- 1 - NC: 2025:KHC-K:1666 CRL.A No. 200054 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL APPEAL NO.200054 OF 2025 (U/S 14 (A)2) BETWEEN: SRI MURAGESHA S/O SUBHASA ULLAGADDI, AGED ABOUT 29 YEARS, OCC: DRIVER, PERMANENT R/O. MANAGULI, VIJAYAPURA-586 215 PRESENTLY R/A. GANESH NAGAR, VIJAYAPURA-586 109. …APPELLANT (BY SRI SUNIL KUMAR S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY GANDHI CHOWK P.S., VIJAYAPURA SUB DIVISION, (WRONGLY STATED AS VIJAYAPURA RURAL P.S. IN THE BAIL REJECTED ORDER), REP. BY, LEARNED ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, KALABURAGI BENCH, KALABURAGI-585 103. 2. SRI PRAKASHA MELINKERI, S/O. LAKSHMANA MELINAKERI, AGED ABOUT 25 YEARS, R/A. SHAKTI NAGAR, VIAJYAPURA-586 103. …RESPONDENTS [ (BY SRI JAMADAR SHAHABUDDIN, HCGP FOR R1; R2 SERVED) Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1666 CRL.A No. 200054 of 2025 THIS CRL.A IS FILED U/SEC. 14A(2) OF SC/ST (PA) ACT, PRAYING TO SET ASIDE THE ORDER DATED 23-01-2025 IN CRL.MISC NO.1859/2024 PASSED BY THE HON’BLE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, VIJAYAPURA AND ENLARGE THE APPELLANT/ACCUSED NO.5 ON BAIL IN CRIME NO. 122/2024 OF GANDHI CHOWK P.S FOR OFFENCES PUNISHABLE UNDER SECTIONS 61(2), 189(2), 191(2), 191(3), 103 R/W 190 BNS, 2023 AND SEC. 3(2)(V) OF SC/ST POA (AMENDMENT) 2015 WHICH IS PENDING BEFORE THE HON’BLE COURT II ADDITIONAL DISTRICT AND SESSIONS AND SPECIAL JUDGE, VIJAYAPURA IN SPL. CASE (SC/ST) NO.66/2024, ON SUCH TERMS AND CONDITIONS. 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.5 being aggrieved by the order dated 23.01.2025 passed in Crl.Misc.No.1859/2024 by the learned II Additional District and Sessions and Special Judge, Vijayapur for the offences punishable under Sections 61(2), 189(2), 191(2), 191(3), 103 read with Section 190 of BNS, 2023 and Section 3(2)(v) of the SC/ST (POA) (Amendment) Act, 2015 . The appellant/ accused No.5 has approached this Court seeking regular bail. - 3 - NC: 2025:KHC-K:1666 CRL.A No. 200054 of 2025 2. Heard Sri Sunil Kumar S., learned counsel for the appellant and Sri Jamadar Shahabuddin, learned High Court Government Pleader for respondent No.1. Brief facts of the case: 3. It is the case of the prosecution that the brother of deceased namely, Prakash Melinakeri lodged a complaint stating that four months ago Nagesh Talakeri and others had quarreled with the deceased Ravi in the Court premises at Vijayapura. After having come to know that Nagesh Talakeri and others had been to BLDE Hospital, the said Ravi and others assaulted Nagesh Talakeri and others and insulted the said Tulsiram Harijan. 4. As a retaliation, Tulsiram Harijan and others have caused accident to his brother and killed him in the said accident in order to show that as if his brother died in the accident. Therefore, a case came to be registered in Crime No.122/2024 for the offences stated supra. 5. It is the submission of the learned counsel for the appellant that the appellant has been arrayed as - 4 - NC: 2025:KHC-K:1666 CRL.A No. 200054 of 2025 accused No.5, based on the strength of voluntary statement of accused No.1. The allegations made against him are that he conspired with other accused and in pursuance of the said conspiracy, he stated to have instigated others to commit the murder of the deceased by way of causing accident. 6. It is further submitted that the said conspiracy has to be proved by the prosecution only on the voluntary statement of the co-accused. The same cannot be admissible in evidence. None of the witnesses have spoken about the presence of the appellant. Therefore, he may be enlarged on bail by imposing suitable conditions. Making such submissions, he prays to allow the petition. 7. Per contra, learned High Court Government Pleader vehemently opposed the said contentions and he further submitted that accused No.5 had conspired with the other accused to eliminate the deceased-Ravi Melinakeri and accordingly, the plan has been executed. The voluntary statement of the accused No.1 would indicate that accused No.5 had also instigated the other - 5 - NC: 2025:KHC-K:1666 CRL.A No. 200054 of 2025 accused to commit the murder. Therefore, the Trial Court has rightly rejected the bail application. Hence, it is not appropriate to grant bail. Making such submissions, he prays to reject the petition. 8. Having heard the learned counsel for the respective parties and perused the findings of the Trial Court in rejecting the bail application and also the averments of the charge sheet, it appears that the appellant has been arrayed as accused No.5 on the strength of the voluntary statement of the other accused. The conspiracy to commit the murder of deceased has to be proved during Trial and it is very difficult to prove the same after having gone through the averments of the charge sheet against accused No.5. 9. Having considered the merits of the case, without mentioning the merits of the case, I am of considered opinion that the appellant has made out a case to grant bail. 10. Hence, I proceed to pass the following: - 6 - NC: 2025:KHC-K:1666 CRL.A No. 200054 of 2025 ORDER i. The appeal is allowed. ii. The impugned order passed by the learned II Additional District and Sessions & Special Judge, Vijayapura in Crl.Misc.1859/2024 dated 23.01.2025 is set aside. iii. The appellant is directed to be enlarged on bail in Crime No.122/2024 of Gandhi Chowk Police Station, Vijayapur, registered for the offences punishable under Sections 61(2), 189(2), 191(2), 191(3), 103 read with Section 190 of the Bharatiya Nyaya Sanhita, 2023, and Section 3(2) (v) of SC/ST (POA) (Amendment) Act, 2015, subject to the following conditions: iv. The appellant shall execute personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court on the following conditions: v. The appellant shall not threaten or hamper the prosecution witnesses. - 7 - NC: 2025:KHC-K:1666 CRL.A No. 200054 of 2025 vi. The appellant shall not leave the jurisdiction of the Court till its disposal. vii. The appellant shall not involve in any other criminal cases or such similar cases in future till disposal of the present case. viii. The appellant shall appear before the Trial Court on all dates of hearing without fail. Sd/- (S RACHAIAH) JUDGE TMP List No.: 1 Sl No.: 16 CT:PK