- 1 - HC-KAR NC: 2025:KHC-D:10688 CRL.A No. 100475 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL APPEAL NO. 100475 OF 2025 (U/S 14 A(2) OF SC AND ST ACT) BETWEEN: PRASHANTH S/O. ANANT MAJUKAR, AGE. 36 YEARS, OCC. R/O. H.NO.333/B, GANAPATHY GALLI, MAJAGAON, TQ. AND DIST. BELAGAVI-590 001. … APPELLANT (BY SRI. PRASHANT MATHAPATI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY KAKATI P.S., REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH DHARWAD. 2. NAGAPPA S/O. BASAPPA KODLI, AGE. 33 YEARS, OCC. NIL, R/O. GANEKOPPA, TQ. BAILHONGAL, DIST. BELAGAVI-591 102. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; R2-SERVED) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14A(2) OF SC/ST ACT, PRAYING TO SET ASIDE THE ORDER PASSED BY THE LEARNED III ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI IN CRL. MISC. NO.680 OF 2025 BY ITS ORDER DATED:22-07-2025 AND GRANT ANTICIPATORY BAIL TO THE APPELLANT/ACCUSED NO. 5 IN SPL. CASE NO.283 OF 2025 IN KAKATI P.S. CRIME NO.0053 OF 2025 REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTION 3[1][R], 3[2] [V-A] AND SECTION 3[2] [V] OF SCHEDULED CASTES AND SCHEDULED TRIBES [PREVENTION OF ATROCITIES] ACT AND SECTION 109, SECTION 118[2], SECTION 126[2], SECTION 132, SECTION 352, SECTION 49 AND SECTION 3 [5] OF BHARATIYA NYAYA SANHITA, DIRECT THE RESPONDENT POLICE TO RELEASE THE APPELLANT ON BAIL IN THE EVENT OF ARREST, IN THE INTEREST OF JUSTICE AND EQUITY. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10688 CRL.A No. 100475 of 2025 THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.5 is before this Court in this appeal filed under Section 14A(2) of SC/ST(POA) Act, 1989 with a prayer to set-aside the order dated 22.07.2025 passed in Crl.Misc.No.680 of 2025, by the Court of III Addl. District and Sessions Judge, Belagavi and grant anticipatory bail to him in Crime No.53 of 2025 registered by Kakati Police Station, Belagavi District, for offences punishable under Sections 3(1)(r) & 3(2)(v-a) of SC/ST (POA) Act, 1989 and Sections 109, 118(2), 126(2), 132, 352 & 49 R/w 3(5) of BNS 2023. 2. Heard the learned counsel for the appellants and learned HCGP for response No.1. Respondent No.2 who is served in the matter has remained unrepresented before this Court. 3. FIR in Crime No.53 of 2025 was registered by Kakati Police Station, Belagavi District, for the aforesaid offences against Chetan Patil and others, based on the first - 3 - HC-KAR NC: 2025:KHC-D:10688 CRL.A No. 100475 of 2025 information dated 10.3.2025 received from Sri Nagappa Basappa Kodli, who is the injured victim in the present case. During the course of investigation, some of the accused were arrested in the present case. It appears that in the remand application of the said accused, appellant herein was named as accused no.5 and therefore apprehending arrest in the case, he had filed Crl.Misc.No.680 of 2025 before the trial Court which was rejected on 22.07.2024. It is under these circumstances, he is before this Court. 4. Perusal of the material on the Court would go to show that, in the first information submitted by the injured victim, he has stated that he is working as a Secretary in Ambevadi Grama Panchayat and he belongs to Schedule Caste. The accused persons who belong to upper caste knowing well that victim belongs to scheduled caste, for the reason that victim had not helped them for carrying out necessary corrections in the revenue records of their house properties, allegedly had abused and assaulted him on 10.03.2025. Undisputedly appellant's name is not found in the FIR. In the alleged incident in question, victim has suffered two injuries - 4 - HC-KAR NC: 2025:KHC-D:10688 CRL.A No. 100475 of 2025 and the wound certificate of the victim would go to show that both the injuries are certified as simple injuries and the victim has suffered injury as a result of assault made by accused Nos.1 to 4. In the charge sheet, it is alleged that when the appellant tried to assault victim, the victim had managed to escape the blow. Accused Nos.1 and 2, as against whom there are allegations of abusing and assaulting the injured, have been granted anticipatory bail by the Jurisdictional Sessions Court in Criminal Misc.No.204 of 2025 disposed of on 22.04.2025. 5. It appears that the two injuries which were suffered by the victim are as a result of assault made by accused Nos.3 and 4 with iron rods. Accused Nos.3 and 4, who were arrested in the present case are said to have been enlarged on regular bail. It is submitted by the learned counsel for the appellant that, the appellant has no other criminal antecedent. Considering the nature of allegations found against the appellant, who is a stranger to the victim girl, the bar under Section 18 of the Act cannot be made applicable to the present case, as against the petitioner. Under the circumstances, I am - 5 - HC-KAR NC: 2025:KHC-D:10688 CRL.A No. 100475 of 2025 of the opinion that his prayer for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following: ORDER Criminal Appeal is allowed. The impugned order dated 22.07.2025 passed in Crl.Misc.No.680 of 2025, by the Court of III Addl. District and Sessions Judge, Belagavi, is set-aside. The respondent – Police or any other Police in the State of Karnataka are directed to release the appellant in the event of his arrest in Crime No.53 of 2025 registered by Kakati Police Station, Belagavi District, for offences punishable under Sections 3(1)(r) & 3(2)(v-a) of SC/ST (POA) Act, 1989 and Sections 109, 118(2), 126(2), 132, 352 & 49 R/w 3(5) of BNS 2023, subject to the following conditions: i. The appellant shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of the investigating officer. ii. The appellant shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. - 6 - HC-KAR NC: 2025:KHC-D:10688 CRL.A No. 100475 of 2025 iii. The appellant shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon. iv. The appellant shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE NMS, KGK CT:BCK LIST NO.: 1 SL NO.: 8