Karnataka High Court
Adappa And Anr vs The State Of Karnataka And Anr on 16 January, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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CRL.P No. 201174 of 2024
C/W CRL.P No. 201473 of 2024
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 16TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO. 201174 OF 2024
(439(Cr.PC)/483(BNSS))
C/W
CRIMINAL PETITION NO. 201473 OF 2024
(439(2)(Cr.PC)/483(3)(BNSS))
IN CRL.P.NO.201174/2024:
BETWEEN:
1. HUCHCHAPPA S/O NINGAPPA BADAD,
AGE: 50 YEARS, OCC: AGRICULTURE,
2. MARUTI S/O SHANKARANNA GOUDUR,
Digitally signed
by SHILPA R AGE: 38 YEARS, OCC: AGRICULTURE,
TENIHALLI
Location: HIGH 3. NINGAYYA @ NINGAPPA S/O SHIVARAJA KAMBALI,
COURT OF AGE: 25 YEARS, OCC: AGRICULTURE,
KARNATAKA
4. SHRAVANA @ SHRAVAN KUMAR
S/O CHANNAPPA @ CHANNAREDDY,
AGE: 20 YEARS, OCC: AGRICULTURE,
ALL ARE RESIDENTS OF VILLAGE,
NILUVANGI, TALUKA DEVURGA,
DISTRICT RAICHUR-586101.
...PETITIONERS
(BY SRI J. AUGUSTIN AND
SRI ANNARAYA M. PATIL, ADVOCATES)
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CRL.P No. 201174 of 2024
C/W CRL.P No. 201473 of 2024
AND:
1. THE STATE OF KARNATAKA
THROUGH THE DEVADURGA POLICE STATION,
REPRESENTED BY
LEARNED ADDL. STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA
KALABURAGI BENCH-585103.
2. ADAPPA S/O PIDDAPPA BADAD,
R/O NIDAVANJI, TALUKA DEODURGA,
DIST. RAICHUR-584111
...RESPONDENTS
(BY SRI VEERANAGOUDA MALIPATIL, HCGP FOR R1
SRI MAHANTESH PATIL, ADVOCATE FOR R2)
THIS CRL.P. IS FILED U/S. 439 OF CR.P.C (OLD), 483 OF
BNSS (NEW), PRAYING TO ALLOW THIS BAIL PETITION IN
CRIME NO.442/2023 DATED 28.12.2023 OF DEVADURGA P.S.
CC NO.91/2024 OF JMFC COURT DEVADURGA U/S. 143, 147,
148, 341, 120(B), 302, 323 AND 324 OF IPC R/W SEC. 149 OF
IPC AND TO RELEASE THE PETITIONERS / ACCUSED NOS.1, 3,
5 AND 8 ON BAIL.
IN CRL.P.NO.201473/2024:
BETWEEN:
1. ADAPPA S/O PIDDAPPA BADAD,
AGE: 28 YEARS, OCC: AGRICULTURE,
R/O. NILAVANJI, TQ. DEVADURGA,
DIST. RAICHUR -584124.
2. SUJATA W/O MARKANDAYYA,
AGE: 35 YEARS, OCC: HOUSEHOLD,
R/O. NILAVANJI, TQ. DEVADURGA,
DIST. RAICHUR -584124.
...PETITIONERS
(BY SRI MAHANTESH PATIL, ADVOCATE)
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CRL.P No. 201174 of 2024
C/W CRL.P No. 201473 of 2024
AND:
1. THE STATE OF KARNATAKA
R/BY ADDL. SPP
HIGH COURT OF KARNATAKA,
BENCH AT KALABURAGI
(THROUGH DEVADURGA PS
DIST. RAICHUR -584126).
2. NINGAPPA @ NINGANNA
S/O HUCHCHAPPA BADAD,
AGE: 20 YEARS, OCC: AGRICULTURE,
R/O. NILAVANAJI, TQ. DEVADURGA,
DIST. RAICHUR -584124.
...RESPONDENTS
(BY SRI VEERANAGOUDA MALIPATIL, HCGP FOR R1
SRI J. AUGUSTIN, ADVOCATE FOR R2)
THIS CRL.P. IS FILED U/S. 439 (2) OF CR.P.C (OLD) /
U/SEC. 483(3) OF BNSS ACT (NEW) PRAYING TO SET ASIDE
THE ORDER DATED 22.05.2024 IN CRL.MISC.NO.205/2024
PASSED BY THE LEARNED PRINCIPAL DISTRICT AND
SESSIONS JUDGE AT RAICHUR, IN SO FOR AS ACCUSED NO.2/
RESPONDENT NO.2 AND CONSEQUENTLY DIRECT THE
LEARNED SESSIONS JUDGE TO COMMIT THE ACCUSED NO.2
TO CUSTODY.
THESE PETITIONS COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
ORAL ORDER
(PER: HON’BLE MR. JUSTICE S.VISHWAJITH SHETTY)
Since these two petitions arise out of Crime
No.442/2023 registered by Devadurga Police Station,
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CRL.P No. 201174 of 2024
C/W CRL.P No. 201473 of 2024
Raichur for the offences punishable under Section 143,
147, 148, 341, 120-B, 302, 323, 324 read with Section
149 of IPC, pending before the Court of JMFC, Devadurga,
Raichur district, they are heard together and disposed off
by this common order.
2. Heard learned counsel for the parties.
3. FIR in Crime No.442/2023 was registered by
Devadurga Police Station, Raichur for the aforesaid
offences against Huchappa and eight others on the basis
of the first information dated 28.12.2023 received from
Adappa S/o. Piddappa. During the course of investigation
of the case, all the nine accused persons, who were named
in the FIR were arrested. The investigation of the case
was completed and charge sheet has been filed. The bail
application filed by accused Nos.1, 3, 5 and 8 before the
jurisdictional Sessions Court in Crl.Misc.No.205/2024 was
rejected and it was allowed as against other accused
persons. Therefore, accused Nos.1, 3, 5 and 8 are before
this Court in Criminal Petition No.201174/2024 while the
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C/W CRL.P No. 201473 of 2024
de-facto complainant and other injured are before this
Court in Criminal Petition No.201473/2024 with a prayer
to cancel the regular bail granted to accused No.2.
4. Learned counsel for the petitioners in Criminal
Petition No.201174/2024 submits that petitioners do not
have any criminal antecedents and they are in custody for
the last more than one year. He submits that though case
is committed, trial in the case is yet to be commenced. He
submits that there are serious contradictions in the
statement of the alleged eyewitness and lot of
improvements were made by the first informant in his
further statement given on the very same date. He
submits that as against accused No.2, there is absolutely
no allegation found in the first information submitted by
the injured eyewitness and therefore, the Trial Court was
justified in granting bail to him. No interference is called
for as against the order of bail granted to accused No.2.
5. Per contra, learned High Court Government
Pleader and learned counsel appearing for the de-facto
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complainant have opposed the bail application filed by
accused Nos.1, 3, 5 and 8. They submit that in the
subsequent statement of the injured eyewitness, he has
made allegations against all these accused and therefore,
the Trial Court was justified in rejecting their bail
application.
6. The learned counsel for the de-facto
complainant submits that there is allegation as against
accused No.2 about he assaulting the deceased on his face
with an axe and death of the deceased is as a result of
injury suffered on his head. Therefore, the Trial Court was
not justified in granting bail to accused No.2. Accordingly,
he prays to cancel the order of bail granted in favour of
accused No.2.
7. The material on record would go to show that
the parties had a ill-will against each other with regard to
certain civil disputes and they also had a political rivalry.
On the alleged date of incident, when deceased was
travelling along with first informant (CW.1) in his
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CRL.P No. 201174 of 2024
C/W CRL.P No. 201473 of 2024
motorbike, the accused persons, who came in a tractor
which was driven by accused No.1, dashed the said tractor
as against the motorbike and when the deceased and the
first informant fell down, the accused persons, who got
down from the tractor allegedly abused and assaulted
them. In the said incident, deceased Markandayya, who
had suffered grievous injuries, had died at the spot of the
incident. Thereafter, a typed complaint was submitted by
the injured eyewitness, based on which FIR in Crime
No.442/2023 was registered by Devadurga Police Station,
Raichur. In the typed first information, allegation of
assaulting deceased Markandayya with axe is made as
against accused Nos.1 and 3. Even in the further
statement of the injured eyewitness that was recorded on
28.12.2023, there is allegation as against accused Nos.1
and 3 about they assaulting the deceased with an axe. So
far as accused No.5 is concerned, though it is alleged in
the first information that he had assaulted deceased with
the axe on his left leg, in the further statement of the
injured, he has stated that accused No.5 had assaulted the
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C/W CRL.P No. 201473 of 2024
deceased with the handle of the axe. As against accused
No.8, in the first information, it was alleged that he had
stabbed the deceased with a knife on his chest, but in the
further statement, it is alleged that he had assaulted
deceased Markandayya with an axe on his leg. Therefore,
it is evident that allegations made against accused Nos.5
and 8 in the first information and in the further statement
of the first informant are not consistent and there are
contradictory versions.
8. Under the circumstances, I am of the opinion
that the prayer made by petitioner Nos.3 and 4/accused
Nos.5 and 8 for grant of regular bail needs to be
entertained while the prayer made by petitioner Nos.1 and
2/accused Nos.1 and 3 for grant of regular bail needs to
be rejected.
9. Insofar as accused No.2 is concerned, there is
no allegation as against him in the first information about
he assaulting the deceased or the injured. Accused No.2
is said to be the son of accused No.1 and is aged about 20
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CRL.P No. 201174 of 2024
C/W CRL.P No. 201473 of 2024
years. In the further statement of the first informant,
allegation was made that accused No.2 also had assaulted
deceased with an axe on his face. However, the Trial
Court taking into consideration that no such allegation was
found in the first information as against accused No.2, has
granted regular bail to him. Under the circumstances, I
am of the opinion that no ground is made out by the de-
facto complainant to cancel the order of regular bail
granted to accused No.2 by the jurisdictional Sessions
Court. Accordingly, the following order is passed:
ORDER
The Criminal Petition No.201174/2024 is partly
allowed. Petitioner Nos.3 and 4/accused Nos.5 and 8 are
directed to be enlarged on bail in Crime No.442/2023
registered by Devadurga Police Station, Raichur for the
offences punishable under Section 143, 147, 148, 341,
120-B, 302, 323, 324 read with Section 149 of IPC,
pending in C.C.No.91/2024 before the Court of JMFC,
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CRL.P No. 201174 of 2024
C/W CRL.P No. 201473 of 2024Devadurga, Raichur district, subject to the following
conditions:
a) Petitioner Nos.3 and 4/accused Nos.5 and 8
shall execute personal bond for a sum of
Rs.1,00,000/- each with two sureties for the
likesum, to the satisfaction of the jurisdictional
Court;
b) Petitioner Nos.3 and 4/accused Nos.5 and 8
shall appear regularly on all the dates of hearing
before the Trial Court unless the Trial Court
exempts their appearance for valid reasons;
c) Petitioner Nos.3 and 4/accused Nos.5 and 8
shall not directly or indirectly threaten or tamper
with the prosecution witnesses;
d) Petitioner Nos.3 and 4/accused Nos.5 and 8
shall not involve in similar offences in future;
e) Petitioner Nos.3 and 4/accused Nos.5 and 8
shall not leave the jurisdiction of the Trial Court
without permission of the said Court until the
case registered against them is disposed off.
The Criminal Petition No.201174/2024 is dismissed
as against petitioner Nos.1 and 2/accused Nos.1 and 3
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CRL.P No. 201174 of 2024
C/W CRL.P No. 201473 of 2024with liberty to file a fresh bail petition after examination of
the injured witness (CW.1) is completed before the Trial
Court.
The Criminal Petition No.201473/2024 filed by the
de-facto complainant and the victim stands dismissed.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGESRT
List No.: 1 Sl No.: 9
CT:PK
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