Karnataka High Court
Panchappa S/O Yallappa Barakar vs The State Of Karnataka on 29 August, 2023
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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NC: 2023:KHC-D:9726
CRL.P No. 101717 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 29TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION No. 101717 OF 2023
BETWEEN:
1. PANCHAPPA S/O YALLAPPA BARAKAR
AGE: 49 YEARS, OCC:COOLIE
R/O. HIREHANDIGOL VILLAGE
TALUQ AND DISTRICT GADAG.
2. MAHESH S/O YALLAPPA BARAKAR
AGE: 41 YEARS, OCC:COOLIE
R/O. HIREHANDIGOL VILLAGE
TALUQ AND DISTRICT GADAG.
...PETITIONERS
(BY MISS. ALPHIA SHIRALLI, ADVOCATE FOR
SRI K M SHIRALLI, ADVOCATE - V.C.)
AND:
VISHAL
NINGAPPA THE STATE OF KARNATAKA
PATTIHAL THROUGH GADAG RURAL POLICE STATION GADAG
R/BY STATE PUBLIC PROSECUTOR
Digitally signed by
VISHAL NINGAPPA HIGH COURT OF KARNATAKA
PATTIHAL BENCH DHARWAD.
Date: 2023.09.13 ...RESPONDENT
14:38:45 +0530
(BY SRI PRAVEENA Y DEVAREDDIYAVARA, HCGP - V.C.)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF
CR.P.C. SEEKING TO ORDER THE RELEASE OF THESE
PETITIONERS/ ACCUSED 1 AND 2 ON BAIL IN SESSIONS CASE
NO.100/2019 REGISTERED FOR THE OFFENCES PUNISHABLE
UNDER SECTIONS 448, 323, 324, 354, 504, 506, 364, 302 R/W
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NC: 2023:KHC-D:9726
CRL.P No. 101717 of 2023
34 OF IPC, PENDING ON THE FILE AS ON PRINCIPAL DISTRICT
AND SESSIONS JUDGE, GADAG AND ETC.,
THIS PETITION COMING ON FOR ORDERS THIS DAY
THROUGH VIDEO CONFERENCING AT BENGALURU, THE COURT
MADE THE FOLLOWING:
ORDER
This petition is filed by petitioners - accused Nos. 1 and 2 under Section 439 of Cr.P.C., seeking for grant of bail in Crime No.147/2019 of registered by Gadag Police Station for the offences punishable under Sections 448, 323, 324, 354, 364, 302, 504, 506 read with 34 of IPC pending on the file of the learned Principal District And Sessions Judge, Gadag in S.C. No. 100/2019.
2. It is the case of the prosecution that one Mahantesh son of Mailarappa Goudanaiker resident of Hirehandigol village has lodged the complaint stating that he is residing at Hirehandigol along with his family consisting of his mother and two brothers. One of his brothers namely Basavaraj and accused No. 1 - Panchappa were friends and they were very cordial and were in visiting terms. It is further stated that Panchappa from past 3 three years was suspecting that -3- NC: 2023:KHC-D:9726 CRL.P No. 101717 of 2023 Basavaraj and his wife have illicit relationship and on the said pretext they used to have fight amongst each other. The complainant and his family members many a times have advised Panchappa not to keep such suspicion. It is further stated that about 4-5 months ago Panchappa had seen Basavaraj and his wife Vijaylakshmi at his house and from that onwards the wife of Panchappa went to reside at her parents place at Asundi and complainant and his family members advised Basavaraj to go and stay in their relatives place at Gudisagar. But Basavaraj used to visit his village once in while. It is further stated that on 20.07.2019 at 06.00 pm when complainant and his brother deceased Basavaraj and his family members were sitting in their house, at that time, accused No.1 - Panchappa, accused No.2 - Mahesh and accused No.3 - Ravi had come to the house of Basavaraj on their motorcycle and called out Basavaraj and when he didn't come out, all of them went inside his house and dragged him out and started assaulting and abusing him in filthy language saying he has ruined the life of Panchappa by having illicit relationship with his wife. The complainant tried to pacify and -4- NC: 2023:KHC-D:9726 CRL.P No. 101717 of 2023 at that time, accused No.2 - Mahesh assaulted complainant on his left hand and all three of them dragged the mother and grandmother and pushed them on the ground and thereafter petitioners - accused Nos.1 and 2 assaulted Basavaraj with hand and axe and stated to have took Basavaraj on their motorcycle and went away. It is further stated that the complainant went to inform the said incident to the elders of the village and thereafter the complainant and others followed the way where the petitioners proceeded and they searched for Basavaraj's whereabouts. On enquiry with CWs.14 and 15, they revealed that Basavaraj was seen along with the present petitioners - accused Nos. 1 and 2 near Hulkoti Railway Station, thereafter all together went near Railway Bridge, at that time, they saw the present petitioners returning from Hulkoti and the elders called them but however the petitioners didn't stop their motorcycle and went away. Then, the complainant and others went near Railway Station and started searching for Basavaraj on the railway tracks and they found dead body lying on the tracks which was cut into two pieces. On seeing the same, it was -5- NC: 2023:KHC-D:9726 CRL.P No. 101717 of 2023 found to be Basavaraj's body. Said complaint came to be registered in Crime No. 14/2019 for the aforesaid offences. Petitioner - accused No.2 came to be arrested on 22.07.2019. The bail application filed by the petitioner came to be rejected by the Principal District and Sessions Judge, Gadag, by order dated 21.12.2020. The Investigating Officer has filed the charge sheet.
3. Petitioner - accused No.2 earlier approached this Court in filed Crl.P.No.100540/2022 seeking bail and the same came to be rejected by this Court vide order dated 03.06.2022. Thereafter, the petitioners - accused Nos. 1 and 2 filed bail application in S.C. No. 100/2019 and the same came to be rejected by the Principal District and Sessions Judge, Gadag, by order dated 06.07.2023. Therefore, the petitioners are before this Court seeking bail.
4. Heard arguments of learned counsel for the petitioners and learned HCGP for the respondent-State.
5. Learned counsel for petitioners would submit that 26 witnesses have been examined and they have not supported -6- NC: 2023:KHC-D:9726 CRL.P No. 101717 of 2023 the case of the prosecution. Brother of the petitioners who has been arraigned as accused No. 3 died when he was in judicial custody out of ill health and there are no other persons except the petitioners to look after their parents. It is her further submission that the health of the petitioners is also deteriorating. With this she prayed for allowing the appeal.
6. Per contra, learned HCGP would contend that in this successive petition the petitioners have not made out any new grounds for grant of bail. The evidence already recorded by the trial Court cannot be appreciated in this appeal. There are other witnesses to be examined by the prosecution. With this he prayed to reject the petition.
7. Having regard to the submissions made by the learned counsel for the petitioners and learned High Court Government Pleader, this Court perused the charge sheet and order passed in Crl.P. No.100527/2021 and Crl.P. No. 100540/2022. Earlier, this Court considering the merits of the case, heinousness of the offence, involvement of the -7- NC: 2023:KHC-D:9726 CRL.P No. 101717 of 2023 petitioners and threat to the prosecution witnesses has rejected their bail petitions. The petitioners are now seeking grant of bail on the ground that the witnesses who have already been examined have not supported the case of the prosecution and only official witnesses are now to be examined by the prosecution. Merely because the prosecution witnesses who have already been examined have not supported the case of the prosecution cannot be a ground to consider this petition seeking grant of bail. There are other witnesses to be examined by the prosecution. If the petitioners are granted bail there are chances of they absconding and delay the trial. The petitioners have not made out any grounds for grant of bail. Hence, petition is rejected.
Sd/-
JUDGE LRS List No.: 19 Sl No.: 9