- 1 - NC: 2025:KHC-D:2557 CRL.A No. 100025 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL APPEAL NO. 100025 OF 2025 (U/S 14 A(2) of SC and ST ACT) BETWEEN: SHRI. NARAYANA SWAMY S/O. BUGGAIAH AGE. 48 YEARS, OCC. OWNER OF BHAGYALAKSHMI TRADERS, R/O. S.N.PET-583132, KAMPLI TOWN, BALLARI. …APPELLANT (BY SRI. J.BASAVARAJ, ADVOCATE) AND: 1. THE STATE OF KARNATAKA R/BY KAMPLI POLICE STATION, NOW BY SPP, DHARWAD BENCH, DHARWAD-580008. 2. SRI. JADESHA C.D S/O. VIRUPANNA AGE. 32 YEARS, OCC. LABOURER, R/O. 4TH WARD, NEAR MARKET SCHOOL, BEHIND SWAMY JIN, KAMPLI, TQ. KAMPLI, DIST.-583132. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1; NOTICE TO R2 IS SERVED) THIS CRIMINAL APPEAL IS FILED U/S 14 A(2) OF SC AND ST ACT, PRAYING TO, ALLOW THIS APPEAL BY SETTING ASIDE THE ORDER DATED 07.01.2025 PASSED BY THE I ADDL.SESSIONS JUDGE AT BALLARI IN CRL.MISC.NO.1103/2024 AND FURTHER BE TO ENLARGE THE APPELLANT/ACCUSED ON REGULAR BAIL IN CRIME NO.170/2024 OF KAMPLI POLICE STATION FOR THE ALLEGED OFFENCES PUNISHABLE U/S 109(1), 115(2), 351, 352 OF BNS 2023 AND U/S 3(1)(r), 3(1)(s), 3(2)(v-a) OF SC AND ST ACT 1989. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.17 11:00:05 +0530 - 2 - NC: 2025:KHC-D:2557 CRL.A No. 100025 of 2025 ORAL JUDGMENT This appeal is filed under Sections 109(1), 115(2), 351, and 352 of the Bharatiya Nyaya Sanhita, 2023, and Sections 3(1)(r), 3(1)(s), and 3(2)(v-a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, seeking regular bail. 2. The prosecution alleges that the appellant, the owner of Bhagyalakshmi Traders, visited the construction site of Malleshwara Enterprises at APMC in Kampali town. Respondent No.2 was working at the Malleshwara Enterprises building and was responsible for draining water from the building every morning and evening. 3. The accused approached Respondent No.2 while he was working and advised him to instruct his employer to halt the construction. However, the construction work continued. The appellant videographed the construction, at which point Respondent No.2 confronted him. The appellant then allegedly grabbed the respondent by the neck and attempted to strangle him, causing the respondent to sustain lacerated wounds. 4. Heard the learned counsel for the appellant and the learned Additional Government Advocate for the respondent-State. The appellant has also lodged an FIR in Crime No. 169/2024 for offences punishable under Sections 409, 152, and 352 of the Bharatiya Nyaya Sanhita, 2023, against Respondent No.2 and the owner of Malleshwara Enterprises. Subsequently, an FIR was registered against the appellant. The dispute between the parties arises from the construction of the building. The appellant has been - 3 - NC: 2025:KHC-D:2557 CRL.A No. 100025 of 2025 in custody since 09.12.2024. The informant, after receiving medical treatment, has been discharged from the hospital. The appellant is not required for further custodial interrogation. Therefore, the appellant has established a prima facie case for grant of bail. ORDER Accordingly, appeal is allowed. The impugned order dated 07.01.2025 passed by the Ist Additional and Sessions Judge at Ballari in Crl.M.No.1103/2024 is set aside. The appellant is enlarged on bail in Crime No.170/2024 registered by Kampali Police Station for the offences punishable under Section 109(1), 115(2), 351, 352, of BNS, 2023 and Under sections 3(1)(r), 3(1)(s), 3(2)(va) of SC and ST (POA) Act, 1989. a) The petitioner/accused shall furnish indemnity bond for a sum of Rs.1 lakh with one surety for the likesum to the satisfaction of the jurisdictional Court. b) He shall appear before the Court as and when required. c) He shall not threaten or allure the prosecution witnesses in whatsoever manner. d) He shall not get involved in similar offences. e) He shall not leave the territorial limits of the Trial Court without prior permission of the Trial Court. Sd/- (HEMANT CHANDANGOUDAR) JUDGE TIN Ct:vh