Karnataka High Court
Ravi vs The State Of Karnataka And Anr on 24 January, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2025:KHC-K:473
CRL.A No. 200293 of 2024
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 24TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL APPEAL NO. 200293 OF 2024 (U/S 14 (A))
BETWEEN:
RAVI S/O KANTAPPA TALAWAR
AGE: 24 YEARS, OCC: COOLIE,
R/O. HIRE-RUGI,
TQ.INDI, DIST.VIJAYAPURA - 586101
...APPELLANT
(BY SRI SANJAY A. PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THROUGH POLICE JALNAGAR P.S. POLICE STATION,
GOLGUMBAZ CIRCLE,
Digitally signed
by SHILPA R DIST.VIJAYAPURA - 586101
TENIHALLI REPRESENTED BY ADDL. SPP,
Location: HIGH HIGH COURT OF KARNTAKA,
COURT OF KALABURAGI BENCH - 585103
KARNATAKA
2. LAXMAN S/O AMEENAPPA HALLI
AGE: 66 YEARS, OCC: COOLIE
R/O. NEGINAL,
TQ. BASAVANA BAGEWADI DIST. VIJAYAPURA -
586101
...RESPONDENTS
(BY SMT. MAYA T.R., HCGP FOR R1
R2 SERVED)
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NC: 2025:KHC-K:473
CRL.A No. 200293 of 2024
THIS CRL.A IS FILED U/SEC. 14(A) PREVENTION OF
ATROCITIES OF SC/ST(AMENDMENT) ACT 2015, PRAYING TO
SET ASIDE THE ORDER DATED 30-10-2024 PASSED IN CRL.
MISC NO. 1634/2024 ON THE FILE OF II ADDL. DISTRICT AND
SESSIONS AND SPECIAL JUDGE VIJAYAPURA AND THEREBY
ENLARGE THE APPELLANT/ACCUSED NO. 2 ON BAIL IN CRIME
NO. 45/2022 PENDING IN SPL.(SC/ST) NO. 36/2022 ON THE
FILE OF II ADDL. DISTRICT AND SESSIONS AND SPECIAL
JUDGE VIJAYAPURA, CHARGE SHEETED FOR THE OFFENCES
PUNISHABLE U.SECS. 302 R/W 34 OF IPC AND SEC. 3(2) (v-a)
OF SC/ST AMENDEMENT ACT, 2015 REGISTERED ARISING OUT
OF CRIME NO. 45/2022 REGISTERED BY JALNAGAR POLICE
STATION, DIST VIJAYAPURA.
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)
1. Accused No.2 in Special Case (SC/ST) No.36/2022
pending before the court of II Addl. District and Sessions
and Special Judge, Vijayapura arising out of Crime
No.45/2022 registered by Jalanagar Police Station,
Vijayapura for offences punishable under Sections 302 r/w
34 of IPC and section 3(2)(v-a) of the Scheduled Castes
and Scheduled Tribes (Prevention of Atrocities) Act, 1989,
is before this court in appeal filed under Section 14(A) of
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the Prevention of Atrocities of SC/ST (Amendment) Act
2015, assailing the Order dated 30.10.2024 passed by the
court of II Addl. District & Sessions & Special Judge,
Viajayapura in Crl.Misc.No.1634/2024.
2. Heard the learned counsel for the appellant and
learned High Court Government Pleader for respondent
No.1.
3. Respondent No.2 who is served in the matter has
remained unrepresented before this Court.
4. FIR in Crime No.45/2022 was registered by
Jalanagara Police Station for the offences punishable under
Section 302 r/w section 34 of IPC against Smt. Rajeshwari
and others on the basis of the first information dated
10.06.2022 received from Ameenappa father of deceased
Prakash.
5. During the course of investigation, appellant herein
who was arrayed as accused No.2 in the FIR was arrested
on 11.06.2022 and remanded to judicial custody.
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6. Investigation of the case is completed and charge
sheet was filed against 3 persons. Appellant is arrayed as
accused No.2 in the charge sheet. Bail application filed by
him before the jurisdictional Sessions Court in
Crl.Misc.No.1634/2024 was rejected on 30.10.2024.
Therefore, he is before this Court in this appeal.
7. Learned counsel for the appellant submits that
material charge sheet witnesses CW.8, 9 & 10 have been
already examined in the present case. Appellant is in
custody for the last more than two and a half years.
Accused No.1 has been granted regular bail by this court
in Crl.P.No.200767/2024. Accordingly he prays to allow
appeal.
8. Per contra, learned High Court Government Pleader
has opposed the prayer made in the appeal. She submits
that in the event appellant is enlarged on bail, he is likely
to tamper with the prosecution witnesses. Accordingly,
she prays to dismiss the appeal.
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9. FIR in Crime No.45/2022 was registered against
accused persons since the first informant suspected the
hand of the accused persons in the death of his son
Prakash. During the course of investigation, appellant
herein was arrested on 11.06.2022. He is in custody for
the last more than two and a half years. Accused No.1
has been granted regular bail by this court in
Crl.P.No.200767/2024. Entire case of the prosecution is
based on circumstantial evidence. The material charge
sheet witnesses have been already examined in the
present case and therefore there cannot be any
apprehension that, the material charge sheet witnesses
are likely to be tampered. Out of 32 charge sheet
witnesses only 11 have been examined till date.
10. Under the circumstances, I am of opinion that
appellant's prayer for grant of regular bail needs to be
answered affirmatively. Accordingly, the following order:
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ORDER
Criminal Appeal is allowed.
The order dated 30.10.2024 passed by the court of II
Addl. District & Sessions & Special Judge, Viajayapura in
Crl.Misc.No.1634/2024, is hereby set aside.
The appellant-accused No.2 is directed to be
enlarged on bail in Crime No.45/2022 registered by
Jalanagar Police Station, Vijayapura for offences
punishable under Sections 302 r/w 34 of IPC and section
3(2)(v-a) of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989 pending in Special
Case (SC/ST) No.36/2022 on the file of the II Addl.
District and Sessions and Special Judge, Vijayapura,
subject to the following conditions:
a) The appellant-accused No.2 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;
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b) The appellant-accused No.2 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-accused No.2 shall not directly or
indirectly threaten or tamper with the
prosecution witnesses;
d) The appellant-accused No.2 shall not involve in
similar offences in future;
e) The appellant-accused No.2 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
DHA
CT:PK
