- 1 - HC-KAR NC: 2025:KHC-D:14096 CRL.A No. 100614 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 17TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL APPEAL NO.100614 OF 2025 (U/S 14 A(2) of SC and ST ACT) BETWEEN: 1. SHRI BHIMAPPA @ BHIM S/O. ADRUSHPPA KALADAGI, AGE. 23 YEARS, OCC. AGRICULTURE, R/O. ASHRAYA COLONY, BAILHONGAL, TAL. BAILHONGAL, DIST. BELAGAVI-591102. 2. SHRI. BHIMAPPA @ NINGAPPA KALADAGI, AGE. 21 YEARS, OCC. AGRICULTURE, R/O. ASHRAYA COLONY, BAILHONGAL, TAL. BAILHONGAL, DIST. BELAGAVI-591102. …PETITIONERS (BY SMT. NAGARATNA S.PATTAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH STATION HOUSE OFFICER, BAILHONGAL POLICE STATION, TAL. AND DIST. BELAGAVI, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT BENCH DHARWAD. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:14096 CRL.A No. 100614 of 2025 2. SMT. NEELAWWA W/O. IRAPPA TIMMANNAVAR, AGE. 48 YEARS, OCC. BUSINESS, R/O. ASHRAYA COLONY, BAILHONGAL, TAL. BAILHONGAL, DIST. BELAGAVI-591102. …RESPONDENTS (BY SRI. PRAVEEN Y.DEVAREDDI, HCGP FOR R1; SRI. R.H. ANGADI, ADVOCATE FOR R2) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14(A) (2) OF SC/ST (PA)ACT 1989, PRAYING THAT, BY ALLOWING THIS APPEAL THE APPELLANTS/ACCUSED NO.2 AND 3 MAY BE RELEASED ON BAIL, IN BAILHONGAL PS CRIME NO.230/2024 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 189(2), 191(2), 191(3), 126(2), 103(2), 115(2), 352, 351(2) R/W 190 OF BNS 2023 UNDER SECTIONS 3(1) (R), 3(1) (S), 3(2)(V), 3(2)(VA) OF SC/ST (PREVENTION OF ATROCITIES) AMENDMENT ACT, 2015 PENDING ON THE FILE OF THE III ADDL. DIST. AND SESSIONS JUDGE, BELAGAVI, IN THE INTEREST OF JUSTICE. THIS CRIMINAL APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The appellants herein who arrayed as accused Nos.2 and 3 in Crime No.230/2024 filed by the respondent – Police are before this Court seeking for regular bail. - 3 - HC-KAR NC: 2025:KHC-D:14096 CRL.A No. 100614 of 2025 2. The case of the prosecution is that the complainant belongs to Hindu-Valmiki caste. She was residing with her son Ravi. Few days back her son Ravi and accused No.4 had quarreled with each other on some petty reasons. As a result of which, Kaladgi family was angry on Ravi. It is alleged that on 03.11.2024, at about 04.00 P.M there was a quarrel between her son Ravi and Manoj Patil. 3. It is further alleged that on 03.11.2024, at about 10.15 P.M she had been near Kannada School, Ashraya Colony to call her son for dinner. At that time, her son was standing along with his friends. At that time, accused Nos.1 to 13 came to the spot with weapons and also holding beer bottles, started assaulting Ravi. At that time, the complainant raised hue and cry. The other persons, who were residing nearby places, gathered and tried to pacify the quarrel. In the mean time, her son had sustained severe injuries. They took the injured person to the hospital. However, the doctor declared him as brought dead. - 4 - HC-KAR NC: 2025:KHC-D:14096 CRL.A No. 100614 of 2025 4. Based on the complaint, the respondent – Police conducted the investigation and submitted the charge- sheet. 5. Heard Sri. Nagarathna S. Pattar, learned counsel for appellants and Sri. Praveen Y. Devareddi, learned High Court Government Pleader for respondent No.1-State. 6. It is the submission of the learned counsel for the appellants that, the appellants are innocent of the alleged offences. Though, the respondent No.2 made certain allegations against these appellants, the allegations are baseless and bald for the reasons that she is the interested witness and made her statement to take revenge against the appellants. Therefore, it is appropriate to grant them bail by imposing suitable conditions. 7. Per Contra, the learned High Court Government Pleader for State vehemently submitted that the charge- sheet averments would indicate the overt-act of the - 5 - HC-KAR NC: 2025:KHC-D:14096 CRL.A No. 100614 of 2025 appellants. In case, if the appellants are enlarged on bail there would be a chances of committing similar offences or there may be chances of threatening the prosecution witnesses. Therefore, it is not appropriate to grant bail. Making such submission, the learned High Court Government Pleader prays to reject the bail. 8. Having heard the learned counsels for the respective parties and also perused the averments of the charge-sheet, it appears from the record that the accused Nos.2 and 3 who are the appellants herein had assaulted the deceased with weapons and caused severe injuries. Though, there were several eye-witnesses to the incident, the prosecution cited five independent eye-witnesses to the incident. 9. Having considered the gravity and seriousness of the offence and also keeping in mind the impact on the society, it is appropriate to reject the bail to the appellants. - 6 - HC-KAR NC: 2025:KHC-D:14096 CRL.A No. 100614 of 2025 10. In the light of the observation made above, the appeal is hereby rejected. 11. Ordered accordingly. Sd/- (S.RACHAIAH) JUDGE NM / CT: UMD List No.: 1 Sl No.: 17