- 1 - HC-KAR NC: 2025:KHC-D:11227 CRL.A No. 100526 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 2ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL APPEAL NO. 100526 OF 2025 (U/S 14 A(2) of SC and ST ACT) BETWEEN: RAJU S/O KRISHNAPPA KORAVAR AGE: 35 YEARS, OCC: BUSINESS, R/O WARD NO. 21, KORAWAR ONI, HAVERI, TQ. HAVERI, DIST: HAVERI-581110. …APPELLANT (BY SRI. M.L. VANTI, ADVOCATE) AND: 1. STATE OF KARNATAKA BY PSI, HAVERI TOWN POLICE STATION, HAVERI, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA – DHARWAD BENCH-580001. 2. SURESH S/O ASHOK BANGALORE, AGE: 43 YEARS, OCC: SWEEPER, RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11227 CRL.A No. 100526 of 2025 R/O AMBEDKARNAGAR, TQ. HAVERI, DIST: HAVERI, HAVERI-581110. 3. RAJU S/O YALLAPPA DODDAMANI, AGE: 33 YEARS, OCC: SWEEPER, R/O AMBEDKAR CIRCLE, HAVERI, TQ.DIST.HAVERI-581110 …RESPONDENTS (SMT. KIRTILATA R. PATIL, HCGP FOR RESPONDENT NO.1, R-2 SERVED.) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14 A(2) OF SC AND ST (POA) ACT 1989, PRAYING TO ALLOW THE APPEAL AND SET ASIDE THE ORDER IN CRL.MISC.459/2025 DATED 18.07.2025 PASSED BY I ST ADDL.DISTRICT AND SESSIONS JUDGE AND SPECIAL JUDGE, HAVERI AND DIRECT THE RESPONDENT NO.1 POLICE TO RELEASE THE PETITIONER/ACCUSED NO.10 ON BAIL IN EVENT OF HIS ARREST TOWN-IN HAVERI TOWN POLICE STATION CRIME NO.104/2025 REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 191(2), 191(3), 109, 132, 115(2), 118(1), 351 (3) AND 352 R/W SECTION 190 OF BNS 2023 AND SECTION 3(1)(r) AND 3(2) (va) OF SC/ST (POA) ACT PENDING ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE AND SPECIAL JUDGE, HAVERI. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:11227 CRL.A No. 100526 of 2025 ORAL JUDGMENT (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) Accused No.10 in Crime No.104 of 2025 registered by Haveri Town Police Station, Haveri for the offences punishable under Sections 189(2), 191(2), 191(3), 109, 132, 115(2), 118(1), 351(3), and 352 read with Section 190 of BNS 2023 and Sections 3(1)(r) and 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 is before this Court under Section 14A(2) of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 seeking anticipatory bail. 2. Heard learned counsel for the appellant and the learned HCGP for respondent No.1. Respondent Nos.2 and 3, who are served in the matter, have remained unrepresented before this Court. 3. FIR in Crime No.104/2025 was registered by Haveri Town Police Station, Haveri for the aforesaid - 4 - HC-KAR NC: 2025:KHC-D:11227 CRL.A No. 100526 of 2025 offences against Akshata K.C. and others based on the first information dated 07.06.2025 received from Suresh Bangalore. 4. Apprehending arrest in the said case, appellant herein who is arrayed as accused No.1 in the FIR had filed Criminal Miscellaneous No.459/2025 before the Jurisdictional Sessions Court, which was rejected on 18.07.2025. Therefore, he is before this Court. 5. Perusal of the material on record would go to show that FIR in Crime No.104/2025 was registered by Haveri Police Station, Haveri, for the aforesaid offences against Akshata K.C. and nine others based on the first information dated 07.06.2025 received from Suresh Bangalore. On 05.06.2025 at about 10 a.m., when Pourakarmikas working in Haveri Town Municipality had gone to remove a banner relating to the birthday of accused no.2, Accused no.1 Akshatha allegedly had abused Rangappa Herakal, who was a paurakarmika referring to his - 5 - HC-KAR NC: 2025:KHC-D:11227 CRL.A No. 100526 of 2025 caste and also assaulted him. In respect of the alleged incident, FIR in Crime No.103 of 2025 was registered against Akshatha K.C. and others. Therefore, the accused in Crime No.103 of 2025 had vengeance against the Pourakarmikas of Haveri Town Municipality and on 07.06.2025, when the Pourakarmikas were near a Bar and restaurant, accused nos.1 and 2 along with others came there and after abusing first informant Suresh referring to his caste, allegedly assaulted another Paurakarmika by name Raju Dodmani with a cricket bat and broken beer bottle and caused grievous injuries to him. Allegation of assaulting Raju Dodmani with a broken beer bottle is found against accused no.2 and accused nos.3, 4, 11 and 13 allegedly had assaulted Raju Dodmani with bat on his body and other accused persons. Allegation of abusing the victims in Crime No.104 of 2025 referring to their caste is specifically alleged against accused nos.5 and 6. There is no specific allegations insofar as the petitioner herein. Accused nos.1 to 4 and 11 to 14 have been granted regular bail by - 6 - HC-KAR NC: 2025:KHC-D:11227 CRL.A No. 100526 of 2025 this Court in Criminal Appeal No.100458 of 2025 c/w Criminal Appeal No.100477 of 2025. 6. Since there is no allegation which would prima facie attract the offences punishable under Sections 3(1)(r) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, the bar under Section 18 of the Act cannot be invoked against him. It is brought to the notice of this Court that the appellant also belongs to Scheduled Caste. Considering the aforesaid aspects of the matter and the nature of allegations found as against the appellant, I am of the opinion that appellant’s prayer for grant of anticipatory bail is required to be answered affirmatively. Accordingly, the following order: 7. The appeal is allowed. The order dated 18.07.2025 passed by the Court of I Addl. District & Sessions Judge & Spl. Judge, Haveri, in Crl. Misc. No.459/2025, is set aside. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime - 7 - HC-KAR NC: 2025:KHC-D:11227 CRL.A No. 100526 of 2025 No.104 of 2025 registered by Haveri Town Police Station, Haveri for the offences punishable under Sections 189(2), 191(2), 191(3), 109, 132, 115(2), 118(1), 351(3), and 352 read with Section 190 of BNS 2023 and Sections 3(1)(r) and 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, subject to the following conditions: 1. The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon. - 8 - HC-KAR NC: 2025:KHC-D:11227 CRL.A No. 100526 of 2025 4. The petitioner shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK/VMB/KK CT:GSM List No.: 1 Sl No.: 14