Criminal Appeal filed to enlarge bail for the appellant charged with murder, rape, and atrocities. The Single Judge dismissed the appeal, holding that given the gravity of the offences and circumstantial evidence, it is not a fit case to grant bail.
The Criminal Appeal was dismissed; the appellant's bail application was rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1 Crl.A.No.1761/2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 01ST DAY OF FEBRUARY, 2022
BEFORE
THE HON’BLE Mrs. JUSTICE K S MUDAGAL
CRIMINAL APPEAL NO.1761/2021
BETWEEN:
NAGARAJA S/O NINGAPPA AGED ABOUT 26 YEARS OCC:COOLIE R/O JANKAL GRAMA HOSADURGA TALUK CHITRADURGA DISTRICT - 577 527.
...APPELLANT
(BY SRI R.B.DESHPANDE, ADVOCATE)
AND
2
Crl.A.No.1761/2021
THIS APPEAL IS FILED UNDER SECTION 14(A)(2) OF SC/ST (POA) ACT PRAYING TO SET ASIDE THE ORDER DATED 29.10.2021 PASSED IN SPL.C(SC/ST AND POCSO) NO.26/2021 PASSED BY THE SPECIAL II ADDITIONAL DISTRICT & SESSIONS JUDGE, CHITRADURGA, CONSEQUENTLY TO ENLARGE THE APPELLANT/ACCUSED NO.1 ON BAIL IN CR.NO.361/2021 OF HOSADURGA POLICE STATION, CHITRADURGA DISTRICT(CHARGE SHEETED FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 302, 376(3), 376(2)(n), 201 OF IPC AND SECTION 3(2)(5) OF SC/ST (POA) AMENDMENT ORDINANCE 2014 ACT AND SECTION 4,6 OF POCSO ACT) NOW PENDING ON THE FILE OF SPECIAL II ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHITRADURGA IN SPL.C.(SC/ST AND POCSO)NO.26/2021.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT THROUGH VIDEO CONFERENCE DELIVERED THE FOLLOWING:
JUDGMENT
Aggrieved by the rejection of his application for bail, accused No.1 in Spl.C.(SC/ST&POCSO) No.26/2021 on the file of II Additional District and Sessions Judge, Chitradurga has preferred the above appeal.
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Crl.A.No.1761/2021
basis of the charge sheet filed by Hosadurga Police in Crime No. 361/2021 after investigation.
Victim 'X' was aged 16 years as on 29.06.2021 (for the
purpose of confidentiality victim is referred to as ‘X’ henceforth). C.W.2 is father and C.W.1 is elder sister of 'X'. C.W.3 and C.W.4 are mother and grandmother of 'X'. 'X' was first married to one Umesh and out of the said wedlock, the couple had a daughter by name Kum.Mahalakshmi, aged about 2 years. Said marriage was broken. Therefore, 'X' was living with C.Ws.1 to 4 along with her daughter. Accused No.1 developed an affair and sexual relationship with 'X' since 3-4 years prior to the incident. He had promised to marry her. Of late, the appellant started to harass 'X' suspecting her fidelity. In that background, he planned to commit her murder with the help of accused Nos.2 and 3. In execution of such conspiracy, on 29.01.2021 at 11.00 p.m., the appellant picked up 'X' on his motorcycle luring that they had to go to fix up a rented house. He took her to the land of C.W.5 situated within Janakal village
limits. Accused Nos.2 and 3 were already present there. Accused No.3 kept a watch to alert accused Nos.1 and 2 if
4 Crl.A.No.1761/2021
anybody comes. Appellant picked up a quarrel with 'X' stating that she has illicit relationship with others. Accused No.2 gripped both the hands of the victim and the appellant hit her, throttled her and committed her murder. After killing her, to screen the evidence of the offence, accused Nos.1 and 2 dropped the dead body into the Well situated in the said land.
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No.2 gripped the hands of the victim, he was implicated in the case only on the basis of voluntary statement of the appellant. There are no allegations of assault against accused No.3. Therefore, parity ground is not applicable to the appellant.
JUDGE
Sd/-
*sp
2 issues framed by the court
Whether the accumulated count of offences and gravity of the case makes it a fit case to grant bail.
Whether the applicability of parity of plight between co-accused who have already been granted bail is recognized.
4 provisions across 3 enactments
NAGARAJA
STATE OF KARNATAKA
SMT.MANJULA
K S MUDAGAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
