Dileep Vs Hemabai and Anr.

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NC: 2025:KHC-K:159 CRL.A No. 200258 of 2024

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IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 13^TH DAY OF JANUARY, 2025 BEFORE

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THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL APPEAL NO. 200258 OF 2024 (U/S 14 (A))

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BETWEEN:

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DILEEP S/O MALLIKARJUN @ MALLAPPA DASURE, AGE: 23 YEARS, OCC: COOLIE, R/O: BANDENAWAZWADI, TQ: BASAVAKALYAN, DIST: BIDAR-585 401.

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… APPELLANT

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(BY SRI. SANJAY A. PATIL, ADVOCATE)

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AND:

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HEMABAI W/O MALLIKARJUN FUHELE, AGE: 40 YEARS, R/O: RAMABAI COLONY, TRIPURANTH, BASAVAKALYAN, DIST: BIDAR-585 401.

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ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAKKASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.15 11:12:57 +0530

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THE STATE OF KARNATAKA, THROUGH POLICE, BASAVAKALYAN TOWN POLICE STATION, BASAVAKALYAN CIRCLE, DIST: BIDAR-585 401, REPRESENTED BY ADDL. SPP HIGH COURT OF KARNATAKA, KALABURAGI BENCH.

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… RESPONDENTS

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(BY SRI. SHARANAGOWDA V. PATIL, ADVOCATE FOR R1; SRI. S. JAMADAR, HCGP FOR R2)

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THIS CRL.A IS FILED U/SEC. 14(A)(2) OF SC/ST (PA) ACT, BY THE ADVOCATE FOR THE APPELLANT PRAYING TO SET ASIDE THE ORDER DATED: 29.05.2024 PASSED BY II ADDL. DISTRICT AND SESSIONS COURT, BIDAR, SITTING AT BASAVAKALYAN IN CRL.MISC.NO.5107/2024 AND FURTHER ENLARGE THE APPELLANT/ACCUSED NO.8 ON BAIL IN CRIME NO.33/2023

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2 - NC: 2025:KHC-K:159 CRL.A No. 200258 of 2024

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REGISTERED BY BASAVAKALYAN TOWN POLICE STATION DISTRICT BIDAR CHARGE SHEETED FOR THE OFFENCES PUNISHABLE U/SECS. 143, 147, 148, 323, 324, 504, 307, 302, 212 R/W 149 OF IPC AND SEC. 3(2)(V), 3(2)(V-A) OF SC/ST PA AMENDMENT ACT, 2015 PENDING ON THE FILE II ADDL. DISTRICT AND SESSIONS COURT, BIDAR, SITTING AT BASAVAKALYAN, DISTRICT BIDAR, IN SPL. C.NO.5107/2023, IN THE INTEREST OF JUSTICE.

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

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CORAM: HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR

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ORAL JUDGMENT

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The appellant-accused No. 8, who is sought to be prosecuted for offences punishable under Sections 143, 147, 148, 323, 324, 302, 504, 307, 302, 212 read with Section 149 of the IPC and Sections 3(2)(v) and 3(2)(v-a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, has filed this appeal under Section 14-A(2) of the SC/ST (PA) Act seeking enlargement on bail.

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The prosecution’s case is that there was a grudge between the deceased and accused No. 1, who had filed a case for attempted murder against the deceased in 2019. On the date of the incident, when the deceased and his two accomplices were assaulting accused No. 2 with a garden cutter and sickle, the accused, along with others, restrained the deceased with the intention to kill him. The appellant, along with the other accused, pushed the deceased to the ground, and at that time, accused No. 1 was handed a talwar by accused No. 8. Accused No. 1 then

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assaulted the deceased on the head with the talwar, causing fatal injuries.

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The initial allegation is that the deceased and his accomplices assaulted accused No. 2, and a counter case has been registered against CW 17 and three others for offences punishable under Sections 324, 326, 307, and 504 read with Section 34 of the IPC in Crime No. 34/2023. The only allegation against accused No. 8 is that he handed the talwar to accused Nos. 1 and 2, which was kept in the motorcycle of accused No. 8. Accused No. 1 then used the talwar to assault the deceased on the head, leading to the deceased’s death. There was no recovery of weapons from the other accused. The appellant has been in judicial custody since 08.03.2023, and the investigation has been completed. He is not required for further interrogation.

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Whether the appellant-accused No. 8, along with the other accused, acted with a common intention to commit murder is a matter to be determined at trial. At this stage, the appellant has made a prima facie case for enlargement on bail. Accordingly, I pass the following:

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ORDER

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Criminal appeal is allowed. The appellant-accused No.8 is enlarged on bail in Crime No.33/2023 registered by Basavakalyan Town Police Station, District Bidar, for the offences punishable under Sections 143, 147, 148, 323, 324, 504, 307, 302, 212 R/w Section 149 of IPC and Sections 3(2)(v) & 3(2)(v-a) of the SC/ST

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NC: 2025:KHC-K:159 CRL.A No. 200258 of 2024

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(PA) Amendment Act, 2015, pending on the file of II Addl. District and Sessions Judge Court, Basavakalyan, District Bidar, subject to the following conditions:

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(a) Appellant-accused No.8 shall furnish his 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 jurisdictional Court.

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