Allowed

Shankar Naikodi v. the State of Karnataka

Karnataka HC13 Dec 2024CRL.A/200265/2024

Case brief

AI extract

What is this about?

This criminal appeal concerned the grant of regular bail to two appellants detained for over a year in a caste-atrocity case. The High Court allowed the appeal, setting aside the lower court's order, and enlarged the appellants on bail given remote trial prospects.

What did the court decide?

The impugned order dated 03.09.2024 was set aside and the appellants were enlarged on bail subject to execution of bond, regular appearances, and restrictions on witness tampering or leaving jurisdict

Shankar Naikodi Vs the State of Karnataka — Caste Atrocities | Karnataka HC (2024)

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NC: 2024:KHC-K:9692 CRL.A No. 200265 of 2024

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IN THE HIGH COURT OF KARNATAKA,

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KALABURAGI BENCH

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DATED THIS THE 13^TH DAY OF DECEMBER, 2024

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BEFORE

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THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY

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CRIMINAL APPEAL NO. 200265 OF 2024

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BETWEEN:

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SHANKAR NAIKODI S/O PARAMESHWAR NAIKODI AGE 26 YEARS, OCC: COOLIE.

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DEVARAJ NAIKODI S/O GUNDAPPA NAIKODI AGE 20 YEARS, OCC: AGRICULTURE BOTH ARE RESIDENT OF HARKANCHI VILLAGE, TQ KAMALAPUR DIST KALABURAGI - 585 322.

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…APPELLANTS

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(BY SRI SANTOSH PATIL, ADV.)

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AND:

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Digitally signed by NANDINI MS Location: High Court of Karnataka

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THE STATE OF KARNATAKA THROUGH MAHAGAON POLICE STATION, TQ KAMALAPUR - 585 316 DIST KALABURAGI REPRESENTED BY ADDL. SPP HIGH COURT OF KARNATAKA KALABURAGI BENCH - 585 107.

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SMT. KASHIBAI W/O JADADEVAPPA KOTNOOR AGE 45 YEARS, OCC: HOUSEHOLD RESIDENT HARKANCHI TQ. KAMALAPUR - 585 322 DIST KALABURAGI

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(DE FACTO COMPLAINANT)

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…RESPONDENTS

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(BY SRI MALLIKARJUN SAHUKAR, AGA)

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NC: 2024:KHC-K:9692 CRL.A No. 200265 of 2024

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THIS CRL.A IS FILED U/SEC. 14-A (2) OF SC/ST (POA) ACT, PRAYING TO THE HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE IMPUGNED ORDER DATED 03.09.2024 PASSED IN CRL.MISC.NO. 1341/2024 BY II ADDL. DISTRICT AND SESSIONS JUDGE, KALABURAGI IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.

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

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

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ORAL JUDGMENT

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

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This appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'the Act'), is filed with a prayer to set aside the order dated 03.09.2024 passed in Crl. Misc. No.1341/2024 by the Court of II Addl. District & Sessions Judge, Kalaburagi, and enlarge the appellants on bail in Spl.C.(SC/ST) No.1/2024 pending before the Court Court of II Addl. District & Sessions Judge, Kalaburagi, arising out of Crime No.103/2023 registered by Mahagoan Police Station, Kalaburagi District, for the offences punishable under Sections 143, 147, 148, 114, 341, 323, 324, 302, 504, 506 read with 149 IPC and Sections 3(1)(r), 3(1)(s), 3(2)v) of the Act.

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3 - NC: 2024:KHC-K:9692 CRL.A No. 200265 of 2024

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Heard the learned Counsel for the appellants and the learned AGA for respondent no.1. Respondent no.2 though served in the matter has remained unrepresented before this Court.

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FIR in Crime No.103/2023 was registered by Mahagoan Police Station, Kalaburagi District, against Shankar & others for the aforesaid offences on the basis of the first information dated 27.10.2023 received from Smt. Kashibai. During the course of investigation of the case, petitioners herein who were arrayed as accused nos.1 & 2 were arrested on 27.10.2023 and subsequently remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed against seven persons. Appellants herein are arrayed as accused nos.1 & 2 in the charge sheet. Their bail application filed before the jurisdictional Sessions Court earlier was rejected, and therefore, they had approached this Court in Crl.A.No.200172/2024 which was dismissed as withdrawn on 10.07.2024 with liberty to the appellants to approach this Court afresh after examination of CWs-13 & 14 who are the alleged eye-witnesses in the case is completed before the Trial Court.

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NC: 2024:KHC-K:9692 CRL.A No. 200265 of 2024

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Therefore, the appellants are before this Court in successive appeal.

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Learned Counsel for the appellants having reiterated the grounds urged in the appeal, submits that the appellants who do not have criminal antecedents are in custody for the last more than one year. CWs-13 & 14 who are the alleged eyewitnesses in the case have been examined before the Trial Court as PWs-2 & 3. PW-2 has not supported the case of the prosecution, while PW-3 has supported the case of the prosecution. The prosecution, in all, has cited 35 charge-sheet witnesses in the present case. Chances of trial being completed in the near future is remote. Accordingly, he prays to allow the appeal.

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Per contra, learned AGA has opposed the appeal. He submits that PW-3 has supported the case of the prosecution. There are serious allegations against the appellants. Accordingly, he prays to dismiss the appeal.

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Perusal of the material available on record would go to show that CWs-13 & 14 are the alleged eye-witnesses to the

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5 - NC: 2024:KHC-K:9692 CRL.A No. 200265 of 2024

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incident in question dated 27.10.2023 and based on the information given by the said witnesses, first informant had approached the police and submitted the complaint, based on which, law was set in motion in the present case. As per the charge sheet allegations, on 27.10.2023, the accused persons who were armed with deadly weapons had restrained deceased Jagadevappa and assaulted him with weapons which they had brought along with them. The allegation of assaulting the deceased with iron pipe is against accused no.1, and accused no.2 allegedly had assaulted him with a club. The other accused persons vzi., accused nos.3 to 5 had assaulted the deceased with hands and legs. Accused nos.6 & 7 had instigated the other accused persons to assault Jagadevappa and commit his murder. Except accused nos.1 & 2, the other accused persons have been already enlarged on bail. CWs-13 & 14 are the alleged eye-witnesses in the present case and the earlier bail application filed by the appellants was dismissed as withdrawn with liberty to approach this Court afresh after examination of CWs-13 & 14 is completed before the Trial Court, who are now examined as PWs-2 & 3. Therefore, there

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cannot be any apprehension that material witnesses may be tampered by the accused.

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Appellants who do not have criminal antecedents are in custody for the last more than one year. Appellants are aged about 26 years and 20 years, respectively. The prosecution, in all, has cited 35 charge-sheet witnesses in the present case, and therefore, the chances of trial being completed in the near future is remote. Under the circumstances, I am of the opinion that the prayer made by the appellants for grant of regular bail is required to be answered affirmatively. Accordingly, the following order:

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Appeal is allowed. The order dated 03.09.2024 passed in Crl. Misc. No.1341/2024 by the Court of II Addl. District & Sessions Judge, Kalaburagi, is set aside. The appellants/accused nos.1 & 2 are directed to be enlarged on bail in Spl.C.(SC/ST) No.1/2024 pending before the Court Court of II Addl. District & Sessions Judge, Kalaburagi, arising out of Crime No.103/2023 registered by Mahagoan Police Station, Kalaburagi District, for the offences punishable under Sections 143, 147, 148, 114, 341, 323, 324, 302, 504, 506 read with

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NC: 2024:KHC-K:9692 CRL.A No. 200265 of 2024

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149 IPC and Sections 3(1)(r), 3(1)(s), 3(2)v) of the Act, subject to the following conditions:

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a) 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;

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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;

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

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

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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.

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SD/(S VISHWAJITH SHETTY) JUDGE

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Shankar Naikodi v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Shankar Naikodi v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

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