Shri Sana S/O Ganesh Marathi Vs Sri Ujwal S/O Prakash Kakkerikar

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NC: 2025:KHC-D:6347 CRL.A No. 100043 of 2025

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 9^TH DAY OF APRIL, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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CRIMINAL APPEAL NO.100043 OF 2025

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BETWEEN:

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SHRI. SANA S/O. GANESH MARATHI, AGE: 28 YEARS, OCC: COOLIE, R/O: HUNSHETTIKOPPA, YELLAPUR – 581 359, DIST: UTTARA KANNADA, KARWAR. (BY SRI. S. G. KADADAKATTI, ADVOCATE)

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…APPELLANT

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AND:

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SRI. UJWAL S/O. PRAKASH KAKKERIKAR, AGE: 18 YEARS, OCC: COOLIE, R/O: KAMATIKOPPA, GUNDOLLI, TQ: HALIYAL – 581 329.

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Digitally signed by YASHAVANT NARAYANKAR Location: High Court of Karnataka, Dharwad Bench, Dharwad

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SRI. WELSTIN WILSIN GUTTIKAR, R/O: KAMATIKOPPA, GUNDOLLI, TQ: HALIYAL – 581 329.

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THE STATE OF KARNATAKA, THROUGH YELLAPUR P.S., REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENCH AT DHARWAD, DHARWAD – 580 011.

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…RESPONDENTS

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(BY SRI. ABHISHEK MALIPATIL, HCGP FOR R3; R1 AND R2 ARE SERVED)

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THIS CRIMINAL APPEAL IS FILED U/SEC. 14A(2) OF SC/ST (POA) ACT, 1989 SEEKING TO CALL FOR RECORDS AND SET ASIDE THE ORDER DATED 19.10.2024 PASSED BY 2^ND ADDITIONAL DISTRICT AND SESSIONS COURT, UTTARA KANNADA KARWAR IN SPL. CASE NO. 50/2024 REGISTERED BY THE YALLAPUR POLICE

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NC: 2025:KHC-D:6347 CRL.A No. 100043 of 2025

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STATION IN CRIME NO. 51/2024 FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 341, 302, 504, 506, 149 OF IPC AND SECTIONS 3(1)(r), 3(1)(s), 3(2)(Va), 3(2)(V) OF SC/ST (POA) AMENDED ACT 2015 BY ALLOWING THIS APPEAL AND TO RELEASE THE ACCUSED NO.1 APPELLANT ALONE FOR THE SAID OFFENCES IN THE INTEREST OF JUSTICE AND EQUITY.

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

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CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL JUDGMENT

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This appeal is filed by accused No.1 praying to set aside the order dated 19.10.2024 passed in Special Case No.50/2024 by the learned II Additional District and Sessions Judge, Uttara Kanada, Karwar, whereunder the bail application of appellant-accused No.1 sought in respect of Crime No.51/2024 of Yallapura Police Station registered for the offences punishable under Sections 143, 147, 341, 302, 504, 506, 149 of the Indian Penal Code (hereinafter referred to as ‘the IPC’, for short) and Sections 3(1)(r), 3(1)(s), 3(2)(Va), 3(2)(V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as ‘the SC & ST Act’, for short), came to be rejected.

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NC: 2025:KHC-D:6347 CRL.A No. 100043 of 2025

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Heard the learned counsel for the appellant, and the learned High Court Government Pleader for respondent No.3/State. In spite of service of notice, respondent Nos.1 and 2 remained absent and unrepresented.

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Case of the prosecution is that, the deceased who overtook the vehicle of the accused, on being questioned by him as to why he overtook his vehicle, he asked who they are to ask him regarding overtaking of vehicle and therefore, enraged by that they chased the deceased and slapped on his cheek and deceased – Prajwal fell down on the road and sustained injuries. He was taken to the Hospital and he was found dead. The police after investigation have filed charge sheet against accused Nos.1 to 6 for the aforesaid offences. The appellant–accused No.2 who is in judicial custody has filed bail application and the same came to be rejected by the impugned order which is challenged in this appeal.

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NC: 2025:KHC-D:6347 CRL.A No. 100043 of 2025

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Learned counsel for the appellant would

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contend that, the incident has taken place in a sudden

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quarrel and no weapon has been used by appellantaccused No.1 to assault the deceased. The accusation against appellant-accused No.1 is that he assaulted the deceased with his hand on the cheek and made him to fall on the road. He further submits that there is no preparation by the accused persons to assault the deceased and the charge sheet is filed against appellantaccused No.1. Without considering all these aspect, the learned Special Judge has erred in passing the impugned order which requires to be set aide. With this, he prays to allow the appeal and grant bail to the appellant-accused.

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Per contra, the learned High Court Government Pleader would contend that, the offences alleged against appellant-accused No.1 are heinous offences punishable with death or imprisonment for life. Charge-sheet materials show prima facie case against appellant-accused No.1. There is threat to the prosecution witnesses.

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Appellant-accused No.1 has assaulted the deceased with hand on cheek and made him to fall on the road. The learned Special Judge, has rightly rejected the bail application of the appellant. With this, he prayed for dismissal of the appeal.

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Having heard the learned counsel, the Court

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has perused the impugned order and other materials placed before the Court.

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The overt act alleged against appellant – accused No.1 is that he assaulted the deceased on cheek

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and made him to fall on the road and caused injuries to the head. There is no allegation of use of any weapon by

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appellant–accused No.1 and same shows that there is no preparation and the incident has taken place in a sudden quarrel. As charge-sheet is filed, appellant-accused No.1 is not required for custodial interrogation. Without considering all these aspects, the learned Special Judge has erred in rejecting the bail application of appellantaccused No.1 by the impugned order. Appellant-accused

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NC: 2025:KHC-D:6347 CRL.A No. 100043 of 2025

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No.1 has made out grounds for setting aside the impugned order and grant of bail.

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8. In the result, the following:

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ORDER

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The appeal is allowed. The impugned order dated 19.10.2024 passed in Special Case No.50/2024 by the learned II Additional District and Sessions Judge, Uttara Kanada, Karwar, is set aside. Appellant-accused No.1 is granted bail in Crime No.51/2024 of Yallapura Police Station, subject to the following conditions:

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i. The appellant-accused No.1 shall execute a personal bond for a sum of Rs.1,00,000/(Rupees one lakh only) with one surety for the likesum to the satisfaction of the Special Court.

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