Karnataka High Court
Akash S/O Yallappa Nilajakar vs The State Of Karnataka on 10 February, 2025
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2025:KHC-D:2560
CRL.A No. 100028 of 2025
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 10TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL APPEAL NO. 100028 OF 2025 (U/S 14 A(2) of SC and ST ACT)
BETWEEN:
AKASH S/O. YALLAPPA NILAJAKAR
AGE. 24 YEARS, OCC. CENTERING WORK,
R/O. GANPAT GALLI, INDIRA NAGAR,
BELAGAVI-590001.
...APPELLANT
(BY SRI. ROHIT NAGESH LATUR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
R/BY SHAHAPURA P.S.,
TQ/DIST. BELAGAVI-590001,
R/BY HCGP, HIGH COURT OF KARNATAKA,
DHARWAD BENCH, DHARWAD.
2. SMT. SHANTA W/O. LAKSHMAN KELAGERI
AGE. 66 YEARS, OCC. HOUSEHOLD,
R/O. # 309, AMBEDKAR GALLI, DHAMANE,
BELAGAVI-590005.
...RESPONDENTS
(BY SRI. ASHOK T.KATTIMANI, AGA FOR R1;
NOTICE TO R2 IS SERVED)
THIS CRIMINAL APPEAL IS FILED U/S 14 A(2) OF SC AND ST
(POA) ACT 1989 R/W SECTION 483 OF BNSS, PRAYING TO SET
ASIDE THE ORDER DATED 17.09.2024 PASSED BY THE IIIRD ADDL.
DISTRICT AND SESSIONS JUDGE, BELAGAVI IN CRL.MISC.
NO.1018/2024 REJECTING THE BAIL APPLICATION FILED BY THE
APPELLANT AND THE HON'BLE COURT MAY BE RELEASE THE
APPELLANT/ACCUSED NO.1 ON BAIL IN RELATION TO SHAHPUR
P.S. CR.NO.43/2024 PENDING ON THE FILE BEFORE THE 3RD
ADDL.DISTRICT AND SESSIONS JUDGE, BELAGAVI IN SPL.CASE
NO.349/2024 FOR ALLEGED OFFENCES PUNISHABLE U/S 323, 342,
504, 364, 302 OF IPC AND U/S 3(1)(r)(s), 3(2)(v), 3(2)(va) OF SC/ST
PREVENTION OF ATROCITIES AMENDMENT ACT, 2015.
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NC: 2025:KHC-D:2560
CRL.A No. 100028 of 2025
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
ORAL JUDGMENT
1. The petitioner, who is facing trial for offences punishable under Sections 323, 342, 504, 364, and 302 of the Indian Penal Code, and Sections 3(1)(r)(s), 3(2)(v), and 3(2)(va) of the SC/ST Prevention of Atrocities Act, 2015, is before this Court under Section 14(A)(2) of the Prevention of Atrocities Act, 1989 read with Section 483 of the BNS Act, 2023.
2. The prosecution alleges that on 15.04.2024, the accused went to the house of the deceased, got involved in a quarrel, locked the children inside, latched the door, and escorted the deceased on foot from Khasbag to Gogte Circle, Belagavi. Later, on 16.04.2024 at about 04:00 A.M., the accused allegedly pushed the deceased from a railway overbridge. As a result, the deceased sustained head and leg injuries, was taken to the hospital, and succumbed to these injuries on 04.05.2024.
3. The Court has heard the submissions of the Learned Counsel for the appellant and the Learned Additional Government Advocate for the respondent, the State.
4. Although the alleged offence occurred on 16.04.2024, the deceased succumbed to his injuries on 04.05.2024. The FIR was registered on 05.05.2024, and the appellant was apprehended. It was further alleged that the appellant had an illicit -3- NC: 2025:KHC-D:2560 CRL.A No. 100028 of 2025 relationship with the deceased, and in his confession statement, he is said to have admitted to the crime.
5. The prosecution's case is based entirely on circumstantial evidence, which was purportedly established at trial. Notably, there were no eyewitnesses to the incident.
6. The Learned Counsel for the appellant submitted that the Medical Legal Case (MLC) register indicates that this is a case of suicide. The appellant has been in custody since 05.05.2024, and, with the investigation completed, further custodial interrogation is unnecessary. Prolonged pre-trial detention would be contrary to the principles of liberty as guaranteed under Article 21 of the Constitution of India.
7. Furthermore, the Learned Counsel contended that the grounds for arrest were not recorded before the appellant was taken into custody. In these circumstances, the appellant has established a prima facie case for the grant of bail.
ORDER Accordingly, appeal is allowed. The appellant is enlarged on bail in Special Case No.349/2024 on the file of III Addl. District and Sessions Judge, Belagavi is hereby quashed. Subject to following conditions:
i. Petitioner/accused shall furnish indemnity bond for a sum of Rs.1 lakh with one surety for the likesum to the satisfaction of the jurisdictional Court.-4-
NC: 2025:KHC-D:2560 CRL.A No. 100028 of 2025 ii. He shall appear before the Investigating officer within a period of 15 days and execute bail bond and offer surety.
iii. He shall make himself available for the purpose of investigation as and when required and he shall co- operate with the investigation.
iv. He shall furnish his residential address proof and shall inform the investigating officer/Court if there is any change in the address.
v. He shall mark his attendance at the jurisdictional Police station once in 15 days till filing of the charge sheet.
vi. He shall not tamper with the prosecution witnesses either directly or indirectly.
vii. He shall be regular in attending the court proceedings.
Sd/-
(HEMANT CHANDANGOUDAR) JUDGE TIN Ct:vh List No.: 1 Sl No.: 32