Karnataka High Court
Veerasheety vs The State And Anr on 23 January, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
-1-
NC: 2025:KHC-K:421
CRL.A No. 200301 of 2024
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 23RD DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL APPEAL NO.200301 OF 2024 (U/S 14 (A))
BETWEEN:
VEERASHEETY S/O NINGARAJ NIMBURE,
AGE: 29 YEARS, OCC:AGRICULTURE,
R/O. MEGHANAWADI, TQ.CHITGUPPA
BIDAR-585412.
...APPELLANT
(BY SRI VISHAL PRATAP SINGH, ADVOCATE)
AND:
1. THE STATE THROUGH MANNAEKHELLI PS,
CHITGUPPA, BIDAR
REPRESENTED BY ADDL. SPP
Digitally signed HIGH COURT KALABURAGI BENCH
by SHILPA R
TENIHALLI KALABURAGI-585412.
Location: HIGH
COURT OF 2. NEELKANTH S/O MALLIKARJUN RAJGIRE,
KARNATAKA AGE: 19 YEARS, OCC:AGRICULTURE,
R/O NIRNAWADI CHITAGUPPA, BIDAR - 585412
...RESPONDENTS
(BY SMT. MAYA T.R., HCGP FOR R1
R2 SERVED)
THIS CRL.A IS FILED U/SEC. 14-A(2) OF SC/ST (PA) ACT,
PRAYING TO THE PETITIONER/ APPELLANT ARRAIGNED AS
ACCUSED NO.3 IN CRIME NO.05/2024 REGISTERED BY THE
-2-
NC: 2025:KHC-K:421
CRL.A No. 200301 of 2024
MANNEKHALLI PSI BIDAR AND CHARGED WITH OFFENCES
PUNISHABLE U/S 143, 147, 148, 341, 307, 324, 302, 504, 506
R/W 149 OF THE IPC A/W S. 3(2)(v) AND 3(2)(va) OF SC/ST
(POA) ACT MOST RESPECTFULLY AND HUMBLY PRAYS THIS
HON'BLE COURT TO SET ASIDE THE ORDER DATED 24.07.2024
IN CRL.MISC.NO.5158/2024 AND TO GRANT THE RELIEF OF
REGULAR BAIL TO PETITIONER/ APPELLANT.
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.3 in Special Case No.5009/2024, pending
before the Court of II Additional District and Sessions
Judge, Bidar, sitting at Basavakalyan, arising out of Crime
No.5/2024, registered by Manna Ekhelli Police Station,
Bidar, for offences punishable under Sections 143, 147,
148, 302, 307, 324, 341, 504, 506 read with Section 149
of IPC and Sections 3(2)(v) and 3(2)(va) of Scheduled
Caste and Scheduled Tribe (Prevention of Atrocities) Act,
1989 (for short 'Act of 1989), is before this Court in this
NC: 2025:KHC-K:421
appeal filed under Section 14-A(2) of the Act of 1989,
assailing the order dated 24.07.2024 passed in
Crl.Misc.No.5158/2024 by the Court of II Additional
District and Sessions Judge, Bidar, sitting at
Basavakalyan.
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 this Court.
3. FIR in Crime No.5/2024 was registered by
Manna Ekhelli Police Station, Bidar, for the aforesaid
offences against one Lingaraj and others on the basis of
the first information dated 10.01.2024 received from
Nilakanth, who is the son of deceased Mallikarjun. The
appellant herein is arrayed as accused No.3 in the FIR.
During the course of investigation, he was arrested on
11.01.2024 and remanded to judicial custody. The
investigation of the case is completed and charge sheet
has been filed against 10 accused persons. The appellant
NC: 2025:KHC-K:421
is arrayed as accused No.3 in the charge sheet. The bail
application filed by the appellant before the jurisdictional
Sessions Court in Crl.Misc.No.5158/2024 was rejected on
24.07.2024. Therefore, he is before this Court.
4. Learned counsel for the appellant submits that
accused No.2 has been granted regular bail by this Court
in Criminal Appeal No.200169/2024 and accused Nos.4, 5,
6 and 10 have been granted regular bail by this Court in
Criminal Appeal Nos.200223/2024, 200217/2024 and
200224/2024. The appellant has no other criminal
antecedents. Accordingly, he prays to allow the appeal.
5. Per contra, learned High Court Government
Pleader appearing for respondent No.1 has opposed the
prayer made in the appeal. He does not dispute the
submission made by learned counsel for the appellant.
6. Perusal of the material available on record
would go to show that allegation of assaulting deceased
Mallikarjun on his head with an axe is found only as
against accused No.1 and the postmortem report of
NC: 2025:KHC-K:421
deceased Mallikarjun would go to show that cause of death
was due to intracranial and subdural hemorrhage
secondary to head injury. As per the charge sheet,
appellant/accused No.3 had allegedly assaulted CW.1, who
is the injured in the present case with the machete
causing blood oozing injuries and he also had assaulted
deceased Mallikarjun with the very same machete.
However, there is no specific allegation as against
appellant/accused No.3 that he had assaulted Mallikarjun
with the machete on his head. Considering that no
allegation is found as against any other accused persons
about assaulting Mallikarjun on his head with any deadly
weapon, this Court has granted regular bail to accused
No.2 and other accused persons in the aforesaid criminal
appeals. Undisputedly, the appellant herein has no other
criminal antecedents and he is in custody from
11.01.2024. Therefore, I am of the opinion that the prayer
made by the appellant for grant of regular bail needs to be
answered affirmatively. Accordingly, following order is
passed:
NC: 2025:KHC-K:421
ORDER
The appeal is allowed.
The impugned order passed by the Court of II
Additional District and Sessions Judge, Bidar, sitting at
Basavakalyan in Crl.Misc.No.5158/2024 dated 24.07.2024
is set aside.
The appellant/accused No.3 in Special Case
No.5009/2024 is directed to be enlarged on bail in Crime
No.5/2024 of Manna Ekhelli Police Station, Bidar,
registered for the offences punishable under Sections143,
147, 148, 302, 307, 324, 341, 504, 506 read with Section
149 of IPC and Sections 3(2)(v) and 3(2)(va) of Scheduled
Caste and Scheduled Tribe (Prevention of Atrocities) Act,
1989, pending before the Court of II Additional District
and Sessions Judge, Bidar, sitting at Basavakalyan, subject
to the following conditions:
a) Appellant shall execute personal bond for a sum
of Rs.1,00,000/- with two sureties for the
NC: 2025:KHC-K:421
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
