IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 24^TH 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)

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 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 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 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