Karnataka High Court
Javeed @ Jaheedsab vs The State Of Karnataka And Anr on 9 January, 2025
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
-1-
NC: 2025:KHC-K:112
CRL.A No. 200323 of 2024
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 9TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL APPEAL NO. 200323 OF 2024 (U/S 14 (A))
BETWEEN:
JAVEED @ JAHEEDSAB
S/O CHANDSAB
@ CHANDUSAB BADIGERA,
AGE: 27 YEARS, OCC: COOLIE,
R/O NAGARALA,
TQ: LINGASUGUR,
DIST: RAICHUR-584 101.
...APPELLANT
(BY SRI. SHIVANAND V PATTANASHETTI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
Digitally THROUGH PSI,
signed by
LAKSHMI T MUDGAL POLICE STATION,
DIST: RAICHUR-584 101.
Location:
High Court R/BY ADDL. SPP,
of Karnataka HIGH COURT OF KARNATAKA,
KALABURAGI BENCH-585 107.
2. BASAPPA
S/O GADDEPPA KORAVAR,
AGED ABOUT 56 YEARS,
OCC: KULA KASABU,
R/O NAGARAL,
TQ: LINGASUGUR,
DIST: RAICHUR-584 101.
...RESPONDENTS
-2-
NC: 2025:KHC-K:112
CRL.A No. 200323 of 2024
(BY SRI. SHABUDDIN JAMADAR, HCGP FOR R1;
SRI. MAHANTESH PATIL, ADVOCATE FOR R2)
THIS CRL.A. IS FILED U/S.14(A)(2) SC/ST (POA) ACT
PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED:
25.11.2024 PASSED IN CRL.MISC.NO.5414/2024 BY III
ADDITIONAL DISTRICT AND SESSIONS JUDGE, RAICHUR, AT
SINDHANUR AND TO GRANT THE REGULAR BAIL TO THE
APPELLANT/ACCUSED NO.2 IN SPECIAL C. NO. 5383/2024
(MUDUGAL PS CRIME NO.101/2024 DISTRICT RAICHUR)
PENDING ON THE FILE OF III ADDITIONAL DISTRICT AND
SESSIONS JUDGE, RAICHUR SITTING AT SINDHANUR, FOR
THE OFFENCES PUNISHABLE U/SECS. 109, 115(2), 118(2), 352
R/W 3(5) OF BNS-2023 (U/SEC.307, 323, 324, 504 R/W 34 OF
IPC) AND U/SEC.3(1)(r), 3(1)(s), 3(2)(va) OF SC/ST (PA) ACT
-2015.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ)
Heard the learned counsel for appellant, learned High
Court Government Pleader for the State and learned
counsel appearing for respondent No.2/defacto
complainant. Perused the material on record.
2. Appellant arraigned as accused No.2 has
preferred this appeal praying to set aside the order passed
NC: 2025:KHC-K:112
by the learned Sessions Judge dismissing his petition
seeking regular bail and consequently to enlarge him on
bail in Crime No.101/2024 of Mudgal Police Station,
pending in Spl.C.No.5380/2024 on the file of the Court of
III Additional District and Sessions Judge, Raichur (Sitting
at Sindhanur).
3. FIR was registered against seven accused
persons on a complaint lodged by respondent
No.2/Basappa namely the father of injured by name
Amaresh for offences punishable under Section 189(2),
191(1), 191(2), 191(3), 109, 133, 190 of BNS, 2023 and
Section 3(1)(r)(s), 3(2)(va) of SC & ST (Prevention of
Atrocities) Amendment Act, 2015.
4. On completion of investigation, while filing
charge sheet, the names of accused Nos.3 to 7 stated in
the FIR have been dropped and the charge sheet is filed
only against accused No.1 and 4 mentioned in the FIR.
NC: 2025:KHC-K:112
5. It is the case of prosecution that on
18.07.2024 at about 9.30 p.m., CWs.2 and 4 had been
to attend the call of nature and while returning to their
house, both the accused picked up quarrel with them,
abused them in filthy language referring to his caste and
stabbed with knife and also kicked him etc.
6. In the complaint lodged by Basappa, he has
alleged that one Amaresh son of Sangappa came and
informed him that few persons are assaulting his son
and his friend Yaseen and therefore he went to the spot
and saw the accused persons abusing and assaulting his
son. Based on the said information, initially case was
registered against seven accused persons. However,
during the course of investigation, statement of the
injured was recorded, according to whom, only two
accused named as accused Nos.1 and 4 in the FIR
committed the offence.
NC: 2025:KHC-K:112
7. A perusal of the statement of the injured goes
to show that accused No.1 assaulted him with a knife
whereas accused No.2 abused him in filthy language and
then kicked him on account of which he sustained injury to
his right thumb.
8. The learned counsel appearing for respondent
No.2 has contended that as per wound certificate, the
injury sustained by the injured are grievous in nature and
he has sustained fracture of 1st Metacarpal in the right
hand which correspond to the assault made by the present
appellant. He has therefore contended that there is a
prima facie case against the appellant and therefore, he is
not entitled for bail.
9. Learned counsel for appellant on the other hand
would contend that FIR was registered against seven
accused persons by falsely implicating them by the father
of injured and that itself shows that its a false case foisted
against the petitioners. He contended that due to previous
NC: 2025:KHC-K:112
enmity, the petitioners are implicated in this case and
even accepting the statement of injured, the appellant
herein has not assaulted the injured with any weapon. He
contended that the charge sheet is already filed and
therefore, by imposing conditions the appellant may be
admitted to bail.
10. As per the wound certificate, injured has
sustained the following injuries:
(i) Cut and lacerated wound over throat measuring
10 cm in length and 1.5 - 2 cm deep with major vessel
damage (Carotid and angular veins)
(ii) Fracture base of 1st metacarpal of right hand.
11. According to prosecution the present appellant
arraigned as accused No.2 in the charge sheet has abused
the injured using filthy language referring to his caste and
kicked him on account of which he sustained injuries to his
right thumb. Injured is already discharged from hospital.
It cannot be said that there was any intention on the part
NC: 2025:KHC-K:112
of the appellant herein to take away the life of the injured.
Charge sheet is filed. Appellant has no criminal
antecedents.
12. The learned Sessions Judge has observed that
both are residents of same village and therefore, if bail is
granted, accused may threaten the victim and may repeat
the offence. The said apprehension can be safeguarded by
imposing stringent conditions. Hence, the following:
ORDER
1. The appeal is allowed.
2. The order dated 25.11.2024 passed by the Court
of the III Additional District and Sessions Judge, Raichur,
Sitting at Sindhanur in Crl.Misc.No.5414/2024 is set aside.
3. The appellant/accused No.2 is ordered to be
released on bail in SPl.C.No.5383/2024 (Crime
No.101/2024) of Mudgal Police Station, Raichur, subject to
following conditions:
NC: 2025:KHC-K:112
i. Appellant shall execute a personal
bond of Rs.50,000/-(Rupees Fifty Thousand
only) with two sureties for the likesum to the
satisfaction of the learned Sessions Judge.
ii. He shall furnish proof of his
residential address and shall inform the
I.O./Court, in case of change in the address;
iii. He shall not tamper with the
prosecution witnesses directly or indirectly;
iv. He shall not leave the jurisdiction of
the trial court, without the prior permission of
the learned Sessions Judge;
v. He shall not intimidate or threaten the
complainant or the injured in any manner;
vi. He shall appear before the trial court
on all dates of hearing without fail;
NC: 2025:KHC-K:112
vii. He shall not indulge himself in any
criminal activities.
Violation of any of the above conditions shall lead to
cancellation of bail.
Sd/-
(MOHAMMAD NAWAZ)
JUDGE
HB/-
