- 1 - NC: 2025:KHC-K:2633 CRL.A No. 200115 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 8TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL APPEAL NO.200115 OF 2025 (U/S 14 (A)) BETWEEN: KISHANRAO S/O BABURAO BIDKAR, AGE: 68 YEARS, OCC: AGRICULTURE, R/O RAKSHYAL-K, TQ. AURAD, DIST. BIDAR-585 226. …APPELLANT (BY SRI. AVINASH A. UPLOANKAR, ADVOCATE) AND: 1. THE STATE, THROUGH KUSHNOOR POLICE STATION, DIST. BIDAR, NOW REPRESENTED BY ADDL. SPP, HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585 107. 2. VIJAYKUMAR S/O MARUTHI MANE, AGE: 47 YEARS, OCC: LABOUR, R/O BEDKUNDA, TQ. KAMALNAGAR, DIST. BIDAR-585 436. …RESPONDENTS (BY SRI. VEERANAGOUDA MALIPATIL, HCGP FOR R1; R2-SERVED) Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2633 CRL.A No. 200115 of 2025 THIS CRL.A IS FILED UNDER SECTION 14-A (2) OF SC/ST (PA) ACT, PRAYING TO SET ASIDE THE ORDER IN CRL.MISC.NO.131/2025 ORDER DATED 01.04.2025 PASSED BY THE ADDITIONAL DISTRICT AND SESSIONS JUDGE AT BIDAR, AND BE PLEASED TO RELEASE THE ACCUSED / APPELLANT ON BAIL IN SPL.C.(SC/ST) NO.154/2025 (CRIME NO.02/2025 OF KUSHNOOR POLICE STATION, DIST. BIDAR) FOR THE OFFENCES PUNISHABLE U/SEC 109, 118(1), 3(5), 352 AND 103 OF BNS ACT AND SECTION 3(2)(v-a) OF SC/ST (PREVENTION OF ATROCITIES) ACT, 1989 PENDING BEFORE THE ADDITIONAL DISTRICT AND SESSIONS JUDGE AT BIDAR. THIS APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) The accused No.2 in Crime No.2/2025 registered by the Kushnoor Police Station, Dist: Bidar, for the offences punishable under Sections 109, 118(1), 3(5), 352 and 103 of BNS-2023 and Sections 3(2)(v-a) of SC/ST (Prevention of Atrocities) Act, 1989, is before this Court in this appeal filed under Section 14 (a) (2) of SC/ST (POA) Act, 1989. - 3 - NC: 2025:KHC-K:2633 CRL.A No. 200115 of 2025 02. Heard the learned counsel for the appellant and the learned High Court Government Pleader for the respondent No.1 – State. The respondent No.2 who is served in this matter, has remained unrepresented before this Court. 03. FIR in Crime No.2/2025 was registered by the Kushnoor Police Station, Dist: Bidar initially for the offences punishable under Sections 109, 118(1), 3(5) and 352 of BNS-2023 and Section 3(ii)(v) and 3(ii)(v-a) of SC/SCT (POA) Act, against one Rahul and the appellant herein, based on the first information dated 06.01.2025 received from Vijaykumar s/o Maruti Mane who is the father of deceased - Sumit. During the course of investigation of the case the appellant herein was arrested on 07.01.2025. Subsequently, he was remanded to the judicial custody. The investigation of the case was completed and charge-sheet has been filed against one Rahul and the appellant herein. The bail application filed by the appellant before the jurisdictional Sessions Court in Crl.Misc.No.131/2025 was rejected on 01.04.2025. Therefore, the appellant is before this Court. - 4 - NC: 2025:KHC-K:2633 CRL.A No. 200115 of 2025 04. Perusal of the material on record go to show that accused No.1 is the son of the appellant herein. On the alleged date of incident, the deceased had come to their house, when the younger sister of accused No.1 and the daughter of the appellant herein was alone. After coming to know about the same, the accused Nos.1 and 2 allegedly came to their house and after quarrelling with the deceased - Sumit they allegedly had assaulted him and thereafter, informed the first informant about the assault made by them and had handed over Sumit to the first informant. The investigation of the case is completed and the charge-sheet has been filed. The allegation of assaulting the deceased on his head with wooden club is as against the accused No.1 in the charge-sheet. The postmortem report of the deceased would go to show that death is as a result of head injury suffered by the deceased. The statement of the alleged eyewitnesses recorded under Section 183 of BNSS-2023 does not reveal any serious allegation of over-tact as against the appellant who is the father of accused No.1. The appellant aged - 5 - NC: 2025:KHC-K:2633 CRL.A No. 200115 of 2025 about 62 years has no criminal antecedent, he is an agriculturist by avocation and is in judicial custody from 07.01.2025. 05. Considering the aforesaid aspects of the matter and the nature of allegations found against the appellant in the charge-sheet, I am of the opinion that his prayer for grant of regular bail needs to be answered affirmatively. Accordingly, following order is passed: O R D E R The appeal is allowed. The order dated 01.04.2025 in Crl.Misc.No.131/2025 passed by the Trial Court is hereby set-aside. The appellant is directed to be enlarged on bail in Crime No.2/2025 of Kushnoor Police, Dist: Bidar, registered for the offences punishable under Sections 109, 118(1), 3(5), 352 and 103 of BNS-2023 and Sections 3(2)(v-a) of SC/ST (Prevention of Atrocities) Act, 1989, pending before the Additional District and Sessions Judge, at Bidar, subject to the following conditions: - 6 - NC: 2025:KHC-K:2633 CRL.A No. 200115 of 2025 a) The appellant shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The appellant shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The appellant shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The appellant shall not involve in similar offences in future; e) The appellant shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S.VISHWAJITH SHETTY) JUDGE KJJ List No.: 1 Sl No.: 16 CT: AK