Karnataka High Court
Zuber S/O Sayyed Mahamood Khazi vs The State Of Karnataka on 7 March, 2025
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CRL.A No. 200047 of 2025
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 7TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR. JUSTICE S RACHAIAH
CRIMINAL APPEAL NO.200047 OF 2025 (U/S 14-A(2))
BETWEEN:
SRI ZUBER S/O SAYYED MAHAMOOD KHAZI,
AGED ABOUT 19 YEARS, OCC: BUSINESS,
R/O. BHARAPETH GALLI, INDI TALUK,
DIST. VIJAYPUR.
...APPELLANT
(BY SRI S. S. MAMADAPUR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
Digitally signed THROUGH PSI INDI POLICE STATION,
by RENUKA REP BY ITS ADDL. STATE PUBLIC PROSECUTOR,
Location: HIGH ADVOCATE GENERAL'S OFFICE,
COURT OF HIGH COURT BUILDING,
KARNATAKA KALABURAGI.
2. SRI DHAMU S/O GENU JADHAV,
AGED ABOUT 43 YEARS, OCC: BUSINESS,
R/O. INGALAGI TANDA-1,
TQ.INDI, DIST.VIJAYPUR.
...RESPONDENTS
(BY SRI JAMADAR SHAHABUDDIN, HCGP FOR R1;
SRI MAHANTESH PATIL, ADVOCATE FOR R2)
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NC: 2025:KHC-K:1500
CRL.A No. 200047 of 2025
THIS CRL.A IS FILED U/SEC. 14-A(2) OF SC/ST (PA) ACT,
PRAYING TO SET ASIDE THE ORDER DATED 28-01-2025
PASSED BY THE II ADDL. DISTRICT AND SESSIONS
JUDGE/SPECIAL JUDGE, VIJAYAPUR IN CRIMINAL MISC
NO.1948/2024 AND ENLARGE HIM ON BAIL IN INDI POLICE
STATION, CRIME NO. 56/2024 REGISTERED FOR THE OFFENCE
PUNISHABLE UNDER SECTION 61(2), 49, 126(2), 103(1)(2),
351(2), 352, 238 R/W SECTION 190 OF BNS 2023 AND
SECTION 3(2)(v) OF SC/ST (POA) ACT ON THE FILE OF
HON'BLE II ADDL. DISTRICT AND SESSIONS JUDGE AND
SPECIAL JUDGE, VIJAYAPUR ON SUCH TERMS AND
CONDITIONS AS THIS HON'BLE COURT DEEMS FIT TO IMPOSE
UPON HIM.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S RACHAIAH
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE S RACHAIAH)
This appeal is filed by the appellant/accused No.5
being aggrieved by the order dated 28.01.2025 passed in
Crl.Misc.No.1948/2024 by the learned II Additional District
and Sessions and Special Judge, Vijayapur.
Brief facts of the case are:
2. It is the case of the prosecution that a written
complaint came to be registered by respondent No.2
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stating that on 29.11.2023, quarrel had taken place
between deceased Sanket, Satish and Dhanaraj. The
deceased Sanket had assaulted both Satish and Dhanaraj
with knife and caused injuries to them. The matter was
settled between them and the complainant had paid
compensation of Rs.1,80,000/- to the injured persons.
Thereafter, due to the said incident, the accused Nos.1 to
3 were waiting for an opportunity to take revenge against
the old quarrel that had taken place between the deceased
and themselves.
3. It is stated that on 14.09.2024, accused Nos.1
to 3 and another have assaulted the deceased Sanket
when he was proceeding on his motorcycle along with
CW.16. In the said incident, Sanket had sustained injuries
and succumbed to the said injures. A complaint came to
be registered by the father of the deceased against
accused Nos.1 to 3 and another. The jurisdiction police
have registered a case against accused Nos.1 to 3 and
another in Crime No.56/2024 for the offences under
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Sections 61(2), 49, 126(2), 103(1)(2), 351(2), 352, 238
read with Section 190 of BNS, 2023 and under Section
3(2)(v) of SC/ST (POA) Act.
4. During the investigation, the name of this
appellant was inserted in the charge sheet on the basis of
the voluntary statement of accused No.1.
5. Heard learned counsel Sri S.S.Mamadapur for
the appellant, learned High Court Government Pleader
Sri Jamadar Shahabuddin for respondent No.1 and learned
counsel Sri Mahantesh Patil for respondent No.2.
6. It is the submission of learned counsel for the
appellant that the appellant is innocent of the alleged
offences and he has been falsely implicated in this case.
Though there are some allegations against the appellant
that he had instigated accused Nos.1 and 2 to eliminate
the deceased and handed over the knife to commit his
murder, there is no proof in that regard.
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7. It is further submitted that based on the
voluntary statement of accused No.1, a case has been
registered against accused No.1, however, it cannot be
sustained as it is contrary to the settled principle of law.
Therefore, the appellant may be enlarged on bail by
imposing suitable conditions.
8. Per contra, learned High Court Government
Pleader though has opposed the submission of learned
counsel for the appellant, he has not made out a case to
deny the bail to the appellant. Therefore, the submission
of learned High Court Government Pleader cannot be
sustained.
9. Having heard the learned counsel for respective
parties and on perusal of the averments of the complaint
and charge sheet, it appears from the records that the
appellant has been arrayed as accused No.5 in the charge
sheet. However, it has been come on record on the basis
of the voluntary statement of accused No.1. There is no
evidence to show that he instigated the others to eliminate
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the deceased. Hence, it is appropriate to grant him bail
without adverting to the merits of the case.
10. Hence, I proceed to pass the following:
ORDER
The appeal is allowed.
The impugned order passed by the learned II
Additional District and Sessions and Special Judge,
Vijayapur in Crl.Misc.No.1948/2024 dated 28.01.2025 is
set aside.
The appellant is directed to be enlarged on bail in
Crime No.56/2024 of Indi Police Station, Vijayapur,
registered for the offences punishable under Sections
61(2), 49, 126(2), 103(1)(2), 351(2), 352, 238 read with
Section 190 of BNS, 2023 and under Section 3(2)(v) of
SC/ST (POA) Act, subject to the following conditions:
a) The appellant shall execute personal bond for a
sum of Rs.1,00,000/- with one surety for the
likesum, to the satisfaction of the jurisdictional
Court.
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b) The appellant shall not threaten the prosecution
witnesses.
c) The appellant shall not hamper the Court
proceedings.
d) The appellant shall not leave the jurisdiction of
the Court till disposal of the case.
e) The appellant shall not involve in any other
criminal cases or such similar cases in future till
disposal of the present case.
Sd/-
(S RACHAIAH)
JUDGE
SRT
CT:PK
