Shivappa A K @ Chikkanahalli Shiva @ Kabaddi Shivu S/O Manjappa Nalkunda v. State By Vidyanagar Police, Davanagere, Represented By Spp
2025-11-20
G.BASAVARAJA
body2025
DigiLaw.ai
JUDGMENT : G BASAVARAJA, J. All these appeals arise out of the orders passed by the II Additional District and Sessions Judge, Davanagere in Spl.C.No.346/2025 dated 29.08.2025. 2. Brief facts leading to this appeal are that on the basis of the complaint filed by Smt. Shruthi T.K., Vidyanagar Police, Davanagere registered the case in Crime No.103/2025 against accused 1 to 12 for offences punishable under Sections 103, 189(2), 190, 191(2), 191(3) of Bharatiya Nyaya Sanhita, 2023 ("BNS, 2023" for short). 3. After investigation, the Investigating Officer has submitted the charge sheet against accused 1 to 25 for the offence punishable under Sections 61(2), 103(1), 189(2), 191(2), 191(3), 238(a) and 190 of BNS, 2023 and Sections 27(1) and 5 of Indian Arms Act, 1959 and Sections 3(2)(V) and 3(2)(va) of SC/ST (POA) Act, 1989. The accused are arrested and are in judicial custody since the date of their arrest i.e., on 12.05.2025. Bail application was filed under Section 483 of BNSS, 2023 and the same came to be rejected by the trial Court. Being aggrieved by the impugned order passed by the II Additional District and Sessions Judge, Davanagere, the present appeals are filed. 4. Learned counsel appearing on behalf of the accused/appellants would submit that these appeals are filed by accused 12, 13, 14, 16, 18, 19 and 20. Except the names of Accused 13, 14 and 18, the names of other appellants in these appeals are not found in the First Information Report. But, at the time of filing charge sheet, the Investigating Officer, along with the names of accused, has filed the charge-sheet against these appellants also. Except the alleged conspiracy, absolutely there are no materials to attract the commission of alleged offence. The present appellants belong to scheduled caste and the same is reflected in the charge-sheet. Hence, the penal provisions under SC/ST (PoA) Act are not applicable to the present appellants. There are no prima facie materials to attract the commission of alleged offences against these appellants. Investigation is already completed and the accused/appellants are not required for further investigation. Further learned counsel would submit that the Co-ordinate Bench of this Court in Crl.P.No.12929/2024 dated 26.09.2025 has already granted bail to the Ravi @ Hadadi Ravi (accused No.17). On all these grounds, it is sought to allow these appeals. 5.
Investigation is already completed and the accused/appellants are not required for further investigation. Further learned counsel would submit that the Co-ordinate Bench of this Court in Crl.P.No.12929/2024 dated 26.09.2025 has already granted bail to the Ravi @ Hadadi Ravi (accused No.17). On all these grounds, it is sought to allow these appeals. 5. As against this, Sri B. Lakshman, learned High Court Government Pleader appearing for the respondent-State, would submit that there are prima-facie materials to attract the commission of alleged offence against the accused. If the accused are released on bail, they may tamper or threaten the prosecution witnesses. He would further submit that the alleged offences are punishable with death or with imprisonment for life and the same is heinous in nature. On all these grounds, he sought for dismissal of appeals. 6. I have examined the materials placed before this Court. On the basis of the complaint filed by one Smt. Shruthi T.K., Vidynagar Police, Davanagere, registered case in Crime No.103 of 2025 against accused 1 to 25 for offences punishable under Sections 103, 189(2), 190, 191(2) and 191(3) of BNS, 2023. After investigation, the Investigating Officer submitted charge sheet against the accused for commission of offence punishable under Sections 61(2), 103(1), 189(2), 191(2), 191(3), 238(a) and 190 of BNS 2023, Sections 27(1) and 5 of Indian Arms Act, 1959 and under Sections 3(2)(v), and 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. At column 17 of the Charge-sheet, it is stated as under: 7. At paragraph 14 of the impugned order, the trial Court has observed as under: "14. On perusal of the charge sheet and the documents annexed thereto, it is revealed that the accused persons, who have sought bail, have provided financial aid and dangerous weapons to the other accused for eliminating the deceased. These materials prima facie establish their participation in the conspiracy. There is considerable force in the submissions of the learned Public Prosecutor. It is true that even though the present accused may not have directly participated in the actual commission of the offence, their role in providing finance and weapons for eliminating an individual is more grave than direct involvement. Considering the gravity of the offence, likelihood of influencing the witnesses, and the background of the accused persons, they are not entitled to bail." 8.
Considering the gravity of the offence, likelihood of influencing the witnesses, and the background of the accused persons, they are not entitled to bail." 8. A perusal of charge-sheet makes it crystal-clear that CW27 to CW44 are the eye-witnesses to the alleged incident. On perusal of the entire material produced along with the charge-sheet, at this stage, I am of the opinion that there are prima-facie materials to attract the commission of alleged offence against these appellants. The alleged offences are heinous in nature and are punishable with death or imprisonment for life. Though the Co-ordinate Bench of this Court has granted bail to accused No.17-Ravi @ Hadadi Ravi in Criminal Petition No.12929 of 2025 dated 26 th September, 2025 and to accused No.15-Vinayaka @ Vinay in Criminal Petition No.13836 of 2025 decided on 17 th November, 2025, considering the role of these accused, at this stage, I am of the opinion that it is not just and proper to release them on bail on the principle of parity. Accordingly, I do not find any error or illegality or infirmity in the impugned order passed by the trial Court. In the result, I proceed to pass the following: ORDER Appeals are dismissed.