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Karnataka High Court
Buddesab vs The State Of Karnataka on 6 January, 2026
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CRL.A No. 200334 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 6TH DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE RAJESH RAI K
CRIMINAL APPEAL NO. 200334 OF 2025 [U/S 14 (A)]
BETWEEN:
BUDDESAB
S/O. SHEKH AHEMMED PATEL @ CHANDASAB PATEL,
AGE 38 YEARS, OCC. PRIVATE WORK,
R/O. WARD NO.22, HALABHAVI ROAD,
NEAR MORARJI DESAI SCHOOL,
BUDDA NAGAR, SHAHAPUR CITY,
TQ. SHAHAPUR, DIST. YADGIRI.
...APPELLANT
(BY SRI RAJESH DODDAMANI, ADVOCATE)
AND:
Digitally signed 1. THE STATE OF KARNATAKA
by BHIMARAYANAGUDI POLICE STATION,
SHIVALEELA YADGIRI DISTRICT.
DATTATRAYA NOW REPRESENTED BY THE ADDITIONAL STATE
UDAGI
PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA,
Location: HIGH
COURT OF KALABURAGI BENCH-585 102.
KARNATAKA
2. SMT. LAXMI W/O. MAPANNA BADIGER
AGE 38 YEARS, OCC. HOUSEHOLD,
MADRIKI VILLAGE, TQ. SHAHAPUR,
DIST. YADGIRI-585 287.
...RESPONDENTS
(BY SRI JAMADAR SHAHABUDDIN, HCGP FOR R1;
R2 SERVED)
THIS CRL.A IS FILED U/SEC. 14-A (2) OF SC/ST (PA)
ACT, PRAYING TO SET ASIDE THE ORDER DATED 18.10.2025
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CRL.A No. 200334 of 2025
HC-KAR
PASSED BY THE HON'BLE ADDITIONAL DISTRICT AND
SESSIONS JUDGE, YADGIRI PASSED IN CRI MISC. NO.
567/2025 AND CONSEQUENTLY ENLARGE THE APPELLANT/ A-3
(AS PER CHARGE SHEET) IN CONNECTION WITH CRIME NO.
31/2025 OF BHIMARAYANAGUDI POLICE STATION YADGIRI
DIST. REGISTERED FOR THE OFFENCES PUNISHABLE U/S
189(2), 191(2), 191(3), 103(1), 61(2), 238, R/W 190
BHARATIYA NYAYA SANHITA (BNS) 2023 AND SECTION 3(2)(V)
OF SC/ST (PA) ACT 1989 NOW PENDING ON THE FILE OF
HON'BLE DISTRICT AND SESSIONS JUDGE YADGIRI IN
SPL.C.NO. 89/2025 IN THE INTEREST OF JUSTICE AND
EQUITY.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE RAJESH RAI K
ORAL JUDGMENT
This appeal is filed under Section 14-A(2) of
Schedule Castes and Schedule Tribes (Prevention of
Atrocities) Act, 1989, for grant of Regular Bail in
Spl.C.No.89/2025 arising out of Crime No.31/2025
registered by Bheemarayanagudi Police for the offences
punishable under Section 189(2), 191(2), 191(3), 103(1),
61(2) and 238 r/w Section 190 of Bharatiya Nyaya Sanhita
(BNS), 2023 and Section 3(2)(V) of Schedule Castes and
Schedule Tribes (Prevention of Atrocities) Act, 1989,
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presently pending on the file of District and Sessions
Judge, Yadgiri in Spl.Case.No.89/2025.
2. The factual matrix of the case is that, accused
No.2 had an illicit affair with CW.27, as such, the husband
of CW.27 left her. Thereafter, she was looked after by
accused No.2. In the year 2014, the deceased - Mapanna
settled the dispute between accused No.2 and CW.27 and
directed accused No.2 to part away with one acre of land
in favour of CW27. As such, accused No.2 nurturing
grudge against the deceased. Thereafter, accused Nos.1
and 2 attempted to commit the murder of deceased on
04.12.2014. Subsequently, on 15.03.2025, accused Nos.1
and 2 by conspiring with accused Nos.3, 4 and 5
assembled in a dhaba i.e., Patel Family Dhaba and decided
to eliminate the deceased on 16.03.2025. Accordingly, on
16.03.2025, while deceased after returning from a saloon,
accused Nos.1 and 4 followed the deceased in a car
bearing registration No.KA25-P-2866 and when the
deceased was near Sadyapura Bridge in the motorcycle,
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accused No.1 dashed his car to the motorcycle of the
deceased, as a result, the deceased tossed from the
motorcycle. At that time, accused No.1 and accused No.4
got down from the car and sprinkled chilli powder on the
face of the deceased and thereafter, accused No.1
assaulted the deceased with a sword on the face of the
deceased and accused No.4 assaulted with a knife on the
back of the deceased. Further, accused No.1 also
assaulted the deceased with a chopper on the head, hands
and shoulders of the deceased. Due to which, the
deceased succumbed to the injuries at the spot.
Accordingly, a complaint has been registered by the wife
of the deceased before the respondent - police on the
same day and FIR came to be registered in Crime
No.31/2025 for the aforesaid offences.
3. Based on the said complaint, the respondent -
police investigated the case and filed a charge sheet
against 6 accused persons. In the charge sheet, it is
stated that, appellant in this appeal informed the
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movement of the deceased to accused Nos.1 and 4 and
thereby, facilitated them to eliminate the deceased.
4. Since the appellant is in custody from
19.03.2025, he approached the Principal District and
Sessions Judge, Yadigiri for grant of bail in Criminal
Misc.No.567/2025, but the same was dismissed by order
dated 18.10.2025. Hence this appeal is filed.
5. Heard the learned counsel for the appellant, so
also the learned High Court Government Pleader for
respondent No.1.
6. Apart from urging the contentions, the learned
counsel for the appellant has primarily contented that, on
perusal of the charge sheet materials, more particularly,
the statement of eyewitnesses i.e., CW.15 and CW.16, the
appellant was neither assaulted the deceased nor present
at the scene of occurrence and accused Nos.1 and 4 are
only responsible for the homicidal death of the deceased.
Accordingly, he prays to allow the bail application.
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7. Per contra, the learned HCGP opposed the bail
application on the ground that, statement of eyewitness
and other material witnesses discloses the involvement of
all accused in the alleged crime.
8. I have given my anxious consideration to the
submissions made by the learned counsel for the
respective parties, so also perused the entire charge sheet
materials placed by the learned counsel for the appellant.
9. As could be gathered from the records, it is the
specific case of prosecution that accused Nos.1 and 2 were
nourishing ill will against the deceased - Mapanna for the
reason that, he made panchayat in between accused No.2
and CW.27 and made accused No.2 to part away with one
acre of landed property in favour of CW.27. Thereafter,
accused Nos.1 and 2 hatched the conspiracy to eliminate
the deceased with the help of accused Nos.3, 4 and 5.
The statement of eyewitnesses i.e., CW.15 and CW.16
clearly depicts that, on the date of incident, accused Nos.1
and 4 followed the deceased in a car and accused No.1
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dashed the motorcycle of deceased - Mapanna and
thereafter, they both sprinkled chilli powder on the face of
deceased and assaulted with knife and chopper. The
allegation against the appellant is that, he conspired and
informed the movement of the deceased to accused Nos.1
and 4. The said allegations made in the charge sheet has
to be tested in a detailed trail. Till then, the custodial
incarceration of the appellant does not call for, since
investigation is completed and charge sheet has been
filed. Hence, without expressing any opinion on the merits
of the case, suffice to hold that the appellant is entitled for
grant of regular bail.
10. The petition is allowed. The appellant/accused
No.3 is directed to be enlarged on bail in SC No.89/2025
pending before the Court of District and Sessions Judge,
Yadigiri, arising out of Crime No.31/2025 registered by
Bheemarayangudi Police Station, for the offences
punishable under Sections 189(2), 191(2), 191(3),
103(1), 61(2), 238 r/w Section 190 of BNS, 2023 and
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Section 3(2)(v) of Schedule Castes and Schedule Tribes
(Prevention of Atrocities) Act, 1989 subject to the
following conditions:
a) Appellant/accused No.3 shall execute a
personal bond for a sum of Rs.1,00,000/- with
two sureties for the likesum, to the satisfaction of
the jurisdictional Court;
b) The appellant/accused No.3 shall appear
regularly on all the dates of hearing before the
Trial Court unless the Trial Court exempts his/her
appearance for valid reasons;
c) The appellant/accused No.3 shall not
directly or indirectly threaten or tamper with the
prosecution witnesses;
d) The appellant/accused No.3 shall not involve
in similar offences in future;
e) The appellant/accused No.3 shall not leave
the jurisdiction of the Trial Court without
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permission of the said Court until the case
registered against him/her is disposed off.
f) The appellant/accused No.3 shall mark
his/her attendance before the Station House
Officer, Bheemarayangudi Police Station, on first
Sunday of every month between 10.00 a.m. and
01.00 p.m. till the case registered against
him/her is disposed off before the Trial Court.
Sd/-
(RAJESH RAI K)
JUDGE
THM
List No.: 1 Sl No.: 6
