- 1 - NC: 2025:KHC-K:2334 CRL.A No. 200100 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 16TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL APPEAL NO. 200100 OF 2025 (U/S 14 (A)(2)) BETWEEN: SANTOSH S/O SHEKHRAPPA, AGED ABOUT 24 YEARS, OCC: COOLIE, R/O. NAGARHAL VILLAGE, TQ. LINGASUGUR, DIST. RAICHUR-584101. …APPELLANT (BY SRI GURUBASAVA BASANNA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH PSI, MUDGAL POLICE STATION, DIST. RAICHUR, REPRESENTED BY ADDL. SPP, HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585107. 2. BASAPPA S/O GADDEPPA KORAVAR, AGED ABOUT 56 YEARS, OCC: KULA KASABU, R/O. NAGARAL, TQ. LINGASUGUR, DIST. RAICHUR-584122 …RESPONDENTS (BY SRI GOPALKRISHNA YADAV, HCGP FOR R1; R2 SERVED) Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2334 CRL.A No. 200100 of 2025 THIS CRL.A IS FILED U/SEC. 14(A)(2) OF SC/ST (PA) ACT, PRAYING TO SET ASIDE THE IMPUGNED ORDER IN CRIMINAL MISC NO.5061/2025 BY THE III-ADDL. DISTRICT AND SESSIONS JUDGE RAICHUR SITTING AT SINDHANUR AND FURTHER TO GRANT THE REGULAR BAIL TO THE APPELLANT/ACCUSED NO.1 IN SPECIAL CASE NO.5383/2024 (MUDGAL PS CRIME NO.101/2024) DISTRICT RAICHUR PENDING ON THE FILE OF III-ADDL. DISTRICT AND SESSIONS JUDGE RAICHUR SITTING AT SINDHANUR FOR THE OFFENCE PUNISHABLE U/SEC. 109, 115(2) 118(2) 352 R/W 3(5) OF BNS 2023 AND U/SEC. 3(1)(r)(s), 3(2)(va) OF SC AND ST (PREVENTION OF ATROCITIES) AMENDMENT ACT, 2015. 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.1 seeking to set aside the order dated 25.02.2025 passed in Criminal Miscellaneous No.5061/2025 by III-Additional District and Sessions Judge, Raichur sitting at Sindhanur, and to enlarge the appellant on regular bail in Crime No.101/2024 registered by Mudgal Police Station, for the offences punishable under Sections 109, 115(2), 118(2), - 3 - NC: 2025:KHC-K:2334 CRL.A No. 200100 of 2025 352 r/w Section 3(5) of BNS, 2023 and Sections 3(1)(r)(s) and 3(2)(va) of the SC/ST (POA) Amendment Act, 2015. Brief facts of the case are: 2. The complainant belongs to scheduled caste community and he is a resident of Nagaral village. He has stated in his complaint that accused Nos.1 and 2 are stated to have abused him by naming his caste and assaulted with the knife and caused injuries on the pretext of previous enmity. Consequently, the complainant sustained injuries and admitted to the hospital. Thereafter, he lodged the complaint against accused Nos.1 and 2 for the aforesaid offences. The respondent-Police, after having conducted the investigation, have submitted a charge sheet. The petitioner has been in judicial custody since 17.08.2024. 3. Heard learned counsel Sri.Gurubasava Basanna, for the appellant and Sri.Gopalkrishna B.Yadav, learned - 4 - NC: 2025:KHC-K:2334 CRL.A No. 200100 of 2025 High Court Government Pleader for respondent No.1. Respondent No.2 is served and unrepresented. 4. It is the submission of the learned counsel for the appellant that though the appellant has been arrayed as accused No.1 in the case, the allegations made against the appellant are omnibus in nature. As per the version of the complainant, both accused Nos.1 and 2 are said to have assaulted with a knife to the complainant. However, no specific overtact has been attributed in respect of each accused. The appellant is ready to abide by any conditions that may be imposed by this Court. Therefore, the appellant may be enlarged on bail by imposing suitable conditions. Making such submissions, he prays to allow the appeal. 5. Per contra, learned High Court Government Pleader has vehemently opposed the said submissions and submitted that the appellant being accused No.1 has assaulted with knife and caused injuries to the complainant. The injuries sustained by the complainant - 5 - NC: 2025:KHC-K:2334 CRL.A No. 200100 of 2025 are grievous in nature and the appellant had intention to commit the murder of the complainant. If the appellant is enlarged on bail, there are chances of tempering the prosecution witnesses and there is danger to the life and living of the complainant. Therefore, it is not appropriate to grant him bail. 6. Having heard the learned counsel for respective parties and also perused the averments of the charge sheet, it appears from the records that accused Nos.1 and 2 used to wander in and around the house of C.W.2 and they used to tease the female members of the family of C.W.2. C.W.2, after having observed the movements of accused Nos.1 and 2 in that area, had advised them not to visit his house or area in future and sent them back to their respective houses. Both accused Nos.1 and 2 having nurtured grudge against the complainant and C.W.2, they are stated to have assaulted the complainant and caused injuries. - 6 - NC: 2025:KHC-K:2334 CRL.A No. 200100 of 2025 7. Be that as it may, on going through the averments of the charge sheet, it appears that the complainant has stated in his complaint that both accused Nos.1 and 2 have assaulted him with a knife. The said statement gives different meaning and creates a doubt in respect of the allegations made in the complaint. When there is an ambiguity in respect of the assault made by both accused Nos.1 and 2, it is appropriate to grant bail to the appellant. 8. Accordingly, I proceed to pass the following: ORDER The appeal is allowed. The impugned order dated 25.02.2025 passed in Crl.Misc.No.5061/2025 by III-Additional District and Sessions Judge, Raichur sitting at Sindhanur, is set aside. The appellant is ordered to be enlarged on bail in Crime No.101/2024 registered by Mudgal Police Station, Raichur District, for the offences punishable under Sections 109, 115(2), 118(2), 352 r/w Section 3(5) of - 7 - NC: 2025:KHC-K:2334 CRL.A No. 200100 of 2025 BNS, 2023 and Sections 3(1)(r)(s) and 3(2)(va) of the SC/ST (POA) Amendment Act, 2015, subject to the following conditions: a) The appellant shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the jurisdictional Court. b) The appellant shall not threaten or tamper the prosecution witnesses. c) The appellant shall not hamper the Court proceedings. d) The appellant shall appear before the Trial Court on all the hearing dates without fail. e) The appellant shall not leave the jurisdiction of the Trial Court without prior permission. Sd/- (S RACHAIAH) JUDGE NB List No.: 1 Sl No.: 23 CT:PK