- 1 - NC: 2025:KHC-D:3219 CRL.A No. 100024 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL APPEAL NO. 100024 OF 2025 (U/S 14 A(2) of SC and ST ACT) BETWEEN: 1. SRI. ABHISHEK @ ABHI S/O. MUTTAPPA BILANA, AGE. 23 YEARS, OCC. AUTO DRIVER, R/O. KETESHWAR COLONY, JAGDISH NAGAR, HEGGERI, OLD HUBBALLI-580001, TQ. HUBBALLI, DIST. DHARWAD. 2. SRI. ABHISHEK @ ABHI S/O. HANUMANTAPPA SHIKKALGAR, AGE. 20 YEARS, OCC. MASON WORKER, R/O. HEGGER JAGDISH NAGAR, OLD HUBBALLI-580001, TQ. DIST. DHARWAD. …APPELLANTS (BY SRI. NEELENDRA D. GUNDE, ADVOCATE) AND: 1. STATE OF KARNATAKA BY OLD HUBBALLI POLICE STATION, R/BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580001. 2. SMT. MUDDAMMA BALARAJ HOOLI AGE. 40 YEARS, OCC. HOUSE WIFE, R/O. H.NO. 80, BANKERS COLONY, RN SHETTY ROAD, OLD HUBBALLI, TQ. DIST. DHARWAD-580001. …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA FOR R1; NOTICE TO R2 IS SERVED) THIS CRIMINAL APPEAL IS FILED U/S 14 A(2) OF SC AND ST (POA) ACT, PRAYING TO SET ASIDE THE ORDER DATED 10.01.2025 PASSED BY II ADDL. DISTRICT AND SESSIONS JUDGE, DHARWAD IN OLD HUBBALLI P.S. CRIME NO.282/2024 AND GRANT BAIL TO THE APPELLANT IN CRIME NO.282/2024 PENDING - 2 - NC: 2025:KHC-D:3219 CRL.A No. 100024 of 2025 BEFORE 2ND ADDL.DISTRICT AND SESSIONS COURT DHARWAD REGISTERED WITH OLD HUBBALLI P.S. REGISTERED FOR THE OFFENCES PUNISHABLE U/S 109, 352, 351(2) AND 351(3) R/W 3(5) OF BHARATIYA NYAYA SANHITA-2023 AND 352 OF BHARATIYA NYAYA SANHITA-2023 AND SECTION 3(1)(r), 3(1)(s) OF SC AND ST (POA) ACT, IN SO FAR AS APPELLANTS/ACCUSED NO.1 AND 3 ARE CONCERNED. 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 appellants, accused Nos. 1 and 3, are before this Court seeking regular bail in connection with an investigation under Sections 109, 352, 351(2), and 351(3) read with Section 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023, as well as Section 3(1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 2. The prosecution alleges that the complainant’s mother was standing in front of her house in Old Hubballi, RNS Road, Bankers Colony, when the accused confronted her. They suspected that she had informed the husband of accused No. 2 about the illicit relationship between accused Nos. 1 and 2. Allegedly, the accused abused her in filthy language, mentioning her caste, and with an intention to murder her, assaulted her with a talwar on her head, ear, and hand. 3. Heard submissions from the learned counsel for the appellants and the learned Additional Government Advocate for respondent No. 1 – State. - 3 - NC: 2025:KHC-D:3219 CRL.A No. 100024 of 2025 4. The Additional Government Advocate submitted that the investigation is completed, and a charge sheet is yet to be filed before the jurisdictional court. The injured have been discharged from the hospital after treatment, and statements of witnesses, including eye witnesses, have been recorded. The appellants, accused Nos. 1 and 3, have been in judicial custody since 11.12.2024. As the investigation is complete, their further custodial interrogation is not required. Accused No. 1 is 23 years old, and accused No. 3 is 20 years old, their family members are dependent on them for daily needs. 5. Considering these factors, the appellants have made out a prima facie case for bail. Accordingly, the appeal is allowed. 6. The appellants - accused Nos.1 and 3 are enlarged on bail in Crime No.282/2024 registered by the Old Hubballi PS for the offences under Sections 109, 352, 351(2) and 351(3) read with Section 3(5) of BNS, 2023 and Section 352 of BNS, 2023 and Section 3(1)(r ), 3(1)(s) of SC and ST (POA) Act pending on the file of the learned II Additional District and Sessions Court, Dharwad, subject to the following conditions: (a) The appellants-accused Nos.1 and 3 shall furnish personal bond each for a sum of Rs.One lakh with one surety for the likesum to the satisfaction of the jurisdictional Court. (b) They shall appear before the Court as and when required. - 4 - NC: 2025:KHC-D:3219 CRL.A No. 100024 of 2025 (c) They shall not threaten or allure the prosecution witnesses in whatsoever manner. (d) They shall not get involved in similar offences. (e) They shall not leave the territorial limits of the Trial Court without prior permission of the Trial Court. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM Ct:vh List No.: 1 Sl No.: 13