Karnataka High Court
Heena Kousar W/O. Rajesab Yeligar vs The State Of Karnataka on 27 March, 2025
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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NC: 2025:KHC-D:5650
CRL.A No. 100041 of 2025
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 27TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL NO.100041 OF 2025
BETWEEN:
HEENA KOUSAR W/O. RAJESAB YELIGAR,
AGE: 32 YEARS, OCC: HOUSEWIFE,
R/O: GALAGALI, TQ: BILAGI,
DIST: BAGALKOT, PIN - 587 117.
...APPELLANT
(BY SRI. RAKESH S. HATTIKATAGI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
BY BILAGI POLICE,
REP. BY THE STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH - 580 011.
2. SUJATA W/O. RAMESH KATTIMANI,
AGE: 32 YEARS,
Digitally signed by OCC: PUBLIC SECTOR UNDERTAKING,
MOHANKUMAR B
SHELAR R/O: GALAGALI, TQ: BILAGI,
Location: High
Court of
Karnataka,
DIST: BAGALKOT, PIN - 587 117.
Dharwad Bench,
Dharwad ...RESPONDENTS
(BY SRI. ABHISHEK MALIPATIL, HCGP FOR R1;
R2 - SERVED)
THIS CRIMINAL APPEAL IS FILED U/S 14 A(2) OF SC AND ST
ACT (PREVENTION OF ATROCITIES), ACT, PRAYING TO ALLOW THE
APPEAL AND ORDER TO RELEASE THE APPELLANT ON BAIL IN BILAGI
P.S.CR.NO.212/2024 FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 305, 115(2), 352 OF BHARATIYA NYAYA SANHITA, 2023
AND SECTION 3(1)(r)(s) OF THE SC AND ST (PREVENTION OF
ATROCITIES) AMENDMENT ACT, 2015 BY SETTING ASIDE THE
ORDER DATED 07.01.2025 ON THE FILE OF II ADDITIONAL
DISTRICT AND SESSIONS JUDGE, BAGALKOTE, IN YHE INTEREST OF
JUSTICE AND EQUITY.
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NC: 2025:KHC-D:5650
CRL.A No. 100041 of 2025
THIS CRIMINAL APPEAL, COMING ON FOR ADMISSION, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL JUDGMENT
This appeal is filed by the sole appellant praying to
set aside the order dated 07.01.2025 passed by the II
Additional District and Sessions Judge, Bagalkote
registered by the Bilagi Police Station in Crime
No.212/2024, where under the bail application of the
appellant filed for offences punishable under Sections
115(2), 305 and 352 of Bharatiya Nyaya Sanhita, 2023
[hereinafter referred to as 'BNS' for short] and Section
3(1)(r)(s) of the SC and ST (Prevention of Atrocities) Act,
2015 [hereinafter referred to as 'SC and ST Act' for short]
came to be rejected.
2. Heard the learned counsel for the appellant-
accused and the learned High Court Government Pleader
for respondent No.1-State. Respondent No.2 is present
and prays not to grant bail to the appellant.
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3. The case of the prosecution is that, on
24.10.2024 at about 1:15 PM, the appellant-accused
called the complainant's daughter to play Ludo game and
when they were playing Ludo game, the appellant-accused
under the guise of attending first call of nature went to the
complainant's house and checked the treasury and stolen
the cash of ₹1,11,500/- and Gold ring of 5 Gms worth
₹35,000/- and at that time, the complainant's daughter
came to her house and saw this accused carrying the cash
in her bag and articles in the house were scattered. On the
same day, at about 7:45 PM, when the complainant went
to the house of the accused to ask about the alleged
incident, the accused abused the complainant by taking
her caste, slapped her and assaulted on her neck, and at
that time, husband of the complainant tried to separate
the accused and the accused assaulted him. The said
complaint filed by the respondent No.2 has been
registered in Crime No.212/2024 for the aforesaid
offences.
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4. The police after investigation have filed charge
sheet for offences punishable under Sections 305, 115(2),
238, 352 of the BNS and Sections 3(1)(r)(s) and 3(2)(va)
of the SC and ST Act. The appellant who is in judicial
custody has filed bail application before the Special Court
and same came to be rejected by the impugned order. The
said order has been challenged in this appeal.
5. Learned counsel for the appellant would
contend that there is no recovery of any cash and gold
ring from the possession of appellant. There is delay of six
days in filing first information. As charge sheet is filed,
this appellant -accused is not required for custodial
interrogation. The appellant -accused is having three
years old daughter who is with the appellant -accused in
custody. Without considering these aspects, the learned
Special Judge has passed impugned order which requires
interference by this Court. With these he prays to allow
the appeal and grant of bail to the appellant -accused.
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6. Learned High Court Government Pleader for
respondent No.1 -State would contend that there is eye
witness to the alleged theft i.e. daughter of the
complainant (C.W.6) and there are other eye witnesses
with regard to the incident of assault which taken place in
the evening. Charge sheet materials show prima facie case
against the appellant -accused for the offences alleged
against her. With these, he prays for dismissal of the
appeal.
7. Having heard learned counsels, this Court has
perused the impugned order and other materials placed on
record.
8. The appellant has been arrested on 20.12.2024
and she is in judicial custody. It is stated that appellant is
having three years old daughter who is also with the
appellant -accused in the custody. The offences alleged
against the appellant are triable by Magistrate except
Section 3 of the SC and ST Act. There is no recovery of
theft articles from the possession of appellant -accused.
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There is delay of six days in filing first information and
there is no explanation in the complaint regarding the
delay. As charge sheet is filed, this appellant -accused is
not required for custodial interrogation. The appellant is
lady having three years old daughter. Considering all
these aspects, the appellant -accused has made out
grounds for setting aside the impugned order and grant of
bail.
In the result, the following
ORDER
i) The appeal is allowed.
ii) The impugned order dated 07.01.2025 passed
in Crime No.212/2024 of Bilagi Police Station is
set aside.
iii) The bail application filed by the appellant -
accused in respect of Crime No. 212/2024 of
Bilagi Police Station is allowed and the
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appellant -accused is granted bail subject to
the following conditions:
a) The appellant -accused shall
execute a personal pbond for a sum
of Rs.1,00,000/- with one surety
for the like sum to the satisfaction
of the Special Court.
b) The appellant -accused shall not
threaten the prosecution witnesses.
c) The appellant -accused shall
appear before the trial Court on all
dates of hearing unless exempted
and co-operate in speedy disposal
of the case.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
PJ, DSP/CT-ASC
