- 1 - NC: 2025:KHC-K:112 CRL.A No. 200323 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 9TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL APPEAL NO. 200323 OF 2024 (U/S 14 (A)) BETWEEN: JAVEED @ JAHEEDSAB S/O CHANDSAB @ CHANDUSAB BADIGERA, AGE: 27 YEARS, OCC: COOLIE, R/O NAGARALA, TQ: LINGASUGUR, DIST: RAICHUR-584 101. …APPELLANT (BY SRI. SHIVANAND V PATTANASHETTI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH PSI, MUDGAL POLICE STATION, DIST: RAICHUR-584 101. R/BY ADDL. SPP, HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585 107. 2. BASAPPA S/O GADDEPPA KORAVAR, AGED ABOUT 56 YEARS, OCC: KULA KASABU, R/O NAGARAL, TQ: LINGASUGUR, DIST: RAICHUR-584 101. …RESPONDENTS Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC-K:112 CRL.A No. 200323 of 2024 (BY SRI. SHABUDDIN JAMADAR, HCGP FOR R1; SRI. MAHANTESH PATIL, ADVOCATE FOR R2) THIS CRL.A. IS FILED U/S.14(A)(2) SC/ST (POA) ACT PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED: 25.11.2024 PASSED IN CRL.MISC.NO.5414/2024 BY III ADDITIONAL DISTRICT AND SESSIONS JUDGE, RAICHUR, AT SINDHANUR AND TO GRANT THE REGULAR BAIL TO THE APPELLANT/ACCUSED NO.2 IN SPECIAL C. NO. 5383/2024 (MUDUGAL PS CRIME NO.101/2024 DISTRICT RAICHUR) PENDING ON THE FILE OF III ADDITIONAL DISTRICT AND SESSIONS JUDGE, RAICHUR SITTING AT SINDHANUR, FOR THE OFFENCES PUNISHABLE U/SECS. 109, 115(2), 118(2), 352 R/W 3(5) OF BNS-2023 (U/SEC.307, 323, 324, 504 R/W 34 OF IPC) AND U/SEC.3(1)(r), 3(1)(s), 3(2)(va) OF SC/ST (PA) ACT -2015. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ) Heard the learned counsel for appellant, learned High Court Government Pleader for the State and learned counsel appearing for respondent No.2/defacto complainant. Perused the material on record. 2. Appellant arraigned as accused No.2 has preferred this appeal praying to set aside the order passed - 3 - NC: 2025:KHC-K:112 CRL.A No. 200323 of 2024 by the learned Sessions Judge dismissing his petition seeking regular bail and consequently to enlarge him on bail in Crime No.101/2024 of Mudgal Police Station, pending in Spl.C.No.5380/2024 on the file of the Court of III Additional District and Sessions Judge, Raichur (Sitting at Sindhanur). 3. FIR was registered against seven accused persons on a complaint lodged by respondent No.2/Basappa namely the father of injured by name Amaresh for offences punishable under Section 189(2), 191(1), 191(2), 191(3), 109, 133, 190 of BNS, 2023 and Section 3(1)(r)(s), 3(2)(va) of SC & ST (Prevention of Atrocities) Amendment Act, 2015. 4. On completion of investigation, while filing charge sheet, the names of accused Nos.3 to 7 stated in the FIR have been dropped and the charge sheet is filed only against accused No.1 and 4 mentioned in the FIR. - 4 - NC: 2025:KHC-K:112 CRL.A No. 200323 of 2024 5. It is the case of prosecution that on 18.07.2024 at about 9.30 p.m., CWs.2 and 4 had been to attend the call of nature and while returning to their house, both the accused picked up quarrel with them, abused them in filthy language referring to his caste and stabbed with knife and also kicked him etc. 6. In the complaint lodged by Basappa, he has alleged that one Amaresh son of Sangappa came and informed him that few persons are assaulting his son and his friend Yaseen and therefore he went to the spot and saw the accused persons abusing and assaulting his son. Based on the said information, initially case was registered against seven accused persons. However, during the course of investigation, statement of the injured was recorded, according to whom, only two accused named as accused Nos.1 and 4 in the FIR committed the offence. - 5 - NC: 2025:KHC-K:112 CRL.A No. 200323 of 2024 7. A perusal of the statement of the injured goes to show that accused No.1 assaulted him with a knife whereas accused No.2 abused him in filthy language and then kicked him on account of which he sustained injury to his right thumb. 8. The learned counsel appearing for respondent No.2 has contended that as per wound certificate, the injury sustained by the injured are grievous in nature and he has sustained fracture of 1st Metacarpal in the right hand which correspond to the assault made by the present appellant. He has therefore contended that there is a prima facie case against the appellant and therefore, he is not entitled for bail. 9. Learned counsel for appellant on the other hand would contend that FIR was registered against seven accused persons by falsely implicating them by the father of injured and that itself shows that its a false case foisted against the petitioners. He contended that due to previous - 6 - NC: 2025:KHC-K:112 CRL.A No. 200323 of 2024 enmity, the petitioners are implicated in this case and even accepting the statement of injured, the appellant herein has not assaulted the injured with any weapon. He contended that the charge sheet is already filed and therefore, by imposing conditions the appellant may be admitted to bail. 10. As per the wound certificate, injured has sustained the following injuries: (i) Cut and lacerated wound over throat measuring 10 cm in length and 1.5 – 2 cm deep with major vessel damage (Carotid and angular veins) (ii) Fracture base of 1st metacarpal of right hand. 11. According to prosecution the present appellant arraigned as accused No.2 in the charge sheet has abused the injured using filthy language referring to his caste and kicked him on account of which he sustained injuries to his right thumb. Injured is already discharged from hospital. It cannot be said that there was any intention on the part - 7 - NC: 2025:KHC-K:112 CRL.A No. 200323 of 2024 of the appellant herein to take away the life of the injured. Charge sheet is filed. Appellant has no criminal antecedents. 12. The learned Sessions Judge has observed that both are residents of same village and therefore, if bail is granted, accused may threaten the victim and may repeat the offence. The said apprehension can be safeguarded by imposing stringent conditions. Hence, the following: ORDER 1. The appeal is allowed. 2. The order dated 25.11.2024 passed by the Court of the III Additional District and Sessions Judge, Raichur, Sitting at Sindhanur in Crl.Misc.No.5414/2024 is set aside. 3. The appellant/accused No.2 is ordered to be released on bail in SPl.C.No.5383/2024 (Crime No.101/2024) of Mudgal Police Station, Raichur, subject to following conditions: - 8 - NC: 2025:KHC-K:112 CRL.A No. 200323 of 2024 i. Appellant shall execute a personal bond of Rs.50,000/-(Rupees Fifty Thousand only) with two sureties for the likesum to the satisfaction of the learned Sessions Judge. ii. He shall furnish proof of his residential address and shall inform the I.O./Court, in case of change in the address; iii. He shall not tamper with the prosecution witnesses directly or indirectly; iv. He shall not leave the jurisdiction of the trial court, without the prior permission of the learned Sessions Judge; v. He shall not intimidate or threaten the complainant or the injured in any manner; vi. He shall appear before the trial court on all dates of hearing without fail; - 9 - NC: 2025:KHC-K:112 CRL.A No. 200323 of 2024 vii. He shall not indulge himself in any criminal activities. Violation of any of the above conditions shall lead to cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE HB/- List No.: 19 Sl No.: 1