IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 30^TH DAY OF JUNE 2022

BEFORE

THE HON’BLE MR.JUSTICE K. NATARAJAN

CRIMINAL APPEAL NO.100254 OF 2022

BETWEEN

DUNDESH CHANDRAPPA MARADI

AGE. 27 YEARS, OCC. COOLIE,

R/O. KURANIWADI VILLAGE,

TALUKA HUKKERI,

DIST. BELAGAVI-591309

...APPELLANT

(BY SRI.SRINIVAS B NAIK, ADVOCATE)

AND

1 .

THE STATE OF KARNATAKA

REPD. BY STATE PUBLIC PROSECUTOR,

HIGH COURT OF KARNATAKA DHARWAD BENCH

THROUGH YAMAKANAMARADI POLICE STATION

DIST. BELAGAVI-580011

2 .

SMT. LAXMIBAI KEMPANNA BANGARI

AGE. 50 YEARS, OCC. COOLIE,

R/O. GUDAS VILLAGE,

TALUKA HUKKERI,

DIST. BELAGAVI-591309

…RESPONDENTS

(BY SMT.GIRIJA S. HIREMATH, HCGP FOR R1)

(R2 SERVED, UNREPRESENTED.)

THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14 A(2)

OF SC/ST PREVENTION OF ATROCITY ACT OF CR.PC.,SEEKING TO

GRANT REGULAR BAIL TO THE APPELLANT/ACCUSED NO. 1 IN SPL

CASE NO. 232/2021 ON THE FILE OF III ADDITIONAL DISTRICT

AND SESSIONS JUDGE AND SPECIAL JUDGE BELAGAVI (CRIME NO

140/2021 OF YAMAKANAMARADI POLICE STATION) REGISTERD

FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 3(1) (r) 3(1)

(s) 3(2) (v) OF SC/ST PREVENTION OF ATROCITIES ACT AND

UNDER SECTION 66(E) 67(A) OF INFORMATION AND TECHNOLOGY

ACT.

2

THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE

COURT DELIVERED THE FOLLOWING:

JUDGMENT

This appeal is filed by appellant/accused No.1 under

Section 14A(2) of Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities Act, 1989) (herein after for short’

SC/ST

(POA)

Act,

1989)

for

granting

bail

in

crime

No.140/2021

(Spl.C.No.232/2021)

for

the

offences

punishable under Sections 498A, 302, 201, 292, r/w 34 of

Indian Penal Code (herein after for short ’IPC’) and under

Section 3(1)(r), 3(1)(s), 3(2)(V) of SC/ST (POA), ACT,1989

and Section 66(E), 67(A) of Information and Technology Act.

2.

Heard the arguments of learned counsel for

appellant/accused no.1 and learned HCGP for respondent-

State. Respondent No.2 served, unrepresented.

3.

It is the case of the prosecution that mother of

the deceased filed complaint with police on 05.08.2021

alleging that her daughter deceased Shobha fell in love with

3

petitioner/accused no.1 and married him. They have got a

child from their marriage and deceased was residing in her

matrimonial house. She further alleged in the complaint that

the petitioner being husband and other accused his mother

and sister are used to harass her daughter physically and

mentally and thereafter, panchayath was held. They advised

accused persons to look after his wife properly. Subsequently,

inspite of the same, again accused was continued to harass

her daughter. Further, on 11.08.2021 at 1.30 pm, petitioner

made a phone call to the son of the complainant that

deceased Shobha is missing from his house. She has drunken

alcohol yesterday night and subsequently, she was missing

from house from morning 4 a.m. Thereafter, mother of

deceased and her son went in search of deceased. Dead body

of deceased was found floating in the well in the land of

CW.13. Complaint came to be filed against the appellant and

his family members. She also stated that appellant and his

family members have committed murder of her daughter.

After registering the complaint, police have arrested the

appellant/accused on 12.08.2021 and other accused also

4

arrested and remanded to judicial custody. Accused persons

filed bail application before III Addl. District and Sessions

Judge, Belagavi. Bail applications of accused nos.2 and 3 are

allowed and bail application of appellant/accused no.1 was

came to be rejected. Hence, he is before this Court, seeking

regular bail.

4.

Learned counsel for the appellant contended that

the appellant is innocent of alleged offence. He has been

falsely implicated in the case. Death of the deceased was

suicidal one. Appellant himself has lodged missing complaint

to the Police, which was registered i