- 1 - NC: 2025:KHC-D:2731 CRL.A No. 100037 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL APPEAL NO. 100037 OF 2025 (U/S 14 A(2) of SC & ST ACT) BETWEEN: 1. HULIGEPPA S/O. DURAGAPPA BALLARI AGE. 60 YEARS, OCC. AGRICULTURE, R/O. 3RD CROSS, GOLLAR COLONY, M J NAGAR, DHARWAD. 2. KUMAR @ KRISHNAKUMAR S/O. BHEEMAPPA GOLLAR, AGE. 25 YEARS, OCC. COOLIE, R/O. GOLLAR COLONY, 1ST CROSS, MRUTYUNAJAYA NAGAR, DHARWAD. 3. VITTAL S/O. HULIGEPPA BALLARI, AGE. 34 YEARS, OCC. COOLIE, R/O. 3RD CROSS, GOLLAR COLONY, M J NAGAR, DHARWAD. 4. MANIKANTH S/O. BHEEMAPPA GOLLAR AGE. 27 YEARS, OCC. SECURITY GUARD, R/O. GOLLAR COLONY, 1ST CROSS, MRUTYUNAJAYA NAGAR, DHARWAD. …APPELLANTS (BY SRI. K.M.SHIRALLI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY DHARWAD TOWN POICE, THROUGH ASSISTANT COMMISSIONER OF POLICE, SUB-DIVISION DHARWAD, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH DHARWAD. 2. SMT. DURGAVVA W/O. RAJU MUDHOL, Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.13 10:44:37 +0530 - 2 - NC: 2025:KHC-D:2731 CRL.A No. 100037 of 2025 AGE. 40 YEARS, OCC. HOUSEWIFE, R/O. GOLLAR COLONY, 1ST CROSS, SAUNDATTI ROAD, DHARWAD-580006. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1; SRI. A.A.PATHAN, ADV. FOR R2) THIS CRIMINAL APPEAL IS FILED U/S 14 A(2) OF SC AND ST (POA) ACT 1989, PRAYING TO, SET ASIDE THE ORDER PASSED BY THE II ADDL.DISTRICT AND SESSIONS JUDGE, DHARWAD AND SPECIAL COURT OF TRIAL OF THE OFFENCES UNDER THE POCSO ACT AND SC AND ST (POA) ACT DATED 10.01.2025 AND RELEASE THESE APPELLANTS/ACCUSED NO.1 TO 4 ON BAIL IN DHARWAD TOWN P.S. CRIME NO.1/2025 REGISTERED FOR THE OFFENCES PUNISHABLE U/S 3(1)(r), 3(1)(s), 3(2)(5a) OF SCHEDULE CASTE AND SCHEDULE TRIBES (PREVENTION OF ATROCITIES) AMENDMENT ORDINANCE 2014 AND U/S 109, 115(2), 118(1), 126(2), 190, 351(2), 351(3), 352 AND 74 OF BHARATIYA NYAYA SANHITA, (BNS) 2023, PENDING ON THE FILE AS OF THE HON’BLE COURT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL JUDGMENT This appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, is filed by accused Nos.1 to 4 seeking their enlargement on regular bail. 2. Respondent No.2 has lodged a First Information Report (FIR) stating that she belongs to a Scheduled Caste community. According to the complaint, on 01.01.2025 at 5:00 P.M., accused No.1 had stored sand, bricks, and other building materials in front of his under-construction building and also parked a tractor on the public road, thereby causing obstruction to free movement. When Anand, a relative of the complainant, was driving - 3 - NC: 2025:KHC-D:2731 CRL.A No. 100037 of 2025 his auto-rickshaw, he requested accused No.1 to clear the obstruction. Accused No.1, enraged by this, allegedly abused Anand in filthy language. Upon hearing the altercation, accused Nos.2 to 7 arrived at the scene and allegedly abused Anand with reference to his caste in filthy language. Subsequently, the complainant, her husband, her son, and other relatives came to the spot to pacify the quarrel. At that time: • Accused No.2, with the intent to kill the complainant’s husband, allegedly assaulted him on the left side of his head with an iron rod, causing bleeding injuries. • Accused No.3 allegedly dashed the head of the complainant’s son against his nose, causing injuries. • Accused No.4 allegedly assaulted Anand with bricks on his right hand, causing injuries. • Accused No.1 allegedly caught hold of the complainant’s relative, while accused No.5 allegedly punched him on the chest. • Accused Nos.6 and 7 allegedly dragged Pooja, a relative of the complainant, by holding her hands, attempted to outrage her modesty, and issued threats to her life. 3. Heard the learned counsel for the appellants, the learned Additional Government Advocate for respondent No.1- State, and the learned counsel for respondent No.2. - 4 - NC: 2025:KHC-D:2731 CRL.A No. 100037 of 2025 4. The injured persons, after receiving treatment, have been discharged from the hospital. The weapons allegedly used in the assault have been recovered by the Police. Accused Nos.5 to 7, against whom allegations of outraging modesty and caste-based abuse have been made, have already been enlarged on bail. The appellants (accused Nos.1 to 4) are not required for further custodial interrogation, as recovery has been completed. 5. Considering the overall circumstances, the appellants have made out a prima facie case for grant of bail. Accordingly, I pass the following: ORDER i. The appeal is allowed. ii. The impugned order dated 10.01.2025 passed by the II Additional District and Sessions Judge Dharwad and Special Court in Dharwad Town Police Station Crime No.01/2025 is set aside. iii. Appellants/accused Nos.1 to 4 are enlarged on bail in relation to Crime No.01/2025 registered by Dharwad Town Police Station, for the offences punishable under Sections 3(1)(r), 3(1)(s), 3(2)(va) of the SC/ST (POA) Amendment Ordinance 2014 and Section 109, 115(2), 118(1), 126(2), 190, 351(2) and 74 of the Bharatiya Nyaya Sanhita (BNS), 2023 subject to the following conditions: - 5 - NC: 2025:KHC-D:2731 CRL.A No. 100037 of 2025 i. Appellants/accused Nos.1 to 4 shall furnish a personal bond for a sum of Rs.1 lakh each with one surety for the likesum to the satisfaction of the jurisdictional Court. ii. They shall appear before the Court as and when summoned. iii. They shall not threaten or allure the prosecution witnesses in whatsoever manner. iv. they shall not leave the territorial limits of the Trial Court without prior permission of the Trial Court. Sd/- (HEMANT CHANDANGOUDAR) JUDGE AC List No.: 1 Sl No.: 15