shashikant and Akash being assaulted by the persons
named in the first information and on enquiry, he came to
know that on the allegation of committing theft of 40
packs of cigarettes, which were kept in the blood bank, the
accused persons were assaulting Shashikant and his friend
Akash with belt, sugarcane and wooden stick. Thereafter,
the first informant and his wife took Shashikant along with
them from the blood bank and on their way back to their
house, Shashikant collapsed on the road and immediately
thereafter he was shifted to a hospital, but he was
declared dead in the hospital and therefore, the first
informant had approached the police at about 00.30 hours
on 13.12.2024. The postmortem report of deceased
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Shashikant would go to show that he had suffered
contusion injuries over his body and in the final opinion,
the cause of death of Shashikant mentioned that death
was due to coronary artery disease associated with
multiple contusion injuries sustained. The wound
certificate of the injured Aakash would go to show that he
has suffered only simple injuries as a result of assault
made by the accused persons. Akash as well as deceased
Shashikant were together assaulted by the accused
persons inside the blood bank by using the very same
weapons. Undisputedly, the appellants do not have any
criminal antecedents. Investigation of the case is
completed and charge sheet has been filed.
7. Under the circumstances, I am of the view that
without expressing any opinion on merits and demerits of
the case, the prayer made by the appellants for grant of
regular bail is required to be answered affirmatively.
Accordingly, following order is passed:
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ORDER
The appeal is allowed.
The impugned order passed by the Court of II
Additional District and Sessions Judge, Kalaburagi in
Crl.Misc.No.2138/2024 dated 18.01.2025 is set aside.
The appellants/accused Nos.1 to 6 are directed to be
enlarged on bail in Crime No.130/2024 of M.B.Nagar Police
Station, Kalaburagi City, registered for the offences
punishable under Sections 189(2), 191(2), 191(3), 103,
115(2), 118(1), 127(2), 352, 351(2), 351(3) read with
Section 190 of BNS, 2023 and under Sections 3(1)(r),
3(1)(s) and 3(2)(v) of SC/ST (POA) Act, pending before
the Court of II Additional District and Sessions Judge,
Kalaburagi, subject to the following conditions:
a) Appellants shall execute personal bond for a sum
of Rs.1,00,000/- each with two sureties for the
likesum, to the satisfaction of the jurisdictional
Court;
b) Appellants shall appear regularly on all the dates
of hearing before the Trial Court unless the Trial
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Court exempts their appearance for valid
reasons;
c) Appellants shall not directly or indirectly threaten
or tamper with the prosecution witnesses;
d) Appellants shall not involve in similar offences in
future.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
TMP/SRT
CT:PK
