Allowed

Sri Dhanraj v. the State of Karnataka and Anr.

Karnataka HC25 Sept 2024CRL.A/200223/2024

Case brief

AI extract

What is this about?

Appeals for regular bail by accused Nos.4, 5, 6 and 10 in a land-dispute murder case registered under the IPC and SC/ST (POA) Act. The court noted the fatal axe blow was attributed only to accused No.1, similar allegations against a co-accused already granted bail, and allowed the appeals, enlarging the appellants on bail with conditions.

What did the court decide?

Appellants enlarged on regular bail in Spl.Case No.5009/2024 on personal bond of Rs.1,00,000 each with two sureties, subject to conditions.

Sri Dhanraj Vs the State of Karnataka and Anr. — Caste Atrocities | Karnataka HC (2024)

¶1

¶2

NC: 2024:KHC-K:7407 CRL.A No. 200223/2024 C/W CRL.A Nos. 200217/2024, 200224/ 2024

¶3

IN THE HIGH COURT OF KARNATAKA,

¶4

KALABURAGI BENCH

¶5

DATED THIS THE 25^TH DAY OF SEPTEMBER, 2024

¶6

BEFORE

¶7

THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY

¶8

CRIMINAL APPEAL NO. 200223/2024 C/W CRIMINAL APPEAL NOs. 200217/2024, 200224/2024

¶9

IN CRL. A.NO. 200223/2024:

¶10

BETWEEN:

¶11

SRI DHANRAJ S/O DASAVANAPPA NUMBURE AGED ABOUT 48 YEARS OCC AGRICULTURE R/O NIRNAWADI TQ CHITAGUPPA BIDAR.

¶12

…APPELLANT

¶13

(BY SRI S.S. MAMADAPUR, ADV.)

¶14

AND:

¶15

Digitally signed by NANDINI MS Location: High Court of Karnataka

¶16

THE STATE OF KARNATAKA THROUGH MANNAEKHELLI POLICE STATION, CHITAGUPPA BY ADDL STATE PUBLIC PROSECUTOR ADVOCATE GENERALS OFFICE HIGH COURT BUILDING KALABURAGI - 585 105.

¶17

NEELKANTH S/O MALLIKARJUN RAJGIRE AGED ABOUT 19 YEARS OCC AGRICULTURE R/O NIRNAWADI TQ CHITAGUPPA, BIDAR - 585 412.

¶18

…RESPONDENTS

¶19

¶20

NC: 2024:KHC-K:7407 CRL.A No. 200223/2024 C/W CRL.A Nos. 200217/2024, 200224/ 2024

¶21

(BY SMT. ANITA M, REDDY, HCGP FOR R-1; NOTICE TO R-2 IS H/S V/O DTD:19.09.2024)

¶22

THIS CRL.A IS FILED U/SEC. 14-A (2) OF SC/ST (POA) ACT, PRAYING TO SET ASIDE THE ORDER DATED 24.07.2024 PASSED BY THE HONOURABLE II ADDL. DISTRICT AND SESSIONS COURT, BIDAR SITTING AT BASAVAKALYAN IN CRL.MISC. NO. 5159/2024 AND CONSEQUENTLY ENLARGE HIM ON BAIL IN MANNAEKHELLI POLICE STATION , DIST. BIDAR IN CRIME NO. 5/2024 REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTION 143, 147, 148, 302, 307, 324, 341, 504, 506 R/W SEC. 149 OF IPC AND SECTION 3(2)(v), 3(2)(va) OF SC/ST (POA) ACT, 1989 PENDING ON THE FILE OF THE HONOURABLE II ADDL. DISTRICT AND SESSIONS JUDGE, BIDAR, SITTING AT BASAVAKALYAN ON SUCH TERMS AND CONDITIONS AS THIS HONOURABLE COURT DEEMS FIT TO IMPOSE UPON HIM IN THE INTEREST OF JUSTICE AND EQUITY.

¶23

IN CRL. A.NO. 200217/2024:

¶24

BETWEEN:

¶25

1 . PAWAN @ PRAVEEN AND ANR S/O SHANKAR NIMBURE AGE 46 YEARS OCC WORKING AT MAHINDRA LOGISTIC LIMITED, ZAHEERABAD R/O NIRNAWADI TQ CHITGUPPA DIST BIDAR NOW AT H.NO.3-6-121 SRI RAMA MAHELA ZAHEERABAD, DISTRICT MEDAK TELANGANA.

¶26

2 . CHANNAPPA

¶27

S/O SHANKAR NIMBURE AGE 37 YEARS OCC WORKING AT MAHINDRA LOGISTIC LIMITED, ZAHEERABAD R/O NIRNAWADI TQ CHITGUPPA DIST BIDAR, NOW AT H.NO.3-6-121 SWE SERVICE HOUSE NO.2-4-2531 BAGAREDDY PALLI, SRI RAMA MAHELA ZAHEERABAD DISTRICT MEDAK TELANGANA.

¶28

…APPELLANTS

¶29

¶30

NC: 2024:KHC-K:7407 CRL.A No. 200223/2024 C/W CRL.A Nos. 200217/2024, 200224/ 2024

¶31

(BY SRI ASHOK MALAGE, ADV.)

¶32

AND:

¶33

1 . STATE OF KARNATAKA AND ANR THROUGH MANNAEKHELLI POLICE CHITGUPPA DISTRICT, BIDAR THROUGH ADDL SPP HIGH COURT OF KARNATAKA KALABURAGI - 585 107.

¶34

2 . NEELKANTH

¶35

S/O MALLIKARJUN RAJGIRE AGE 19 YEARS OCC AGRICULTURE R/O IRNAWADI, TQ CHITGUPPA DIST BIDAR 585 401.

¶36

..RESPONDENTS (BY SMT. ANITA M, REDDY, HCGP FOR R-1; NOTICE TO R-2 IS H/S V/O DTDl19.09.2024)

¶37

THIS CRL.A IS FILED U/SEC. 14(A)(2) OF SC/ST (PA) ACT, PRAYING TO SET ASIDE THE ORDER DATED 01.07.2024 PASSED BY THE COURT OF II ADDL. DISTRICT AND SESSIONS COURT BIDAR, SITTING AT BASAVAKALYAN INSOFAR APPELLANTS ARE CONCERNED IN CRL.MISC.NO. 5130/2024 ON ITS FILE AND THEREBY ENLARGE THE APPELLANTS/ ACCUSED NO.5 AND 6 ON BAIL IN CRIME NO. 05/2024 PENDING ON THE FILE OF II ADDL. DISTRICT AND SESSIONS COURT, BASAVAKALYAN, DISTRICT BIDAR REGISTERED MANNA EKHELLI PS.S. FOR THE OFFENCES PUNISHABLE U/SECS. 143, 147, 148, 302, 307, 324, 341, 504, 506 R/W 149 OF IPC AND U/SEC. 3(2)(v), 3(2)(va) OF SC AND ST (PREVENTION OF ATROCITIES) AMENDMENT ACT 2015, IN THE INTEREST OF JUSTICE.

¶38

IN CRL. A.NO. 200224/2024:

¶39

BETWEEN:

¶40

KASHINATH S/O SUBHASH AGE 48 YEARS OCCUPATION AGRICULTURE AND CHAIRMAN OF GRAM PANCHAYAT

¶41

4 - NC: 2024:KHC-K:7407 CRL.A No. 200223/2024 C/W CRL.A Nos. 200217/2024, 200224/ 2024

¶42

MANDAKNALLI, RESIDENT OF MANDAKNALLI VILLAGE TQ. BIDAR - 585 226.

¶43

...APPELLANT

¶44

(BY SRI R.S. LEGALI, ADV.)

¶45

AND:

¶46

1 . THE STATE OF KARNATAKA AND ANR THROUGH THE SHO, MANNA EKHELLI P.S REPTD BY THE ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA KALABURAGI BENCH - 585 103.

¶47

2 . NEELKANTH

¶48

S/O MALLIKARJUN RAJGIRE AGE 19 YEARS OCCUPATION AGRICULTURE RESIDENT OF NIRNA WADI VILLAGE TQ CHITGUPPA DIST BIDAR - 585 227.

¶49

…RESPONDENTS

¶50

(BY SMT. ANITA M REDDY, HCGP FOR R-1; V/O DTD:19.09.2024 NOTICE TO R-2 IS H/S)

¶51

THIS CRL.A IS FILED U/SEC. 14 (2) A OF SC/ST (PA) ACT, PRAYING TO, ALLOW THIS APPEAL AND THEREBY SET ASIDE THE ORDER DATED 24.07.2024 PASSED IN CRL MISC NO. 5157/2024 BY THE HONOURABLE II ADDL DISTRICT AND SESSION JUDGE/SPECIAL JUDGE, BIDAR SITTING AT BASAVAKALYAN AND ORDER THE RELEASE OF THE APPELLANT ON BAIL IN SPECIAL CASE (SC/ST) NO. 5009/2024 (ARISING OUT OF MANNA EKHELLI P.S CRIME NO. 5/2024) PENDING ON THE FILE OF THE HONOURABLE II ADDL DISTRICT AND SESSION JUDGE/SPECIAL JUDGE, BIDAR SITTING AT BASAVAKALYAN FOR THE OFFENCES U/S 143, 147, 148, 302, 307 341, 341, 504, 506 R;/W S. 149 OF IPC ALONG WITH S.3(2) (Va) OF ATROCITIES ACT SC/ST (PREVENTION OF ATROCITIES) ACT IN THE INTEREST OF JUSTICE.

¶52

THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

¶53

CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY

¶54

5 - NC: 2024:KHC-K:7407 CRL.A No. 200223/2024 C/W CRL.A Nos. 200217/2024, 200224/ 2024

¶55

ORAL JUDGMENT

¶56

(PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)

¶57

Accused Nos.4, 5, 6 and 10 in Spl.Case No.5009/2024 pending on the file of II Addl. District and Sessions Judge, Bidar, sitting at Basavakalyana, arising out of Crime No.5/2024 registered by Manna Ekhelli Police Station, Bidar, for the offences punishable under Sections 143, 147, 148, 302, 307, 324, 341, 504, 506 and 149 of IPC and Sections 3(2)(v) and 3(2)(va) of the SC/ST (POA) Amendment Act, 2015, are before this Court in these three appeals filed under Section 14-A(2) of the SC/ST (POA) Act, 1989, seeking regular bail.

¶58

Heard the learned counsel for the appellants and learned HCGP for respondent No.1. Respondent No.2, who is served in these matters has remained unrepresented before this Court.

¶59

FIR in Crime No.5/2024 was registered by Manna Ekhelli Police Station, Bidar, for the aforesaid offences against Lingaraj and others on the basis of the first information dated 10.01.2024 received from Nilakanth, who is the son of deceased Mallikarjun Rajagire. Appellants herein were

¶60

6 - NC: 2024:KHC-K:7407 CRL.A No. 200223/2024 C/W CRL.A Nos. 200217/2024, 200224/ 2024

¶61

arraigned as accused Nos.4, 5, 6 and 10 in the FIR. During the course of investigation, accused Nos.4, 5 and 6 were arrested on 11.01.2024. Investigation in the case is completed and charge sheet has been filed against 10 accused persons. Accused No.10 had subsequently surrendered before the jurisdictional Court on 05.07.2024. Bail application filed by the appellants before the jurisdictional Sessions Court was rejected. Therefore, they are before this Court.

¶62

Learned counsels for the appellants submits that accused No.2 has been granted regular bail by this Court in Crl.P.No.200169/2024 and accused Nos.8 and 9 have been granted regular bail by the jurisdictional Sessions Court. They submit that allegation of assaulting deceased Mallikarjun on his head with axe is as against accused No.1 and as per the Post Mortem Report, death of the deceased was due to intracranial and subdural hemorrhage secondary to head injury. They submit that having regard to the aforesaid aspects of the matter, appellants herein are entitled for bail on the ground of parity.

¶63

¶64

NC: 2024:KHC-K:7407 CRL.A No. 200223/2024 C/W CRL.A Nos. 200217/2024, 200224/ 2024

¶65

Per contra, learned HCGP has opposed the prayer made in the appeals. However, she does not dispute the submission made by learned counsel for the appellants.

¶66

The material on record would go to show that there was a boundary dispute between parties with regard to the land bearing Sy.No.382 measuring 6 acres which stood in the name of accused No.1. At the request of accused No.1, on 10.01.2024, officers of Survey Department had arrived at the disputed property for the purpose of conducting a Survey. Since Mallikarjun had not agreed for conducting survey, officers of Survey Department had left the spot. Thereafter when the accused persons were trying to remove the boundary stone from the property in dispute, Mallikarjun objected for the same. Accused persons, who were armed with weapons after abusing him, allegedly assaulted him. Accused No.1 allegedly had assaulted Mallikarjun on his head with an axe and accused Nos.2 and 4 allegedly assaulted him on his left hand with a dragger and spade respectively. Accused No.3 allegedly assaulted CW1 with a machete causing blood oozing injuries and he also had assaulted Mallikarjun with the very same

¶67

8 - NC: 2024:KHC-K:7407 CRL.A No. 200223/2024 C/W CRL.A Nos. 200217/2024, 200224/ 2024

¶68

machete. Accused Nos.8, 9 and 10 had allegedly assaulted Mallikarjun with wooden clubs after he had fallen down.

¶69

This Court considering the fact that allegation of assaulting deceased Mallikarjun on his head with an axe was only as against accused No.1 and the Post Mortem report of the deceased would go to show that cause of death was due to intracranial and subdural hemorrhage secondary to head injury, has granted regular bail to accused No.2 as against whom there is allegation of assaulting Mallikarjun on his left hand with a sickle. Similar allegations is found as against accused No.4. Insofar as accused Nos.5 and 6 are concerned, omnibus allegations are found as against them. The allegations against accused Nos.8, 9 and 10 are identical. Accused Nos.8 and 9 have been already granted regular bail by the jurisdictional Sessions Court. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the appellants for regular bail requires to be granted. Accordingly, the following order:-

¶70

NC: 2024:KHC-K:7407 CRL.A No. 200223/2024 C/W CRL.A Nos. 200217/2024, 200224/ 2024

¶71

¶72

The appeals are allowed. The order dated 24.07.2024 in Crl.Misc.No.5159/2024, order dated 01.07.2024 in Crl.Misc.No.5130/2024 and order dated 24.07.2024 in Crl.Misc.No.5157/2024 passed by the II Addl. District and Sessions Judge, Bidar sitting at Basavakalyan, are hereby setaside.

¶73

The appellants are directed to be enlarged on bail, in Spl.Case No.5009/2024 pending on the file of II Addl. District and Sessions Judge, Bidar, sitting at Basavakalyana, arising out of Crime No.5/2024 registered by Manna Ekhelli Police Station, Bidar, for the offences punishable under Sections 143, 147, 148, 302, 307, 324, 341, 504, 506 and 149 of IPC and Sections 3(2)(v) and 3(2)(va) of the SC/ST (POA) Amendment Act, 2015, subject to the following conditions:

¶74

a) The appellants 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;

¶75

10 -

¶76

NC: 2024:KHC-K:7407 CRL.A No. 200223/2024 C/W CRL.A Nos. 200217/2024, 200224/ 2024

¶77

b) The appellants shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons;

¶78

c) The appellants shall not directly or indirectly threaten or tamper with the prosecution witnesses;

¶79

d) The appellants shall not involve in similar offences in future;

¶80

e) The appellants shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off.

¶81

SD/(S VISHWAJITH SHETTY)

¶82

JUDGE

¶83

Sri Dhanraj v. the State of Karnataka and Anr.

Case brief

What is this about?

What did the court decide?

Sri Dhanraj v. the State of Karnataka and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Anwar Vs the State of Karnataka

Venkatarao Vs the State of Karnataka

Olekara Kumara Alias Kumara Vs State of Karnataka

Devappa Veerappa Malasamudra (Name as Per Fir) Vs the State of Karnataka

Sri Raju S/O Bandu Naik Vs the State of Karnataka

Ati Sonam Kaur Vs Deputy Commissioner of Excise Kalaburagi