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IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH
DATED THIS THE 10TH DAY OF JULY, 2014
BEFORE
THE HONOURABLE MR. JUSTICE K.N. PHANEENDRA
CRIMINAL PETITION NO. 101079/2014
BETWEEN:
1.

HANAMANT
RAMAPPA MARLINGAPPANAVAR
AGE: 28 YEARS, OCC: COOLIE
R/O. BASIDONI, TQ: SAUNDATTI
DIST: BELGAUM

2.

UMESH SANNAGADIGEPPA BARIGIDAD

AGE: MAJOR, OCC: COOLIE
R/O. BASIDONI, TQ: SAUNDATTI
DIST: BELGAUM.
... PETITIONERS

(BY SRI : JAGADISH PATIL, ADVOCATE)

AND :
THE STATE OF KARNATAKA
THROUGH SAUNDATTI POLICE STATION
R/BY ITS STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
DHARWAD BENCH, DHARWAD.
... RESPONDENT
(BY
SRI
VIJAYAKUMAR
GOVERNMENT PLEADER)

MAJAGE,

HIGH

COURT

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THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C.
SEEKING TO ALLOW THE PETITION AND THE PETITIONERS BE
ENLARGED ON BAIL IN CONNECTION WITH S.C.NO.105/2014
(SAUNDATTI P.S. CRIME NO.67/2014) FOR THE OFFENCES
P/U/S 143, 147, 120B, 363, 341, 302, 201 R/W 149 OF IPC AND
SEC. 3 (1) (x) 3 (2) (v) OF SC/ST PA ACT, 1989, BY ALLOWING
THIS CRIMINAL PETITION.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER

Heard learned counsel for the petitioners and learned High

Court Government Pleader for respondent State. Perused the
records.

2. The petitioners are arrayed as accused Nos.1 and 3 in

S.C. No.105/2014 pending on the file of III Addl. Sessions

Judge, Belgaum, which was registered against them and

other accused persons for the offences punishable under
Sections 143, 147, 120B, 363, 341, 302 and 201 read with
Section 149 of the Indian Penal Code, 1860 (hereinafter
referred to as I.P.C. for brevity) and Sections 3 (1) (x) and 3
(2) (v) of the Scheduled Castes and the Scheduled Tribes

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(Prevention of Atrocities) Act, 1989 (hereinafter referred to as
the Act for brevity).
3. The records disclose that Soundatti police have
registered a missing complaint filed by one Goolappa
Walikar stating that his son by name Manjappa is missing
from 15.11.2013. On the basis of said missing complaint,
police have enquired the petitioner No.1, who was alleged to
have been using the mobile and SIM card of deceased
Manjappa. During the investigation, he has disclosed in his
voluntary statement about the fact that he was in love with
one Basamma of Basidoni village. Later the marriage of said
Basamma was fixed with deceased Manjappa. Therefore, the
petitioners, Basamma and other accused persons have
hatched a conspiracy in order to do away with the life of
Manjappa.

The entire case is based on circumstantial

evidence. In this context, it is alleged that the petitioners

herein and other accused persons have taken the deceased
Manjappa along with them in a pick-up vehicle and tied his

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limbs and threw him into the Almatti dam from Korti-Kolhar
bridge.

The records also disclose that the police have

completed the investigation and submitted a charge sheet

against the accused persons.

It is seen that except the

voluntary statement of petitioner No.1 and recovery of a

mobile set from him, there are no other materials in the
charge sheet papers against the petitioners herein and other
accused persons. There are no materials to show that the
accused persons were last seen together with deceased.
Merely because the petitioner No.1 was holding the mobile
phone of deceased, it cannot be inferred that he has
committed the murder of Manjappa. Therefore, that fact has
to be established during the course of trial.
4. Further added to that, the relationship between
petitioner No.1 and Basamma may be the main motive factor
for commission of the offence and that circumstance also
has to be established before the trial Court. The police have
recorded the statement of a person by name Lohit Gujjar on

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02.07.2014 subsequent to filing of charge sheet, who is none
other than the friend of accused No.7 - Harish. Of course, in
his statement he has actually stated that the petitioners
herein and other accused persons have taken the deceased
on their motorcycle and thereafter, all the accused persons
went in a vehicle and later he came to know that the
deceased Manjappa was thrown into the Almatti Dam near
Korti-Kolhar bridge.

The voluntary statement of accused

persons and the statement of other witnesses does not

disclose the name of Lohit Gujjar as the person who was
present at that particular point of time.

Moreover, his

statement has been recorded on 02.07.2014 and it is said

that he is the friend of accused No.7. At this stage, though
it can be called as a circumstance, but it is not acceptable as
true in view of long delay in recording his statement.
5. Learned counsel for the petitioners has now brought
to my notice that the other accused persons, who also stand
on the same footing as that of the petitioners, by name Sadiq

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in

Crl.

P.

No.101032/2014,

Harish

in

Crl.P.

No.100881/2014, Basamma in Crl.P. No.100625/2014 and

Irfan @ Mehboobsab and Mohammasalim @ Salim in Crl.P.
No.100938/2014 have already been released on bail.

In

view of the above said facts and circumstances of the case, I

am of the opinion that the petitioners herein are also entitled
to be enlarged on bail on the ground of parity and also on
merits. Accordingly, the following
ORDER
Petition filed under Section 439 of Cr.P.C. is hereby
allowed. Consequently, the petitioners shall be released on
bail in connection with Crime No.67/2014 on the file of
Soundatti Police Station, subject to the following conditions:
i)

Petitioners shall execute a personal bond for a

sum of Rs.50,000/- each with one solvent surety
for a likesum to the satisfaction of committal
Court.
* Corrected vide C/o dated 31/07/2014

Trail *

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ii)

Petitioners shall attend the Court on every date of

hearing without fail, unless prevented by any
genuine cause.

iii)

Petitioners shall not leave the jurisdiction of trial

Court without prior permission, till the case
registered against them is disposed of.

Sd/JUDGE

hnm/