Karnataka High Court
Sunita vs The State And Anr on 9 January, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
-1-
NC: 2025:KHC-K:103
CRL.A No. 200304 of 2024
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 9TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL APPEAL NO.200304 OF 2024 [U/S 14A(2)]
BETWEEN:
SUNITA W/O AMBAYYA GUTTEDAR,
AGE: 46 YEARS, OCC: GROCERY SHOP,
R/O. AZADAPUR,
TQ AND DIST. KALABURAGI-585102.
...APPELLANT
(BY SRI ZAKIR HUSSASIN USTAD, ADVOCATE)
AND:
1. THE STATE THROUGH
UNIVERSITY POLICE STATION,
KALABURAGI
Digitally signed (REPRESENTING BY LEARNED ADDL. SPP
by SHILPA R HIGH COURT KALABURAGI-585107).
TENIHALLI
Location: HIGH
COURT OF 2. JAGADEVI W/O CHANDRAKANT,
KARNATAKA AGE: 45 YEARS, OCC: LABOURER,
R/O. AZADPUR,
TQ. AND DIST. KALABURAGI-585102.
...RESPONDENTS
(BY SRI VEERANAGOUDA MALIPATIL, HCGP FOR R1
R2 SERVED)
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 12.11.2024 IN CRL.MISC.NO.1800/2024 REJECTING
THE BAIL PETITION FILED BY THE APPELLANT U/SEC. 483 OF
-2-
NC: 2025:KHC-K:103
CRL.A No. 200304 of 2024
BNSS AND BE PLEASED TO ENLARGE THE APPELLANT ON BAIL
IN CRIME NO.253/2024 OF UNIVERSITY POLICE STATION,
KALABURAGI, PENDING ON THE FILE OF II ADDITIONAL
DISTRICT AND SESSIONS JUDGE AT KALABURAGI FOR THE
OFFENCES PUNISHABLE U/SEC. 189(2), 191(2)(3), 115(2),
109, 352, 351(2), 103(1), R/W SEC. 190 OF BNS AND U/SEC.
3(1)(r)(s), 3(2)(v), OF SC/ST P.A. 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.2 in Crime No.253/2024 registered by
University Police Station, Kalaburagi for the offences
punishable under Sections 189(2), 191(2)(3), 115(2),
109, 352, 351(2), 103(1) read with Section 190 of
Bharatiya Nyaya Sanhita, 2023 (for short 'BNS, 2023') and
under Sections 3(1)(r)(s), 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,
with a prayer to set aside the order dated 12.11.2024
passed in Crl.Misc.No.1800/2024 by the Court of II
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Additional District and Sessions Judge, Kalaburagi and
enlarge the appellant on regular bail.
2. Heard learned counsel for the appellant and
learned High Court Government Pleader appearing for
respondent No.1. Respondent No.2, who is served in the
matter, has remained unrepresented before for this Court.
3. FIR in Crime No.253/2024 was registered by
University Police Station, Kalaburagi City initially for the
offences punishable under Sections 109, 115(2), 189(2),
190, 191(2), 191(3), 351(2) and 352 of BNS, 2023 and
under Section 3(1)(r)(s) of SC/ST (POA) Act on the basis
of the first information dated 20.10.2024 received from
Jagadevi, who is the wife of deceased Chandrakant,
against Mounesh and four others. The appellant herein,
who is the mother of accused No.1 was arrayed as
accused No.2 in the FIR. During the course of
investigation of the case, the appellant herein was
arrested on 21.10.2024 and subsequently remanded to
judicial custody. Investigation of the case is completed
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and charge sheet has been filed. Bail application filed by
the appellant before the jurisdictional Sessions Court in
Crl.Misc.No.1800/2024 was rejected on the 12.112024.
Therefore, she is before this Court.
4. Learned counsel for the appellant submits that
appellant is a lady, aged about 46 years and only
allegation against her is that she had assaulted deceased
with her hands. Investigation is completed and
accordingly, he prays to allow the appeal.
5. Per contra, learned High Court Government
Pleader has opposed the prayer made in the appeal and
prayed to dismiss the appeal.
6. Perusal of the material on record would go to
show that there was some dispute between the parties
with regard to certain land and on 20.10.2024, when
accused Nos.1, 2 and the juvenile accused, who is the
daughter of the appellant herein were working in the
disputed land, deceased Chandrakant came there and
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questioned the accused persons. It is alleged that accused
Nos.1, 2 and the juvenile accused had abused
Chandrakant and also had assaulted him with their hands.
At the said time, CW.8, CW.10 and CW.14 interfered and
Chandrakant had returned to his house and informed
about the incident to his wife/CW.1, who is the first
informant in the present case. Thereafter, Chandrakant
having found that his mobile phone had fallen near the
land in dispute, he and his wife/CW.1 had gone near the
land in dispute for the purpose of searching the mobile
phone. Accused No.1, who was present near the land in
dispute seeing the deceased and his wife, once again
coming near the property in dispute, picked up a wooden
club and had assaulted Chandrakant with the same on his
head. As a result of the said assault, Chandrakant had
collapsed to the ground and though he was immediately
shifted to a hospital, he had succumbed to the injuries in
the hospital and was declared as dead. It is in this
background, FIR was registered against Mounesh and four
others. Investigation of the case is completed and charge
NC: 2025:KHC-K:103
sheet has been filed. Undisputedly, allegation of
assaulting deceased with the wooden club on his head is
only as against accused No.1 and at the said point of time,
appellant/accused No.2 was not even present at the spot.
The appellant is a lady, aged about 46 years, having no
criminal antecedents.
7. Under the circumstances, I am of opinion that
the prayer made by the appellant for grant of regular bail
needs to be answered affirmatively. Accordingly, following
order is passed:
ORDER
The appeal is allowed.
The impugned order passed by the Court of II
Additional District and Sessions Judge, Kalaburagi in
Crl.Misc.No.1800/2024 dated 12.11.2024 is set aside.
The appellant is directed to be enlarged on bail in
Crime No.253/2024 of University Police Station, Kalaburagi
City, registered for the offences punishable under Sections
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189(2), 191(2)(3), 115(2), 109, 352, 351(2), 103(1) read
with Section 190 of BNS, 2023 and under Sections
3(1)(r)(s), 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) 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.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
SRT
CT:PK
