Karnataka High Court

Mallappa S/O. Shivappa Huddar vs The State Of Karnataka on 1 September, 2025

Author: S.Vishwajith Shetty

Bench: S.Vishwajith Shetty

                                                          -1-
                                                                    NC: 2025:KHC-D:11129
                                                                CRL.A No. 100442 of 2025


                               HC-KAR




                              IN THE HIGH COURT OF KARNATAKA, AT DHARWAD

                               DATED THIS THE 1ST DAY OF SEPTEMBER, 2025

                                                    BEFORE

                              THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY

                                   CRIMINAL APPEAL NO. 100442 OF 2025
                                        (U/S 14 A(2) OF SC AND ST ACT)


                              BETWEEN:

                              1.   MALLAPPA S/O. SHIVAPPA HUDDAR,
                                   AGE. 30 YEARS, OCC. AGRICULTURE,
                                   R/O. SHIROL, TQ. MUDHOL,
                                   DIST. BAGALKOT-587 313.


                              2.   RAJU @ KADAPPA
                                   S/O. MALLAPPA MUCHANDI @ BADAGI,
                                   AGE. 37 YEARS, OCC. AGRICULTURE,
                                   R/O. SHIROL, TQ. MUDHOL,
           Digitally signed
           by RAKESH S
                                   DIST. BAGALKOT-587 313.
RAKESH HARIHAR
        Location: HIGH
S       COURT OF
HARIHAR KARNATAKA
           DHARWAD
           BENCH              3.   SHAN KAREPPA S/O. JATTEPPA GUDADINNI,
                                   AGE. 37 YEARS, R/O. TORAVI-586 108,
                                   TQ. AND DIST. VIJAYAPUR.
                                                                            ... APPELLANTS

                              (BY SRI. JAMBANAGOUD BASAVARAJ, ADVOCATE)

                              AND:

                              1.   THE STATE OF KARNATAKA
                                   (THROUGH MUDHOL P.S.),
                            -2-
                                        NC: 2025:KHC-D:11129
                                 CRL.A No. 100442 of 2025


HC-KAR




     R/BY ITS STATE PUBLIC PROSECUTOR,
     HIGH COURT OF KARNATAKA,
     BENCH AT DHARWAD-580 011.


2.   YALLAPPA S/O. BHARAMAPPA TALAGERI,
     AGE. 42 YEARS, OCC. AGRICULTURE,
     R/O. SHIROL-587 313, TQ. MUDHOL,
     DIST. BAGALKOT.
                                             ... RESPONDENTS

(BY SMT. KIRTILATA R. PATIL, HCGP FOR R1;
     SMT.MONORAJNINI THOMASKUNDAL, ADVOCATE FOR R2)

      THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14A(2)
OF SC/ST (POA) ACT, PRAYING TO ALLOW THIS APPEAL, SET
ASIDE THE ORDER DATED 30.06.2025 PASSED           IN SPL. C.
NO.03/2020 AND ENLARGE THE APPELLANTS/ACCUSED NOS.1,
14 AND 15 ON REGULAR BAIL PENDING ON THE FILE OF IV
ADDITIONAL DISTRICT AND SESSIONS JUDGE AT BAGALKOT,
CHARGE SHEETED FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 302, 120(B), 143, 147, 148, 120(B) R/W 149 OF IPC
AND UNDER SECTION 3(2) (VA) OF SC/ST ACT 1989, IN SO FAR
APPELLANTS ARE CONCERNED ONLY, IN THE INTEREST OF
JUSTICE AND EQUITY.


      THIS APPEAL, COMING ON FOR ORDERS THIS DAY,
JUDGMENT IS DELIVERED THEREIN AS UNDER:
                                -3-
                                           NC: 2025:KHC-D:11129
                                      CRL.A No. 100442 of 2025


HC-KAR




                        ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)

1. Accused nos.1, 14 & 15 in Spl. Case No.3/2020 pending

before the Court of IV Addl. District & Sessions Judge, Bagalkot,

arising out of Crime No.160/2019 registered by Mudhol Police

Station, Bagalkot District, for the offences punishable under

Sections 143, 147, 148, 120B, 302, 149 of IPC and Sections

3(2)(v-a) of the SC/ST (Prevention of Atrocities) Act, 1989, are

before this Court in this successive appeal seeking regular bail.

2. Heard the learned Counsel for the parties.

3. FIR in Crime No.160/2019 was registered by Mudhol Police

Station, Bagalkot District, against 13 persons based on the first

information dated 15.10.2019 received from Yallappa Talageri.

During the course of investigation, appellants herein were

arrested on 16.10.2019 and subsequently remanded to judicial

custody. After completing investigation, charge sheet has been

filed against the appellants herein and others for the alleged

offences. Their bail application filed before the Trial Court was

earlier rejected, and therefore, the appellant nos.2 & 3 had

NC: 2025:KHC-D:11129

HC-KAR

approached this Court in Crl.P.No.100934/2020 c/w

Crl.P.No.100845/2020 which were dismissed on 07.11.2020

taking into consideration that CWs-16 & 17 who are minor girls

aged about 13 & 9 years, respectively, are eye-witnesses to the

incident in question in which two persons viz., Vittal Baramappa

Talageri and Malleppa Santappa Talager were brutally murdered

by the appellants herein. Subsequently, accused no.1 had filed

Crl.A.No.100360/2022 which was dismissed by a coordinate

bench of this Court by a detailed order dated 19.09.2022.

Thereafter, appellants had approached this Court in

Crl.A.No.100290/2023 which was dismissed on merits taking into

consideration the earlier orders passed in Crl.P.No.100934/2020

c/w Crl.P.No.100845/2020 and Crl.A.No.100360/2022.

Thereafter, appellant no.3 had filed Crl.A.No.100231/2024 which

was once again dismissed by order dated 20.09.2024 observing

that the appellant is at liberty to file a fresh petition before the

Sessions Court seeking bail on the ground of delay in conducting

the trial. Thereafter, the accused persons had filed fresh bail

application before the Trial Court seeking bail on the ground of

delay in trial. The said application was rejected by the Trial Court

NC: 2025:KHC-D:11129

HC-KAR

by order dated 30.06.2025. It is under these circumstances, the

appellants are before this Court.

4. Learned Counsel for the appellants submits that the

appellants are in custody from 16.10.2019. Till date, only 27

charge-sheet witnesses are examined out of the 139 charge-

sheet witnesses cited in the present case. He submits that trial in

the case is not likely to be completed in the near soon, and

therefore, on the ground of delay in trial, the prayer for grant of

regular bail needs to be allowed. In support of his arguments, he

has placed reliance on the judgments of the Hon'ble Supreme

Court in SLP (Crl.) No.6505/2023 (PRAVEEN RATHORE VS THE

STATE OF RAJASTHAN & ANR.) disposed of on 06.10.2023,

BHARAT JAYAWANT KURANE VS STATE OF KARNATAKA -

MANU/KA/3372/2024, and the orders passed by this Court in

Crl.P.No.927/2023 c/w Crl.P.No.9417/2023, Crl.P.No.9465/2023

disposed of on 16.07.2024.

5. It is the case of the prosecution that on 08.05.2019, the

people belonging to upper community in Shirol village had

trespassed into the house and properties of one Yellappa and

others who belonged to scheduled caste category, and in respect

NC: 2025:KHC-D:11129

HC-KAR

of the alleged incident, FIR in Crime Nos.79/2019 and 80/2019

was registered by Mudhol Police Station. Therefore, the accused

persons who belonged to upper community had ill-will against

Yellappa and others who belonged to scheduled caste category.

On 15.10.2019, when Yellappa was near the police station, he

received a phone call that his brother Vittal and his uncle

Maleppa were murdered near the land belonging to one

Shankara Kadappa Maranoor situated on Shirol-Kallolli road, and

immediately thereafter, Yellappa and his other relatives went

near the spot and found the dead body of the aforesaid two

persons. On inquiry, CW-16 who is an eye-witness to the

incident in question, allegedly informed to Yellappa about the act

committed by the accused persons. It is under these

circumstances, FIR in Crime No.160/2019 was registered by

Mudhol police Station, Bagalkot District, based on the first

information dated 15.10.2019 received from Yellappa. In the said

case, appellants herein were arrested on 16.10.2019 and after

completing investigation, charge sheet has been filed against the

appellants for the aforesaid offences.

NC: 2025:KHC-D:11129

HC-KAR

6. Perusal of the material available on record would go to

show that the appellants had earlier approached this Court on

multiple occasions and their prayer for regular bail have been

dismissed by the coordinate benches by reasoned orders

considering the seriousness and gravity of the crime in which two

persons were murdered. CWs-16 & 17 who are minor girls are

the alleged eye-witnesses to the incident in question.

7. It is brought to the notice of this Court that as on this date,

27 charge-sheet witnesses have been examined and CW-16 has

been examined before the Trial Court as PW-27. According to the

prosecution, she has completely supported the case of the

prosecution. The said fact has not been seriously disputed by the

learned Counsel for the appellants.

8. Learned Spl.PP has stated that CW-17 is yet to be

examined in the present case and the prosecution could not

examine her, since she is a school going girl. She submits that

after the incident in question had taken place, the police are

finding it difficult to maintain public peace in the village and ever

since the date of incident, in order to maintain law and order in

the village, District Armed Reserve Squad has been deployed in

NC: 2025:KHC-D:11129

HC-KAR

the village and they have been continuously patrolling the

village. She submits that CC TV cameras are also installed near

the house of the complainant and others in the village

apprehending danger to their lives. She has filed the affidavit of

the Deputy Superintendent of Police, Jamakhandi Sub-Division,

Bagalkot District, and in paragraphs 6 & 7 of the affidavit, it is

stated as under:

"6. I state that, in the interest and maintaining public peace law and order in the said village, well equipped DAR (District Armed Reserve) squad and local police personnel has been deployed continuously since from day of above said incidence along with the continuous patrolling in addition the department has installed CC camera in the complainant's house and in the important places of the village and activities has been continuously monitored. I say that the Bagalkote District and Taluk administration has taken many preventative measures to prevent the further occurrence of the incidence.

7. I state that this incident has created hostile atmosphere in the Shirol village, causing enmity between and dalit and upper caste, and developed hatred for each other and waiting for the chance to take the revenge against each other if the accused are released on bail. There is every possibility that the scuffle will out between the family members of the

NC: 2025:KHC-D:11129

HC-KAR

deceased and the accused and might attack each other, which disrupt public peace law and order in the village leading to the loss of life and damage to the public property."

9. Considering the aforesaid aspects of the matter, more so

the fact that CW-17 who is a eye-witness in the present case is

yet to be examined, I am of the opinion that this is not a fit case

wherein the appellants can be enlarged on bail at this stage.

Learned Spl.PP has submitted that trial shall be conducted before

the Trial Court on day-to-day basis and if nine months time is

granted, the prosecution shall close its side of evidence and the

matter itself can be disposed of on merits.

10. Though I am in complete agreement with the principles laid

down in the judgments on which reliance has been placed by the

learned Counsel for the appellants, the same cannot be made

applicable to the facts and circumstances of the case, considering