- 1 - HC-KAR NC: 2025:KHC-D:10675 CRL.A No. 100358 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. 100358 OF 2025 (U/S 14 A(2) OF SC AND ST ACT) BETWEEN: 1. SHRI GANGAPPA S/O. BASAVANEPPA HUGGI, AGE. 24 YEARS, OCC. AGRICULTURE, R/O. 1725 MOOGI GALLI, BAILHONGAL, TQ. BAILHONGAL, DIST. BELAGAVI. 2. SHRI CHANDRASHEKHAR @ CHANDRU @ CHANDYA S/O. BASAPPA @ BASAVRAJ ASUNDI, AGE. 20 YEARS, OCC. AGRICULTURE, R/O. SHATAGAR GALLI, BAILHONGAL, TQ. BAILHONGAL, DIST. BELAGAVI. … APPELLANTS (BY SMT. NAGARATHNA S. PATTAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH PSI BAILHONGAL POLICE STATION, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT, BENCH DHARWAD. 2. SMT. NEELAWWA IRAPPA TIMMANNAVAR, AGE. 48 YEARS, OCC. BUSINESS, R/O. AHARAYA NAGAR, BAILHONGAL, TQ. BAILHONGAL, DIST. BELAGAVI. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. V.M. BANAKAR, ADVOCATE FOR R2) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14(A)(2) OF SC/ST ACT, PRAYS THAT BY ALLOWING THIS APPEAL THE APPELLANT/ACCUSED NO.11 AND 13 MAY BE RELEASED ON BAIL, IN BAILHONGAL P.S. CRIME NO.230/2024 (SPL. CASE NO.32/2025) FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 191(2), 191(3), 126(2), 103(2), 115(2), 352, 351(2), R/W 190 OF BNS 2023 AND UNDER SECTIONS 3(1)(R), 3(1)(S), 3(2)(V), 3(2)(VA) OF SC/ST (PREVENTION OF ATROCITIES) 1989, AMENDMENT ACT, 2015, PENDING ON THE FILE OF III ADDITIONAL DISTRICT AND SESSIONS JUDGE BELAGAVI, IN THE INTEREST OF JUSTICE. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10675 CRL.A No. 100358 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) Accused Nos.11 and 13 in Special Case No.32 of 2025 pending before the Court of III Additional District and Sessions Judge and Special Judge, Belagavi, arising out of Crime No.230 of 2024 registered by Bailahongal Police Station, Belagavi District for offences punishable under Sections 189(2), 191(2), 191(3), 103(2), 126(2), 115(2), 352, 351(2) read with Section 190 of BNS, 2023 and Sections 3(1)(r), 3(1)(s), 3(2)(v), 3(2)(va) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, are before this Court in this appeal filed under Section 14(A)(2) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.230 of 2024 was registered by Bailahongal Police Station for the aforesaid offences against Govind and 12 others based on the first information dated 04.11.2024 received from Neelavva, who is the mother of - 3 - HC-KAR NC: 2025:KHC-D:10675 CRL.A No. 100358 of 2025 deceased Ravi. During the course of investigation, appellants herein, who were arrayed as accused Nos.11 and 13 in the FIR were arrested on 07.12.2024 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against 13 accused. Out of which three are said to be juvenile accused. Appellants herein are arrayed as accused Nos.11 and 13 in the charge sheet. Their bail application filed before the Trial Court in Criminal Miscellaneous No.269 of 2025 was rejected on 22.03.2025. Therefore, they are before this Court. 4. Learned counsel for the appellants having reiterated the grounds urged in the appeal memorandum submits that appellants are youngsters having no criminal antecedents. They are the sole bread winner of the family. They are agricultural coolies by avocation. No specific overt acts are found against appellants either in the first information or in the charge sheet which is now filed. Accordingly, she prays to allow the appeal. 5. Per contra, learned HCGP and learned counsel for respondent No.2 have opposed the appeal. They submit that CW12 to CW16 are the eyewitnesses to the incident in question - 4 - HC-KAR NC: 2025:KHC-D:10675 CRL.A No. 100358 of 2025 and they have spoken about the presence of all the accused at the spot of crime. There is allegation against all the accused of involving in assaulting the deceased. Appellants hail from the very same village and in the event they are enlarged on bail, they are likely to tamper with the material charge sheet witnesses. Accordingly, they pray to dismiss the appeal. 6. Perusal of the material on record would go to show that there was an ill-will between deceased Ravi and accused No.4 Somaning and they had earlier fought against each other. On 03.11.2024 at about 04:00 p.m., accused No.7 and Ravi had quarrelled with each other. On the same day at about 10:15 p.m., the accused persons who came armed with weapons allegedly abused Ravi and assaulted him with weapons which they had in their hand and as a result, he had died. 7. In the first information, allegation of assaulting Ravi with a dragger is found against accused No.2. The other accused persons allegedly had kicked Ravi and also assaulted him with beer bottles. All the accused persons named in the FIR were arrested during the course of investigation and after - 5 - HC-KAR NC: 2025:KHC-D:10675 CRL.A No. 100358 of 2025 completing investigation, charge sheet has been filed against them. Allegation of assaulting deceased Ravi with deadly weapons on the alleged date of incident is found in the charge sheet as against accused Nos.1, 2, 3 and accused No.12, who is said to be a juvenile. So far as the other accused are concerned, allegation against them is that when Ravi tried to escape from the spot of crime, they allegedly threw bottles towards him. There is no such statement made by any one of the eyewitnesses that as a result of the other accused throwing bottles towards Ravi he had suffered any injuries. 8. The allegation of throwing bottles towards Ravi when he tried to escape from the spot of crime is found as against all accused, except the aforesaid four accused who allegedly had assaulted Ravi with dead weapons. Allegation of throwing bottles made against all the other accused appears to be general and omnibus in nature. Undisputedly, appellants herein who are arrayed as accused nos.11 and 13 do not have any other criminal antecedents. They are aged about 24 years and 20 years respectively and they are said to be agriculturist coolies and sole bread winners of their family. The - 6 - HC-KAR NC: 2025:KHC-D:10675 CRL.A No. 100358 of 2025 apprehension expressed by the learned HCGP for respondent No.1 and learned counsel for respondent no.2 can be taken care by imposing appropriate conditions on the appellants. 9. Accordingly, the following :- ORDER Criminal Appeal is allowed. The appellants are directed to be enlarged on bail in Special Case No.32 of 2025 pending before the Court of III Additional District and Sessions Judge and Special Judge, Belagavi, arising out of Crime No.230 of 2024 registered by Bailhongal Police Station, Belagavi District for offences punishable under Sections 189(2), 191(2), 191(3), 103(2), 126(2), 115(2), 352, 351(2) R/w 190 of BNS, 2023 and Sections 3(1)(r), 3(1)(s), 3(2)(v), 3(2)(va) of Scheduled Caste and Scheduled Tribes (POA) Act, 1989 & Amendment Act, 2015, subject to the following conditions: i. The appellants shall execute personal bond for a sum of Rs.1,00,000/- (one lakh only) each with two sureties for the like sum to the satisfaction of the jurisdictional Court; - 7 - HC-KAR NC: 2025:KHC-D:10675 CRL.A No. 100358 of 2025 ii. The appellants shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; iii. The appellants shall not directly or indirectly threaten or tamper with the prosecution witnesses; iv. The appellants shall not involve in similar offences in future. v. The appellants shall not enter Bailhongal Town nor shall they make any attempt to contact charge sheet witnesses or the relatives of deceased either directly or indirectly, till the case registered against them is disposed of. Sd/- (S.VISHWAJITH SHETTY) JUDGE RSH, NMS CT:BCK LIST NO.: 1 SL NO.: 5