- 1 - NC: 2025:KHC-D:3949 CRL.A No. 100031 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL APPEAL NO. 100031 OF 2025 (U/S 14 A(2) of SC & ST ACT) BETWEEN: SARAFRAJ S/O. NOORAHANAD NAVALUR AGE. 40 YEARS, OCC. WELDER, R/AT. BARA IMMAM GALLI, DHARWAD, TQ. DHARWAD, DIST. DHARWAD-580001. …APPELLANT (BY SRI. GOURI SHANKAR MOT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DHARWAD RURAL POLICE STATION, DHARWAD, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD. 2. SANDEEP RAJAMANIK SHINDE, AGE. 29 YEARS, R/AT. MANAKILLA, DIST. DHARWAD-580001. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1; SRI. N.G.MASANAGI, ADVOCATE FOR R2) THIS CRIMINAL APPEAL IS FILED U/S 14 A(2) OF SC AND ST (POA) ACT 2015, PRAYING TO, SET ASIDE ORDER DATED 13.12.2024 AND CONSEQUENTLY ALLOW THE APPEAL AND ENLARGE THE APPELLANT/ACCUSED NO.1 ON BAIL AS ATTACHED IN DHARWAD RURAL POLICE STATION CRIME NO.179/2024 PENDING ON THE FILE OF 2ND ADDL. DISTRICT AND SESSIONS JUDGE, DHARWAD AND SPECIAL COURT FOR TRIAL OF THE OFFENCES UNDER THE POCSO ACT AND SC AND ST (POA) ACT IN SPL.SC/ST NO.54/2024 FOR THE OFFENCE PUNISHABLE U/S 103(1), 3(5), 61(1) OF BNS, 2023 AND SECTION 3(2)(v) OF SC/ST POA ACT, 2015. Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.28 12:29:30 +0530 - 2 - NC: 2025:KHC-D:3949 CRL.A No. 100031 of 2025 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL JUDGMENT 1. The appellant, accused No.1, who is facing charges for offences punishable under Sections 103(1), 3(5), and 61(1) of BNS, 2023, and Section 3(2)(v) of the SC/ST POA Act, 2015, is before this Court seeking bail. 2. The prosecution alleges that the accused No.1 took a hand loan of ₹1,00,000 from the deceased Harish, and despite repeated demands by Harish, he failed to repay the amount. On one occasion, when Harish went to the accused’s house to demand repayment, he allegedly remarked that if the loan could not be repaid, he should send the women of his house with him— thereby giving rise to a grudge. 3. On 22.07.2024, at about 7:30 p.m., the accused Nos.1 and 2 allegedly conspired to murder Harish. Accused No.1 called Harish, promising to return the money, and asked him to come to Hebballi Agasi. Harish arrived at the location on a motorcycle belonging to CW24 (Sunil Garag). The accused then took Harish on the same motorcycle to a plot bearing Survey No.92, owned by CW20 (Channappa Godi) in Hosayallapur-V, where soybean crops were grown. 4. Subsequently, Accused No.1 called Accused No.2, asking him to come to the spot; Accused No.2 arrived on a motorcycle belonging to CW23 (Manasurali). - 3 - NC: 2025:KHC-D:3949 CRL.A No. 100031 of 2025 5. At about 8:00 p.m., the accused allegedly picked a quarrel with Harish, abused him in filthy language—referring to his caste, knowing he belonged to the Hindu Dor Scheduled Caste— and with the intent to murder, Accused No.1 struck Harish on the head with an iron “machchu,” causing grievous injuries and pushing him to the ground. Accused No.2 then allegedly struck Harish on the head with a large stone, causing further grievous injuries that resulted in Harish’s death. 6. The accused allegedly stole a gold chain from Harish’s neck, ₹25,000 in cash from his pocket, and a OnePlus mobile phone before fleeing the scene on the motorcycle of CW23. Based on the complaint, the Dharwad Rural Police registered a case in Crime No.179/2024 and subsequently arrested the accused. 7. The learned counsel for the appellant argues that the entire case is based on circumstantial evidence with no eyewitnesses. He further contends that the inquest panchanama— conducted in the presence of CW3—clearly shows that CW3 did not last see the deceased with Accused No.1. Therefore, the facts must be proven at trial, and the appellant is entitled to be released on bail. 8. In response, the learned Additional Government Advocate for the respondent (State) argues that, at the instance of Accused No.1, the weapon used in the murder was recovered in the presence of panchas, and the FSL report shows that the bloodstains on the weapon match the blood group of the deceased. Consequently, there is prima facie material to establish that - 4 - NC: 2025:KHC-D:3949 CRL.A No. 100031 of 2025 Accused No.1 committed the murder, and the appellant is not entitled to bail; hence, the appeal should be dismissed. 9. Furthermore, although CW3 has allegedly stated that the deceased was last seen with Accused No.1, the inquest panchanama does not record that CW3 last saw her with Accused No.1. It appears that Accused No.1 was arrested based on the suspicion that the deceased was last seen with him and due to a grudge arising from the ₹1,00,000 loan, while Accused No.2 was arrested based on Accused No.1’s confession. 10. The prosecution’s entire case rests on circumstantial evidence, which must be proven at trial. The appellant has made out a prima facie case for bail. Accordingly, the appellant is entitled to be released on bail. ORDER i) The appeal stands allowed. ii) The appellant/accused No.1 is enlarged on bail in Spl.SC/ST No.54/2024 pending on the file of learned II Addl. District & Sessions Judge, Dharwad and Special Court for trial of the offences under the POCSO Act and SC/ST (POA) Act for the offences punishable under Sections 103(1), 3(5), 61(1) of BNS, 2023 and Section 3(2)(v) of SC and ST (Prevention of Atrocities) Act, 2015, subject to the following conditions: a) The appellant/accused No.1 shall furnish indemnity bond for a sum of ₹1,00,000/- with one surety for the likesum to the satisfaction of the jurisdictional Court. - 5 - NC: 2025:KHC-D:3949 CRL.A No. 100031 of 2025 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 JTR Ct:vh List No.: 1 Sl No.: 12