- 1 - NC: 2025:KHC-K:2459 CRL.A No. 200103 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL APPEAL NO. 200103 OF 2025 (U/S 14 (A)(2)) BETWEEN: SRI SURYAKANT S/O BASAPPA PARIT, AGED ABOUT 27 YEARS, OCC: LABOR, R/O. NIRNA VILLAGE, TQ. CHITAGUPPA, DIST. BIDAR-584101. …APPELLANT (BY SRI S. S. MAMADAPUR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH BASAVAKALYAN TOWN POLICE, BIDAR, REP. BY ITS ADDL. STATE PUBLIC PROSECUTOR, ADVOCATE GENERAL’S OFFICE, HIGH COURT BUILDING, KALABURAGI-585101. 2. SRI PANDIT S/O SHRIMANT ALGOODE, AGED ABOUT 50 YEARS, OCC: LABOUR, R/O. GUNDOOR GUNATEERTHWADI, TQ.BASAVAKALYAN, DIST.BIDAR-584101 …RESPONDENTS (BY SRI JAMADAR SHAHABUDDIN, HCGP FOR R1; V/O DTD 17.04.2025 R2 SERVED) Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2459 CRL.A No. 200103 of 2025 THIS CRL.A. IS FILED U/SEC. 14A(2) OF SC/ST (PA) ACT, PRAYING TO SET ASIDE THE ORDER DATED 28.02.2025 PASSED BY THE II-ADDL. DISTRICT AND SESSIONS JUDGE, BIDAR, SITTING AT BASAVAKALYAN IN CRIMINAL MISC.NO.5042/2025 AND ENLARGE HIM ON BAIL IN BASAVAKALYAN TOWN POLICE STATION, CRIME NO. 152/2024 REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 103, 238, 3(5), 64, 66, 69 OF BNS 2023 R/W SECTION 3(2)(va), 3(1)(w), 3(2)(v)(va) OF SC/ST (POA) ACT ON THE FILE OF II-ADDL. DISTRICT AND SESSIONS JUDGE, BIDAR SITTING AT BASAVAKALYAN ON SUCH TERMS AND CONDITIONS AS THIS COURT DEEMS FIT TO IMPOSE UPON HIM. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE S RACHAIAH) This appeal is filed by the appellant/accused No.3 seeking to set aside the order dated 28.02.2025 passed in Criminal Miscellaneous No.5042/2025 by II-Additional District and Sessions Judge, Bidar, sitting at Basavakalyan, and to enlarge the appellant on regular bail in Crime No.152/2024 registered by Basavakalyan Town Police Station, for the offences punishable under Sections 103, 238, 64, 66, 69 r/w Section 3(5) of BNS, 2023 and - 3 - NC: 2025:KHC-K:2459 CRL.A No. 200103 of 2025 Sections 3(2)(va), 3(1)(w), 3(2)(v)(va) of SC/ST (POA) Act. Factual matrix of the case: 2. It is the case of the prosecution that the complaint came to be lodged by the father of the deceased-Bhagyashree stating that on 29.08.2024 around about 3.00 a.m., his daughter had gone to attend the nature call near the school situated in Gunateerthawadi village. Thereafter, he learnt that some unknown persons have kidnapped his daughter and further, he learnt that her daughter had been murdered by some unknown persons. Based on the said complaint, case came to be registered by the respondent-Police against unknown persons and respondent-Police conducted investigation. 3. During the investigation, it is learnt that accused No.1 was loving the deceased-Bhagyashree and he had assured her that he would marry her. On 28.08.2024, accused No.1 had been to Welcome Family - 4 - NC: 2025:KHC-K:2459 CRL.A No. 200103 of 2025 Dhaba situated near Manna-ekheli National Highway-65 and invited his friends who are arrayed as accused Nos.2 and 3 to have dinner. All the accused persons had dinner in the said dhaba. At that time, accused No.1 said to have called the deceased-Bhagyashree and she informed that she would come near the water tank to meet him. Accordingly, accused No.1 along with other accused persons went there and stated to have committed sexual intercourse and thereafter, she insisted him to marry her. Though accused No.1 tried to convince her that he belongs to different caste, she insisted him to marry her, therefore, he committed her murder. At that time, accused Nos.2 and 3 were standing near the car facilitating accused No.1 to commit murder and also rape on the deceased. Hence, the respondent-Police have submitted charge sheet against the accused persons. 4. Heard Sri.S.S.Mamadapur, learned counsel for the appellant and Sri.Jamadar Shahabuddin, learned High - 5 - NC: 2025:KHC-K:2459 CRL.A No. 200103 of 2025 Court Government Pleader for respondent No.1. Respondent No.2 is served. 5. It is the submission of the learned counsel for the appellant that though the appellant is arrayed as accused No.3, the fact remains that, the overt-act of the appellant is that he was standing near the car. However, he was not aware of the intention of accused No.1 that he would commit murder. As he had not done any act, he may be enlarged on bail by imposing suitable conditions. 6. It is further submitted that he is the resident of Nirna village, Chitaguppa Taluk and he is aged about 27 years working as labour. He is the only earning member in the family. He would abide the conditions that may be imposed by the Court in the event of releasing him on bail. Making such submissions, he prays to allow the appeal. 7. Per contra, learned High Court Government Pleader vehemently submitted that the appellant and others were present when accused No.1 committed the - 6 - NC: 2025:KHC-K:2459 CRL.A No. 200103 of 2025 murder of the deceased-Bhagyashree. In fact, the appellant facilitated accused No.1 not only to commit murder but also to commit rape on the deceased. Since the accused persons have committed heinous offences, it is not appropriate to grant bail to any of the accused in this case. Making such submissions, he prays to reject the appeal. 8. Having heard the learned counsel for respective parties and also perused the averments of the charge sheet, it appears from the records that the appellant was invited by accused No.1 to have dinner in the dhaba situated near Manna-ekheli National Highway-65. While they were having dinner, accused No.1 called the deceased-Bhagyashree and they decided to meet at a particular point namely, near water tank. Accordingly, accused Nos.2 and 3 accompanied accused No.1 and went to the spot. Accused Nos.2 and 3 stated to have waited near the car when accused No.1 went to meet the deceased-Bhagyashree. Accused No.1 is stated to have - 7 - NC: 2025:KHC-K:2459 CRL.A No. 200103 of 2025 committed sexual assault and when there was quarrel between the deceased and accused No.1 regarding the marriage, accused No.1 is said to have committed the murder of Bhagyashree. 9. On going through the material available on record, without adverting to the merits of the case, I am of the considered opinion that the appellant has made out a case to grant him bail. 10. Hence, I proceed to pass the following: ORDER The Criminal Appeal is allowed. The impugned order dated 28.02.2025 passed in Criminal Miscellaneous No.5042/2025 by II-Additional District and Sessions Judge, Bidar sitting at Basavakalyan, is set aside. The appellant is ordered to be enlarged on bail in Crime No.152/2024 registered by Basavakalyan Town Police Station, pending on the file of II-Additional District - 8 - NC: 2025:KHC-K:2459 CRL.A No. 200103 of 2025 and Sessions Judge, Bidar sitting at Basavakalyan, for the offences punishable under Sections 103, 238, 64, 66, 69 r/w Section 3(5) of BNS, 2023 and Sections 3(2)(va), 3(1)(w), 3(2)(v)(va) of SC/ST (POA) Act, subject to the following conditions: a) The appellant shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the jurisdictional Court. b) The appellant shall not threaten or tamper the prosecution witnesses. c) The appellant shall not hamper the Court proceedings. d) The appellant shall appear before the Trial Court on all the hearing dates without fail. Sd/- (S RACHAIAH) JUDGE NB List No.: 1 Sl No.: 21 CT:PK