- 1 - NC: 2025:KHC:17238 CRL.A No. 664 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH CRIMINAL APPEAL NO.664 OF 2025 BETWEEN: RANGASWAMY S/O HANUMANTHAPPA AGED ABOUT 60 YEARS AGRICULTURIST R/AT. HONNAVILE VILLAGE NEAR AIRTEL TOWER SHIVAMOGGA TALUK SHIVAMOGGA DISTRICT-577222. …APPELLANT (BY SRI. MANJEGOWDA K.G. ADV.,) AND: 1. STATE OF KARNATAKA BY SHIVAMOGGA RURAL POLICE STATION REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU-560001. 2. PAVANA .D S/O DEVARAJA AGED ABOUT 21 YEARS R/AT. HONNAVILE VILLAGE SHIVAMOGGA TALUK SHIVAMOGGA DISTRICT-577222. …RESPONDENTS (BY SMT. K.P. YASHODA, HCGP FOR R1/STATE R2 SERVED) Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17238 CRL.A No. 664 of 2025 THIS CRL.A IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT, PRAYING TO SET ASIDE THE ORDER PASSED BY THE HONBLE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, AT SHIVAMOGGA, IN CR.NO.8/2025 (CR.NO.36/2025) ORDER DTD 06.03.2025 AND MAY KINDLY BE PLEASED TO ENLARGE HIM ON BAIL IN CR.NO.36/2025, FOR THE OFFENCES P/U/S 109, 115(2), 118(1), 351(2), 352 R/W 3(5) OF BNS, U/S 3(1)(r), 3(1)(s), 3(1)(w)(i), 3(2)(va) OF THE SC AND ST (POA) ACT, PENDING BEFORE THE COURT OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA, ON THE FILE OF SHIVAMOGGA RURAL P.S., SHIVAMOGGA DISTRICT IN THE ENDS OF LAW AND JUSTICE. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT Heard learned counsel for the appellant and also the learned counsel appearing for the State. 2. This appeal is filed by accused No.1. The factual matrix of the case of the prosecution is that on 09.02.2025 at about 11:30 p.m., first informant and his brother were on their way back to home in Mahindra pickup vehicle. On reaching near Honnavile railway gate, - 3 - NC: 2025:KHC:17238 CRL.A No. 664 of 2025 the railway gate was closed. The first informant stopped the vehicle and was conversating with his brother. At that time, the accused No.1 came there and scolded the first informant. When questioned about his act, accused No.1 abused by taking the caste name and threatened the first informant that he belongs to a lower caste, should not live in the village and they would be kicked out of the village. Beside the said abusive words, the accused had also intimidated by giving a life threat and thereafter, had torn the cloth of the brother of the first informant and both of them have reached their house. Accused No.1 accompanied by accused No.2 came near the house of the first informant and when the uncle of the first informant Raju K.N. attempted to question accused No.1, at that time, both accused had taken out a knife which was hidden and stabbed on the stomach of said Raju and thereby caused grievous injury. Based on the complaint police have registered the case against accused Nos.1 and 2. The appellant herein is arrested and accused No.2 was absconded. - 4 - NC: 2025:KHC:17238 CRL.A No. 664 of 2025 3. The main contention of the learned counsel appearing for the appellant that the allegation against accused No.2 is that he inflicted injury with the weapon and only allegation against the appellant herein is that he kicked him and instigated the other accused and also abused him in filthy language but not taken any caste name. 4. Though overt act allegation is made against both the accused and this Court also after hearing this matter on the previous occasion directed the learned HCGP to get the statement of the injured, whether both of them have inflicted injury or not. Today the counsel appearing for the State placed on record the statement of injured and the injured made the statement that the other accused who absconded had inflicted the injury. The allegation against the appellant herein is only that he kicked the victim and abused. 5. Learned counsel appearing for the State also contends that both of them have taken the name of caste and humiliated in the presence of the general public and - 5 - NC: 2025:KHC:17238 CRL.A No. 664 of 2025 assaulted. The appellant herein is being in custody from February, 2025 cannot be a ground to enlarge the appellant. 6. Heard the learned counsel for the appellant and also the learned counsel for the respondent – State. 7. The same is clarified that accused No.2 has inflicted injury with the weapons and not the appellant herein. This appellant is also in the custody and he has also assisted for investigation, but only accused No.2 is absconded. Taking into note of overt act and also the abuse made against the complainant and also the victim, the only allegation against the appellant herein is that he kicked and abused, hence, he sought for regular bail. 8. Having taken note of the said fact into consideration, there is no need of further custody of the appellant herein. Having considered the gravity and also the overt act allegation, this Court has exercised the discretion in favour of the appellant herein subject to safeguard the interest of the respondent prosecution. - 6 - NC: 2025:KHC:17238 CRL.A No. 664 of 2025 9. In view of the discussions made above, I pass the following: ORDER The appeal is allowed. Consequently, the appellant /accused shall be released on bail in Crime No.36/2025 of Shivamogga Rural Police Station, registered for the offence punishable under Section 3(2)(va), 3(1)(r), 3(1)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment bill, 2015 and under Sections 109, 115(2), 118(2), 351(2), 74, 352 r/w 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023, subject to the following conditions: (i) The appellant shall execute personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the like- sum to the satisfaction of the jurisdictional Court. (ii) The appellant shall not indulge in tampering the prosecution witnesses. (iii) The appellant shall appear before the jurisdictional Court on all the future - 7 - NC: 2025:KHC:17238 CRL.A No. 664 of 2025 hearing dates, unless exempted by the Court for any genuine cause. (iv) The appellant shall not leave the jurisdiction of the Trial Court without prior permission of the Court, till the case registered against him is disposed of. Sd/- (H.P.SANDESH) JUDGE ABK List No.: 1 Sl No.: 49