Karnataka High Court
Shivanand Alias Shedshivu S/O … vs State Of Karnataka on 12 March, 2025
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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CRL.A No. 100578 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 12TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL NO.100578 OF 2024
BETWEEN:
SHIVANAND @ SHEDSHIVU S/O. SHANKRAPPA KATAGI,
AGE: 27 YEARS, OCC: LABOURER,
R/O: VAJAPAYEE COLONY, NAVANAGAR,
BAGALKOTE, TQ & DIST: BAGALKOTE - 587 101.
...APPELLANT
(BY SRI NAVEEN CHATRAD, ADVOCATE)
AND:
1. STATE OF KARNATAKA, NAVANAGARA P S.,
REP. BY ITS ADDL STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, DHARWAD.
2. MANJUNATH S/O. RAMESH TALAWAR,
AGE: 23 YEARS, OCC: STUDENT,
R/O: NAVANAGARA TEACHER COLONY,
NEAR ARUNDATI SCHOOL, BAGALKOTE,
TALUK AND DISTRICT: BAGALKOTE - 587 101.
...RESPONDENTS
(BY SRI ABHISHEK MALIPATIL, HCGP FOR R1;
NOTICE TO R2 IS SERVED BUT NOT REPRESENTED)
Digitally signed by
ASHPAK KASHIMSA THIS CRIMINAL APPEAL IS FILED U/S 14 A(2) OF SC/ST (POA)
MALAGALADINNI
Location: High Court ACT, PRAYING TO ALLOW THIS CRIMINAL APPEAL BY SETTING
of Karnataka,
Dharwad Bench,
Dharwad
ASIDE THE ORDER DATED 02.09.2024 PASSED BY THE LEARNED II
ADDL. DISTRICT AND SESSIONS JUDGE, BAGALKOTE, IN SPL.CASE
NO.30/2021 AND CONSEQUENTLY RELEASE ON REGULAR BAIL THE
APPELLANTS/ACCUSED NO.7 CRIME NO.10/2021 OF NAVANAGAR
P.S. FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 143, 147,
323, 324, 307, 109, 504, 506 READ WITH 149 OF INDIAN PENAL
CODE AND ALSO UNDER SECTIONS 3(1)(r)(s) AND 3(2)(vii) OF
SCHEDULED CASTES AND SCHEDULED TRIBES (PREVENTION OF
ATROCITIES) AMENDMENT ORDINANCE 2014 IN SPL. CASE
NO.30/2021 PENDING ON THE FILE OF LEARNED II ADDL. DISTRICT
AND SESSIONS JUDGE, BAGALKOTE IN THE INTEREST OF JUSTICE
AND EQUITY.
THIS CRIMINAL APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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CRL.A No. 100578 of 2024
CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL JUDGMENT
This appeal is filed by the appellant-accused No.7
praying to set aside the order dated 02.09.2024 passed in
Special Case No.30/2021 by the II Additional District and
Sessions Judge, Bagalkote, whereunder the bail
application filed by the appellant under Section 483 of
BNSS sought in respect of the case registered for offence
punishable under Sections 143, 147, 148, 323, 324, 307,
109, 504, 506 r/w Section 149 of IPC and Sections
3(1)(s), 3(1)(r) and 3(2)(v) of SC/ST (P.O.A) Act came to
be rejected.
2. Heard the learned counsel for the appellant
and the learned High Court Government Pleader for
respondent No.1-State. In spite of service of notice,
respondent No.2 remained absent and un-represented.
3. The appellant-accused No.7 is facing trial for
the aforesaid offences in Special Case No.30/2021 pending
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CRL.A No. 100578 of 2024
on the file of the II Additional District and Sessions Judge,
Bagalkote. The appellant-accused No.7 has been granted
bail by the Sessions Court and he was on bail. The
appellant-accused No.7 remained absent and the learned
Special Judge has issued a NBW and the appellant-accused
No.7 has been secured by executing the NBW. The
appellant-accused No.7 has been taken into judicial
custody. The appellant-accused No.7 filed bail application
under Section 483 of BNSS and the same came to be
rejected by the impugned order. The said order has been
challenged by the appellant-accused No.7 in this appeal.
4. The learned counsel for the appellant-accused
No.7 would contend that the appellant was on bail during
the trial and as he was absent, NBW has been issued and
he has been secured by executing NBW. He further
submits that the absence of the appellant-accused No.7 is
for a bonafide reason, as he had been to some other place
for eking out his livelihood. He further submits that the
grandmother of the appellant is not well and he has to
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CRL.A No. 100578 of 2024
take care of her. He further submits that the appellant-
accused No.7 would undertake that he will appear before
the trial Court on all dates of hearing and corporate for
speedy disposal of the case. With this, he prayed to set
aside the impugned order and grant bail to the appellant-
accused No.7.
5. Learned High Court Government Pleader for
respondent No.1-State would contend that the appellant-
accused No.7 has violated the bail conditions. The absence
of the appellant-accused No.7 has hampered the trial. The
trial has been commenced and one witness has been
examined. Considering the said aspect, the trial Court has
rightly rejected the bail application by the impugned order.
With this he prayed for dismissal of the appeal.
6. Having heard the learned counsel for the
appellant-accused No.7 and the learned High Court
Government Pleader for respondent No.1-State, this Court
have perused the impugned order and the other materials
placed on record.
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CRL.A No. 100578 of 2024
7. The appellant-accused No.7 had been granted
bail by the Special Court and he was facing trial in a
Special Case No.30/2021 for the aforesaid offences. The
appellant-accused No.7 remained absent, NBW has been
issued and he has been secured by executing NBW. The
appellant-accused No.7 has been taken into the judicial
custody. The appellant-accused No.7 stated in his bail
application that he had gone to some other place for eking
out his livelihood, therefore he could not attend the Court.
Without considering the said aspect, the learned trial
Judge has harped upon the aspect that the appellant could
not take shelter of the earlier bail order. The appellant has
put forth the sufficient cause for his absence before the
trial Court. As the appellant was earlier granted bail, he is
entitled for grant of bail as he has undertaken to appear
before the trial Court on all dates of hearing and cooperate
for speedy disposal of the case. The appellant-accused
No.7 has made out grounds for setting the impugned order
and grant of bail. In the result the following:
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CRL.A No. 100578 of 2024ORDER
i) The impugned order dated 02.09.2024
passed in Special Case No.30/2024 is
set aside.
ii) The bail application of the appellant-
accused No.7 stands allowed and he is
ordered to be enlarged on bail, subject
to the following conditions:
a) The appellant-accused No.7
shall executive a personal bond for a
sum of ₹1,00,000/- [Rupees One
Lakh] with one surety for the
likesum to the satisfaction of the trial
Court.
b) The appellant-accused No.7
shall not tamper the prosecution
witnesses.
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CRL.A No. 100578 of 2024
c) The appellant-accused No.7
shall appear before the trial Court on
all dates of hearing unless exempted
and corporate for the speedy
disposal of the case.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
PJ/CT-ASC
List No.: 1 Sl No.: 5
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