- 1 - NC: 2025:KHC-D:3568 CRL.A No. 100047 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL APPEAL NO. 100047 OF 2025 (U/S 14 A(2) of SC and ST ACT) BETWEEN: MANJUNATH S/O. BEERAPPA DESHABHANDARI AGE. 35 YEARS, OCC. BUSINESSMAN, R/O. NAVAGRAMMA, DIVAGI, KUMTA, UTTARA KANNADA-581359. …APPELLANT (BY SMT. POOJA RAJSHEKAR SAVADATTI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA (KUMTA POLICE STATION), R/BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580011. 2. SMT. SHOBHA PRABHAKAR MUKRI AGE. 33 YEARS, OCC. HOUSEHOLD, R/O. CHANDAVAR, TQ. HONNAVAR, NOW AT DIVAGI, KUMTA, UTTARA KANNADA-581359. 3. SMT. PUSHPA MANJUNATH MUKRI AGE. 27 YEARS, OCC. HOUSEWIFE, R/O. KELAGINAMANI, DIVAGI, KUMTA, UTTARA KANNADA-581359. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1; NOTICE TO R2 AND R3 ARE SERVED) THIS CRIMINAL APPEAL IS FILED U/S 14 A (2) OF SC AND ST (POA) AMENDMENT ACT, 2015, SEEKING TO SET ASIDE THE IMPUGNED ORDER IN CRL.MISC CASE NO.468/2024, DATED 08.01.2024, ON THE FILE OF II ADDL. DISTRICT AND SESSIONS B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.22 11:47:46 +0530 - 2 - NC: 2025:KHC-D:3568 CRL.A No. 100047 of 2025 JUDGE, UTTARA KANNADA, KARWAR AND CONSEQUENTLY ALLOW THE BAIL APPLICATION FILED BY APPELLANT U/S 14 A (2) OF SC AND ST (POA) AMENDMENT ACT, 2015, AND A DIRECTION BE ISSUED TO THE KUMTA POLICE STATION TO ENLARGE THE PRESENT APPELLANT ON BAIL, WHO IS ARRAYED AS ACCUSED NO.1, ON BAIL IN THE EVENT OF THEIR ARREST IN CONNECTION WITH KUMTA P.S. CRIME NO.244/2024, FOR THE OFFENCE PUNISHABLE U/S 420 OF IPC AND U/S 3(2)(Va), 3(2)(Vii) OF SC/ST (PREVENTION OF ATROCITIES) ACT. 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 investigation for offences punishable under Section 420 of the IPC and Sections 3(2)(va) and 3(2)(vii) of the SC and ST (Prevention of Atrocities) Act, has approached this Court seeking anticipatory bail. 2. The prosecution alleges that Accused No.1, fully aware that the complainant’s sister had received a compensation amount of ₹1,50,000/- from the Social Welfare Department, colluded with Accused No.2, who was working in the Social Welfare Department in Kumta, and received a sum of ₹25,000/- via PhonePe and ₹38,823/- in cash, totaling ₹63,823/-. It is alleged that the accused misrepresented that a portion of the compensation amount had to be remitted to the government and issued false and fabricated challans. 3. To substantiate the allegations, the complainant has produced screenshots of the PhonePe transaction and remittance - 3 - NC: 2025:KHC-D:3568 CRL.A No. 100047 of 2025 challans. The accused has also provided receipts claiming that the amount was remitted to the government. 4. Heard the learned counsel for the appellant and the learned Additional Government Advocate for the respondent – State. 5. Admittedly, there is no specific allegation against Accused No.1 for offences punishable under the SC and ST (Prevention of Atrocities) Act. The primary allegation is that Accused No.1 induced the complainant to part with a portion of the compensation amount under the pretext of remitting it to the government. The appellant contends that the alleged payments were made by the complainant’s husband, who has not filed any complaint. 6. In light of the circumstances, the appellant has established a prima facie case for being granted bail in the event of his arrest. Accordingly, I pass the following: ORDER a) The appeal is allowed. b) The impugned order dated 08.01.2025 passed by the II Addl. District and Sessions Judge, Uttar Kannada, Karwar, in Crl.M.No.468/2024 is hereby set aside. The Kumata Police Station - 4 - NC: 2025:KHC-D:3568 CRL.A No. 100047 of 2025 is hereby directed to release the appellant on bail in the event of his arrest in Crime No.244/2024, subject to following conditions: i. Appellant/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. ii. He shall appear before the Investigating officer within a period of 15 days and execute bail bond and offer surety. iii. He shall make himself available for the purpose of investigation as and when required and he shall co- operate with the investigation. iv. He shall furnish his residential address proof and shall inform the investigating officer/Court if there is any change in the address. v. He shall mark his attendance at the jurisdictional Police station once in 15 days till filing of the charge sheet. vi. He shall not tamper with the prosecution witnesses either directly or indirectly. vii. He shall be regular in attending the court proceedings. Sd/- (HEMANT CHANDANGOUDAR) JUDGE TIN Ct:vh List No.: 1 Sl No.: 10