Dismissed

Shri Laxmikant S/O Gunavant Yelari v. the State of Karnataka

Karnataka HC9 Sept 2024CRL.A/100580/2022

Case brief

AI extract

What is this about?

A criminal appeal by an appellant accused of murder under Section 302 IPC and the SC/ST Act seeking bail was dismissed. The Court held that quashing of charges against co-accused and alleged trial delay are insufficient grounds for bail in a heinous offence, especially after a prior appeal was dismissed on merits.

What did the court decide?

The appeal was dismissed; the appellant was advised to move the Sessions Court regarding delay in trial under Section 439 Cr.P.C.

Shri Laxmikant S/O Gunavant Yelari Vs the State of… — Caste Atrocities | Karnataka HC (2024)

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1 - NC: 2024:KHC-D:12870 CRL.A No. 100580 of 2022

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IN THE HIGH COURT OF KARNATAKA,DHARWAD BENCH

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DATED THIS THE 9^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

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CRIMINAL APPEAL NO. 100580 OF 2022

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BETWEEN:

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SHRI LAXMIKANT S/O GUNAVANT YELARI AGE. 25 YEARS, OCC. MASON R/O GOKAK ROAD, NEAR 1^ST BUS STOP, MUCHANDI HOBLI, GORAL BUILDING, ALAVANGALLI, SHAHAPUR. TQ AND DIST. BELAGAVI-590012.

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…PETITIONER

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(BY SRI. PRASHANT F GOUDAR, ADVOCATE)

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AND:

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Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA (SHAHAPURA POLICE STATION, BELAGAVI) R/BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA DHARWAD BENCH, DHARWAD-580011.

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SMT. LAXMI W D/O RAJU POL AGE. 43 YEARS, OCC. BUSINESS R/O BASWAN GALLI, BELAGAVI-590002.

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…RESPONDENTS

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(BY SRI. ASHOK T. KATTIMANI, AGA FOR R1, SMT. NAGARATHNA S. PATTAR, ADV. FOR R2)

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2 - NC: 2024:KHC-D:12870 CRL.A No. 100580 of 2022

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THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14A(2) OF SC/ST ACT OF CR.PC., SEEKING TO ENLARGE THE APPELLANT ON BAIL WHO IS ARRAYED AS ACCUSED NO. 1 IN CONNECTION WITH SHAHAPUR P.S. CRIME NO. 47/2021, DATED 03.07.2021 FOR THE OFFENCES PUNISHABLE SECTIONS 498A, 302, 504 R/W SECTION 34 OF IPC, 1860 AND UNDER SECTIONS 3(2)(v), 3(2)(va), 3(1)(s) OF SCHEDULED CASTE AND SCHEDULED OF TRIBE (PREVENTION OF ATROCITIES) ACT, 1989, PENDING ON THE FILE OF III ADDL. SESSIONS COURT BELAGAVI IN S.C. NO. 215/2021.

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THIS APPEAL IS COMING ON FOR ORDERS, THROUGH VIDEO CONFERENCING AT PRINCIPAL BENCH, BENGALURU, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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CORAM: THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

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ORAL JUDGMENT

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This appeal is preferred by the appellant praying to enlarge him on bail in Crime No.47/2021 of Shahapur Police Station, wherein charge sheet is filed for the offence punishable under Section 498A, 302, 504 r/w 34 of IPC, Section 3(2)(v), 3(2)(va) and 3(1)(s) of SC/ST (POA) Amendment Act, 2015.

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Appellant is accused of committing the murder

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of his wife Jyothi by strangulating her with a rope, in the rented house where they were residing, on 02.07.2021 between 9.30 a.m., and 8.40 p.m.

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3 - NC: 2024:KHC-D:12870 CRL.A No. 100580 of 2022

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Challenging the rejection of the bail petition by

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the learned Sessions Judge, appellant had preferred Criminal Appeal No.100481/2021 before this Court. The said appeal was dismissed on merits vide order dated 27.01.2022.

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Appellant once again preferred a petition under Section 439 of Cr.P.C., to enlarge him on bail before the Sessions Court. The learned Sessions Judge vide order dated 24.05.2022, in Criminal Misc No.576/2022 has dismissed the said petition.

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The learned counsel for the appellant would contend that the proceedings against accused Nos.2 to 4 have been quashed, by this Court in Crl.P No.102900/2022 on 19.04.2024, whereas the present appellant is languishing in judicial custody since 03.07.2021. He submits that the charges are not yet framed, hence, there is delay in conducting the trial and therefore, sought to enlarge the appellant on bail.

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4 - NC: 2024:KHC-D:12870 CRL.A No. 100580 of 2022

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The prayer of the appellant for bail has been

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opposed by the learned Additional Government Advocate appearing for the State.

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While dismissing the earlier appeal, this Court has considered the entire facts and circumstances of the case. The said appeal was dismissed on merits. The learned Sessions Judge has also considered the nature and gravity of the offence and observing that the offence under Section 302 of IPC is punishable with death or imprisonment for life, declined to exercise the discretion in favour of the appellant.

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Appellant is accused of committing a heinous

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offence. Quashing of criminal proceedings against accused Nos.2 to 4 is not a ground to enlarge him on bail.

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In so far as the delay in conducting trial is concerned, the appellant has not raised any such grounds before the trial Court. Hence, appellant is at liberty to move the Sessions Court afresh under Section 439 of

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5 - NC: 2024:KHC-D:12870 CRL.A No. 100580 of 2022

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Cr.P.C., on any changed circumstances including the

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ground of delay if any in conducting the trial.

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If any such application as mentioned above is

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filed, the learned Sessions Judge shall dispose of the same in accordance with law, as expeditiously as possible.

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With the above observation, the appeal is

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dismissed .

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Sd/(MOHAMMAD NAWAZ) JUDGE

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HB/List No.: 19 Sl No.: 1

Shri Laxmikant S/O Gunavant Yelari v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Shri Laxmikant S/O Gunavant Yelari v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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