Karnataka High Court
Shreekant Kallappa Hadapad vs State Of Karnataka on 18 December, 2024
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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CRL.P No. 103497 of 2024
C/W CRL.P No. 103498 of 2024
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 18TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO. 103497 OF 2024
C/W
CRIMINAL PETITION NO. 103498 OF 2024
IN CRL. P NO.103497/2024:
BETWEEN:
KALLAPPA BASAPPA HADAPAD
S/O BASAPPA
AGED 62 YEARS
OCC. FARMER,R /O KERI ONI
HEBBALLI VILLAGE, DHARWAD TALUK
DIST. DHARWAD.
...PETITIONER
Digitally signed (BY SRI AVINASH M ANGADI, ADV.)
by NANDINI
MS AND:
Location: High
Court of
Karnataka STATE OF KARNATAKA
THROUGH DHARWAD SUB URBAN
POLICE, REP. BY ITS STATE PUBLIC
PROSECUTOR, HIGH COURT OF
KARNATAKA, DHARWAD - 580 001.
...RESPONDENT
(BY SMT. GIRIJA HIREMATH, HCGP)
THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C.
(483 OF BNSS), SEEKING TO ALLOW THIS PETITION AND
ENLARGE THE PETITIONERS/ACCUSED NO.1 ON REGULAR BAIL
IN S.C. NO.25/2024 (CRIME NO.289/2023) PENDING BEFORE
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CRL.P No. 103497 of 2024
C/W CRL.P No. 103498 of 2024
THE COURT OF THE III ADDL.DISTRICT AND SESSIONS JUDGE,
AT DHARWAD WHICH IS REGISTERED BY DHARWAD SUB
URBAN POLICE, DHARWAD FOR THE OFFENCES PUNISHABLE
U/S 143, 147, 148, 302, 120B AND 149 OF IPC.
IN CRL. P NO.103498/2024:
BETWEEN:
1. SHREEKANT KALLAPPA HADAPAD
S/O KALLAPPA HADAPAD
AGED ABOUT 36 YEARS
OCC. FARMER, R/O HEBBALLI
VILLAGE, DHARWAD TALUK
DIST. DHARWAD - 580 112.
2. KIRAN ALIAS PRAKASH KALLAPPA HADAPAD
S/O KALLAPPA HADAPAD
AGED ABOUT 35 YEARS
OCC. FARMER, R/O HEBBALLI
VILLAGE, DHARWAD TALUK
DIST. DHARWAD - 580 112.
...PETITIONERS
(BY SRI AVINASH M ANGADI, ADV.)
AND:
STATE OF KARNATAKA
THROUGH DHARWAD SUB-URBAN
POLICE, REP. BY ITS STATE PUBLIC
PROSECUTOR, HIGH COURT OF
KARNATAKA, DHARWAD - 580 001.
...RESPONDENT
(BY SMT. GIRIJA HIREMATH, HCGP)
THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C.
(483 OF BNSS), SEEKING TO ALLOW THIS PETITION AND
ENLARGE THE PETITIONERS/ACCUSED NO.3 AND 4 ON
REGULAR BAIL IN S.C. NO.25/2024 (CRIME NO.289/2023)
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CRL.P No. 103497 of 2024
C/W CRL.P No. 103498 of 2024
PENDING BEFORE THE COURT OF THE III ADDL.DISTRICT AND
SESSIONS JUDGE, AT DHARWAD WHICH IS REGISTERED BY
DHARWAD SUB URBAN POLICE, DHARWAD FOR THE OFFENCES
PUNISHABLE U/S 143, 147, 148, 302, 120B AND 149 OF IPC.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
CORAM: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)
1. Accused Nos.1, 3 and 4 in SC No.25/2024 pending before the Court of III Additional District and Sessions Judge, Dharwad, arising out of Crime No.289/2023 registered by Dharwad Sub-Urban Police Station, Hubballi, for the offences punishable under Sections 143, 147, 148, 302, 120B and 149 of IPC, are before this Court under Section 439 of Cr.P.C. in these two successive bail petitions.
2. Heard the learned counsel for the parties.
3. In the first information submitted by the first informant, it is averred that on 03.12.2023, when he was on duty at about 16.00 hours, he received a credible information that about four to five persons were assaulting a person with deadly weapons and on receipt of the said information, he immediately rushed -4- NC: 2024:KHC-D:18460 CRL.P No. 103497 of 2024 C/W CRL.P No. 103498 of 2024 to the spot of crime. When he reached the said place, he found that an aged person was lying in a pool of blood, had suffered multiple injuries on his body and had succumbed to the injuries on the spot. When the first informant checked the bag which was lying near the dead body, he found a bank pass book in the name of Ningappa Basappa aged about 72 years. On enquiry, he came to know that deceased had a civil dispute with his family members and the assault made by the accused on the deceased was recorded in a mobile phone. The persons present near the location had identified the assailants found in the said video that was recorded in mobile phone and in this background, F.I.R. in Crime No.289/2023 was registered against five accused persons. During the course of investigation, petitioners herein were arrested on 04.12.2024. Investigation in the case is completed and charge sheet has been filed. Petitioners had earlier approached this Court in Crl.P.No.100752/2024, which was dismissed as withdrawn as against them with liberty to file a fresh petition after report is received from the FSL. Therefore, petitioners are before this Court in these successive bail petitions. -5-
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4. Learned counsel for the petitioners having reiterated the grounds urged in the petitions submits that report from the FSL has now been received with regard to the video footage which covered the act of crime committed by accused and the expert has stated that persons found in the video cannot be identified and the video is not clearly visible. Petitioners do not have any criminal antecedents and they are in custody for the last more than one year. Accused Nos.2 and 5 have been granted regular bail by this Court in Crl.P.No.100752/2024. Accordingly, he prays to allow the petitions.
5. Per contra, learned HCGP has opposed the petitions. She submits that Cws 17, 18, 19 and 24 have identified the accused persons after seeing the video which had captured the act of the accused committing the murder. Therefore, there is strong evidence as against the petitioners connecting them to the crime. She, accordingly, prays to dismiss the petitions.
6. Petitioners had earlier approached this Court in Crl.P.No.100752/2024, which was dismissed as withdrawn as against them with liberty to the petitioners to file a fresh petition after report is received from FSL with regard to the -6- NC: 2024:KHC-D:18460 CRL.P No. 103497 of 2024 C/W CRL.P No. 103498 of 2024 video which was recorded by a stranger on 03.12.2023 which according to the prosecution had covered the act of murder of deceased Ningappa Basappa committed by the accused. FIR was registered against accused persons based on the alleged identification of person who had seen the video recorded in the mobile phone of CW10. The mobile phone of CW10 which contained video recording of the alleged crime committed in the present case was seized and the video recording found in the said mobile was forwarded to the FSL and in the report, it is opined as follows:
"a) Based on frame analysis and visual observation, the above mentioned video file is continuous and not edited/morphed.
b) Based on visual observation, the facial features of the male individuals present in the above mentioned video file are not clearly visible. Hence, comparison of male individuals present in the colour photographs marked as D7a-D7c to D11a-D11c could not be done."
7. From the aforesaid opinion given by the experts of FSL, after analyzing and visual observation of the alleged video file, it is very clear that that male individuals present in the video -7- NC: 2024:KHC-D:18460 CRL.P No. 103497 of 2024 C/W CRL.P No. 103498 of 2024 are nor clearly visible and it is also stated that therefore, it is not possible to compare the said individuals present with the colour photographs which were also forwarded to the FSL. In view of the opinion received from the FSL, the statement of CWs 17, 18, 19 and 24 becomes highly doubtful and no reliance can be placed on the same at this stage. Under the circumstances, I am of the opinion that the prayer made by the petitioners for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:-
8. The petitions are allowed. The petitioners are directed to be enlarged on bail in SC No.25/2024 pending before the Court of III Additional District and Sessions Judge, Dharwad, arising out of Crime No.289/2023 registered by Dharwad Sub-Urban Police Station, Hubballi, for the offences punishable under Sections 143, 147, 148, 302, 120B and 149 of IPC, subject to the following conditions:
a) Petitioners shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum, to the satisfaction of the jurisdictional Court;-8-
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b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons;
c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) The petitioners shall not involve in similar offences in future;
e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off.
SD/-
(S.VISHWAJITH SHETTY) JUDGE DN