- 1 - NC: 2025:KHC-D:3021 CRL.A No. 100061 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL APPEAL NO. 100061 OF 2025 (U/S 14 A(2) of SC & ST ACT) BETWEEN: 1. MANJUNATH S/O. BASAPPA UPPAR AGE. 41 YEARS, OCC. BUSINESS, R/O. 2ND CROSS, NEW GABBUR, HUBBALLI. 2. NAGARAJ S/O. TIMMAYYA UPPAR AGE. 53 YEARS, OCC. BUSINESS, R/O. 2ND CROSS, NEW GABBUR, HUBBALLI. …APPELLANTS (BY SRI. MAHESH WODEYAR, ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH BENDIGERI POLICE STATION, HUBBALLI, REPTD. BY ADDL.SPP, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD. 2. MALLESHAPPA S/O. HONAKERAPPA CHAKALABBI, AGE. 61 YEARS, OCC. DRIVER, R/O. HOSA GABBUR, NEAR RENUKACHARYA TEMPLE, HUBBALLI-580023. …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA FOR R1; SRI. H.N.GULARADDI, ADV. FOR R2) THIS CRIMINAL APPEAL IS FILED U/S 14 A(2) OF SC AND ST (POA) ACT 1989, PRAYING TO, ALLOW THE CRIMINAL APPEAL AND SET ASIDE THE ORDER PASSED BY THE II ADDL.DISTRICT AND SESSIONS JUDGE, DHARWAD IN BENDIGERI P.S. CR.NO.6/2025 DATED 21.01.2025 AND ENLARGE THE APPELLANTS ON BAIL IN CRIME NO.6/2025 OF BENDIGERI POLICE STATION, HUBBALLI FOR THE OFFENCE PUNISHABLE U/S 61(2), (a), 115(2), 118(1), 109, 352, Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.17 13:42:40 +0530 - 2 - NC: 2025:KHC-D:3021 CRL.A No. 100061 of 2025 351(2), 351(3), 190 OF BNS ACT 2023 AND U/S 3(1)(r)(s), 2(v) OF THE SC AND ST (PREVENTION OF ATROCITIES) ACT 1989 SO FAR APPELLANTS NO.1 AND 2 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 ORDER 1. Heard the learned counsel for the parties. 2. The appellants/accused Nos.1 and 2 are facing investigation for offences punishable under Sections 61(2)(A), 115(2), 118(1), 109, 352, 351(2), and 351(3) read with Section 190 of the Bharatiya Nyaya Sanhita, 2023, and Sections 3(1)(r)(s) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. They have approached this Court seeking regular bail. 3. The prosecution alleges that on 10.01.2025, at about 10:45 p.m., near Hosa Gabbur Government School, when the complainant’s son was riding his motorcycle, accused Nos.1 and 2 allegedly instigated accused No.3 and his associates (accused Nos.4 to 9 and others) with the intent to commit his murder. It is further alleged that the accused threw chili powder on the complainant’s son, assaulted him with their hands, kicked him, and attacked him with a knife and a rod on his head, stomach, and chest, causing grievous injuries. - 3 - NC: 2025:KHC-D:3021 CRL.A No. 100061 of 2025 4. Heard the learned counsel for the appellants, the learned Additional Government Advocate for the respondent-State, and the learned counsel for respondent No.2/complainant. 5. A perusal of the First Information Report (FIR) reveals that the only allegation against accused Nos.1 and 2 is that they instigated the other accused to commit the murder of the complainant’s son. Apart from this alleged instigation, there are no specific overt acts attributed to accused Nos.1 and 2 concerning the actual assault. To sustain the allegation of instigation, there must be direct or indirect evidence demonstrating that accused Nos.1 and 2 actively participated in or facilitated the alleged attack. 6. Considering the lack of specific overt acts and the prima facie case made out by the appellants, they have made out a case for grant of bail, subject to appropriate conditions. 7. Accordingly, appeal is allowed. The impugned order dated 21.01.2025 passed by the IInd 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 Bendigeri P.S.Crime No.6/2025 is hereby set aside. The accused Nos.1 and 2 are enlarged on bail. Subject to following conditions: i. Appellants/accused Nos.1 and 2 shall furnish personal bond for a sum of Rs.1 lakh each with one surety for the likesum to the satisfaction of the jurisdictional Court. - 4 - NC: 2025:KHC-D:3021 CRL.A No. 100061 of 2025 ii. They shall appear before the Court as and when required. iii. They shall not threaten or allure the prosecution witnesses in whatsoever manner. iv. They shall not get involved in similar offences. v. They shall not leave the territorial limits of the Trial Court without prior permission of the Trial Court. Sd/- (HEMANT CHANDANGOUDAR) JUDGE TIN CT:vh List No.: 1 Sl No.: 8