Karnataka High Court
Sharanabasava S/O. Siddappa Deginal vs Sankirta S/O. Kumareshwar Pillai on 6 July, 2022
Author: K. Natarajan
Bench: K. Natarajan
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 6TH DAY OF JULY 2022
BEFORE
THE HON'BLE MR.JUSTICE K. NATARAJAN
CRIMINAL APPEAL NO.100129 OF 2022
BETWEEN
SHARANABASAVA S/O. SIDDAPPA DEGINAL
AGE: 34 YEARS, OCC: AGRICULTURE,
R/O. DUDDANAGI 585 301,
TQ. AFZALPUR, DIST. KALABURGI.
.....APPELLANT
(BY SRI K. S. PATIL, ADV.)
AND
1. SANKIRTA S/O. KUMARESHWAR PILLAI
AGE: 33 YEARS, OCC: PRIVATE SERVICE,
R/O. RAMANAGAR, H-NO.368/84A,
GADAG ROAD, HUBBALLI-580 020.
DIST. DHARWAD.
2. THE STATE OF KARNATAKA
REPRESENTED BY POLICE INSPECTOR,
KESHWAPUR POLICE STATION,
2
HUBBALLI - 580 023.
DIST. DHARWAD.
.....RESPONDENTS
(BY SMT GIRIJA S. HIREMATH, HCGP FOR R2;
R1- SERVED AND UNREPRESENTED)
THIS CRIMINAL APPEAL IS FILED U/S 14A(2) OF SC AND ST
(PREVENTION OF ATROCITIES) ACT, 1989, SEEKING TO ALLOW THE
APPEAL AND SET ASIDE THE ORDER DATED 31.01.2022 PASSED IN
ADDITIONAL DISTRICT AND SESSIONS JUDGE AND SPL. JUDGE, AT
DHARWAD, REJECTING BAIL APPLICATION FILED BY THE APPELLANT
UNDER SECTION 439 OF CR.P.C. IN SPL.SC.ST NO.12/2018 UNDER
CRIME NO.7/2018 IN KESHWAPUR P.S. FOR THE OFFENCES PUNISHABLE
UNDER SECTIONS 143, 147, 148, 120B, 109, 302, 201 READ WITH
SECTION 149 OF IPC AND SECTION 3(2) (V) OF SC AND ST ACT AND
SECTION 25(1) (A) OF INDIAN ARMS ACT, PENDING ON THE FILE OF II
ADDITIONAL DISTRICT AND SESSIONS JUDGE AND SPL. JUDGE AT
DHARWAD.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE COURT
DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by appellant/accused No.4 under Section 14A(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'SC & ST (POA) Act') for setting aside the order passed in Spl. SC. ST No.12/2018 by the 3 II Additional District and Sessions Judge and Special Judge, Dharwad and for grant of bail in Crime No.7/2018 registered by Keshavapur Police Station for the offences punishable under Sections 143, 147, 148, 120B, 109, 302, 201 read with Section 149 of Indian Penal Code (for short 'IPC') and Section 3(2)(V) of SC & ST Act and Section 25(1)(A) of Indian Arms Act.
2. Heard the learned counsel for the appellant, learned High Court Government Pleader for respondent No.2-State. Notice issued to respondent No.1 is served and he has remained unrepresented.
3. The case of the prosecution is that on the complaint of father of the deceased namely Sankirth filed the complaint before the Police alleging that on 25.01.2018 the son of the deceased- Kumareshwar was done to death by the accused No.1 and others after making him to fell down by dashing his motor cycle and assaulted him with deadly weapons. After registering the case, the Police arrested the accused persons and this appellant and remanded to judicial custody. His bail petition came to be rejected 4 by the Sessions Court. Hence, the appellant/accused No.4 is before this Court.
4. The learned counsel for the appellant contended that the appellant is innocent of the alleged offence and he has been falsely implicated in this case, only on the ground that he was conspired with accused Nos.8 and 9 to commit the murder of the deceased by receiving supari. But, there is no evidence of receiving the money by accused Nos.8 and 9. Even otherwise, the Co- ordinate Bench of this Court has granted bail to accused Nos.8 and
9. Except recovery of 3 country pistols and 8 live cartridges, nothing has been recovered from this appellant, he has not participated in commission of murder. The investigation is completed and the charge sheet has been filed. The appellant is in custody from last 4 ½ years. Hence, he prayed for grant of bail.
5. Per contra, the learned High Court Government Pleader has seriously objected the appeal and contended he is the person who conspired with accused Nos.1 to 4 by receiving Rs.30 lakhs as supari for committing the murder of Kumareshwar, on the background of earlier that the son of the deceased was murdered 5 by the accused persons and the Kumareshwar was cause for rejection of their bail petition, therefore they nourishing enmity and they conspired in the Ballari jail to commit murder. Accordingly, accused Nos.8 and 9 gave supari to accused No.1 and this appellant and have committed murder.
6. The learned High Court Government Pleader further submits that pistols and live cartridges supplied by this appellant to the accused, of course it was not used. However, without having any license or permit he has holding the pistols and live cartridges and supplied to the co-accused for committing the murder, which was seized in the car used by co-accused for committing the murder. Therefore the learned High Court Government Pleader submits that there are eye witnesses apart from CWs-21, 22, 19, 47, 48 and 49, they all are stated in their statements about having received of money, conspiration and also murder committed by the accused persons.
7. The learned High Court Government Pleader further submits that the bail petition filed by accused Nos.1 and 6 also dismissed by this Court and this petitioner after his released of bail 6 a similar offence having three accused persons were already bail. Therefore, she prayed for dismissal of the appeal.
8. Having heard the arguments of perused the records.
9. On perusal of the records it reveals that of course the date of incident is 25.01.2018, this accused was not directly participated while assaulting the deceased- Kumareshwar. The accused Nos.1 to 3, 5 and 6 were came in a car and dashed to the Kumareshwar motor cycle and make him to fell down and they have assaulted him with deadly weapons Talwar, axe and other sharp weapons and ran away from the spot. There are 5-6 witnesses who was seen the incident who are neighbor of the place of incident, given statements, especially CW-4 was given further statement against the accused persons. The accused persons were in jail in murder case of the son of the deceased in Crime No.53/2015, and they conspired to commit murder of Kumareshwar. It is alleged that accused Nos.8 and 9 gave supari of Rs.30 lakhs to this appellant and also accused No.1 for committing the murder of Kumareshwar, accordingly, the murder was executed at 8.30 p.m. on 25.01.2018. The circumstantial evidence reveals that this 7 accused was also in jail because of member of the conspiracy in committing the murder and while witnesses stated to this appellant also received money from accused Nos.8 and 9. The allegations of the Police against this appellant said to have taken supari and there is no place before the Co-ordinate Bench for granting bail to accused Nos.8 and 9. The allegations against this appellant is he has supplied three country pistols and live cartridges to the accused and committed the murder. Of course they are not used these pistols was recovered from the appellant in his voluntary statement. All the accused persons are one group and having so many cases registered against them and they are the rowdy sheeters in Hubballi jurisdiction. This appellant involving not only in committing murder of the son of the deceased in the year 2015, subsequently they having involved in three other cases also .
10. Therefore if he granted bail, there is every possibility of committing similar offence and tampering the witnesses which cannot be ruled out. This court already rejected the bail petitioner of accused Nos.1 and 6, therefore the ground of parity is not available to this appellant as the allegations against accused Nos.8 8 and 9 are different from each other. Therefore the appeal is liable to be dismissed.
11. Accordingly, the appeal filed by the appellant/accused No.4 is hereby dismissed.
Sd/-
JUDGE SMM