Karnataka High Court
Nagesh @ Nagaraj vs The State Of Karnataka on 24 March, 2025
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NC: 2025:KHC-K:1855
CRL.A No. 200078 of 2025
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 24TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR. JUSTICE S RACHAIAH
CRIMINAL APPEAL NO.200078 OF 2025 (U/S 14-A(2))
BETWEEN:
NAGESH @ NAGARAJ
S/O VIJAYAKUMAR MOKALAJI,
AGE:23 YEARS, OCC: COOLIE,
R/O. AKKAMAHADEVI NAGAR, INDI,
DIST.VIJAYAPURA-586209.
...APPELLANT
(BY SRI R. S. LAGALI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
Digitally signed THROUGH THE SHO / PSI, INDI PS,
by RENUKA REP. BY THE ADDL. STATE PUBLIC PROSECUTOR,
Location:
HIGH COURT HIGH COURT OF KARNATAKA,
OF KALABURAGI-585 103.
KARNATAKA
2. DHAMU S/O GANU JADHAV,
AGE:43 YEARS, OCC: HOTEL EMPLOYEE,
R/O. INGALAGI LT NO.1, TQ.INDI,
DIST. VIJAYAPURA-586 209.
...RESPONDENTS
(BY SRI JAMADAR SHAHABUDDIN, HCGP FOR R1;
R2 SERVED)
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NC: 2025:KHC-K:1855
CRL.A No. 200078 of 2025
THIS CRL.A IS FILED U/SEC. 14-A(2) OF SC/ST (PA) ACT,
PRAYING TO ALLOW THIS APPEAL AND SET ASIDE THE ORDER
DT. 28-01-2025 PASSED IN CRL.MISC NO.26/2025 BY THE
HON'BLE II ADDL. DISTRICT AND SESSIONS JUDGE AND
SPECIAL JUDGE VIJAYAPURA AND THEREBY ORDER THE
RELEASE OF THE APPELLANT N BAIL IN SPECIAL CASE (SC/ST)
NO. 74/2024 (ARISING OUT OF INDI PS CRIME NO. 56/2024)
FOR THE OFFENCE PUNISHABLE U/S 61(2), 49, 126(2),
103(1)(2), 351(2), 352, 238 R/W S. 190 OF BHARATIYA NYAYA
SANHITA, 2023 AND SEC. 3(2)(v) OF SC/ST (PREVENTION OF
ATROCITIES) ACT, PENDING ON THE FILE OF HON'BLE II
ADDL. DISTRICT AND SESSIONS JUDGE AND SPECIAL JUDGE
VIJAYAPURA.
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.6
being aggrieved by the order dated 28.01.2025 passed in
Crl.Misc.No.26/2025 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 jurisdictional 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 R.S.Lagali for the
appellant and the learned High Court Government Pleader
Sri Jamadar Shahabuddin for the respondent No.1. The
respondent No.2 is served and unrepresented.
6. It is the submission of learned counsel for the
appellant is 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 assisted accused Nos.1 to 5 to eliminate the
deceased, there is no proof in that regard.
7. It is further submitted that based on the
voluntary statement of accused No.1, a case has been
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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 the charge sheet, it appears from the records that the
appellant has been arrayed as accused No.6 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 assisted the others to eliminate
the deceased. Hence, it is appropriate to grant him bail
without adverting to the merits of the case.
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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.26/2025 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.
b) The appellant shall not threaten the prosecution
witnesses.
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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
