- 1 - HC-KAR NC: 2025:KHC-D:17997 CRL.A No. 100687 of 2025 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 11TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL APPEAL NO.100687 OF 2025 (U/S 14 A(2) of SC and ST ACT) BETWEEN: 1. SOMALING SON OF BASAPPA KALADAGI, AGED 28 YEARS, RESIDENT AT: NO.406, BASAVESHWAR ASHRAYA NAGAR, BAILHONGAL, DISTRICT. BELAGAVI-591102. 2. UMESH @ VIJAY SON OF BASAPPA KALADAGI, AGED 33 YEARS, RESIDENT AT: NO.406, BASAVESHWARA ASHRAYA NAGAR, BAILHONGAL, DISTRICT. BELAGAVI-591102. …APPELLANTS (BY SRI. PRASAD J.JOSHI, ADVOCATE FOR SRI. RAVIRAJ C.PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH BAILHONGAL P.S. BELAGAVI, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, DHARWAD. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:17997 CRL.A No. 100687 of 2025 2. NEELAWWA TIMMANNAVAR W/O. IRAPPA TIMMANNAVAR, AGED ABOUT 48 YEARS, OCC. BUSINESS, RESIDENT AT: ASHRAYA NAGAR, BAILHONGAL, DISTRICT. BELAGAVI-591102. …RESPONDENTS (BY SRI. JAIRAM SIDDI, HCGP FOR R1; SRI. R.H. ANGADI, ADVOCATE FOR R2) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14(A)(2) OF SC/ST (POA) ACT, 1989, PRAYING TO, THAT ORDER DATED 14/07/2025 PASSED IN CRL. MISC.691/2025 BY THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI DISMISSING THE APPLICATION FOR BAIL FILED BY THE APPELLANTS BE SET ASIDE AND APPELLANTS HEREIN WHO ARE ACCUSED NO.04 AND 05 IN SPL. C.32/2025 IN CRIME NO.230/2024 BAILHONGAL P.S. FOR THE OFFENCE PUNISHABLE UNDER SECTION 189[2], SECTION 191[2], 352 SECTION 191[3], SECTION 103[2], SECTION 126[2], SECTION 115[2], SECTION 353, SECTION 351[2], SECTION 190 OF BHARATIYA NYAYA SANHITA AND OFFENCE UNDER SECTION 3[1] [R], SECTION 3[1][S], SECTION 3[2] [V] AND SECTION 3[2][V-A] OF SCHEDULE CASTE AND SCHEDULED TRIBE [PREVENTION OF ATROCITIES] AMENDMENT ACT, 2015 BE RELEASED ON BAIL AND ETC.,. THIS CRIMINAL APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:17997 CRL.A No. 100687 of 2025 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The appellants are before this Court seeking for grant of regular bail in Crime No.230/2024 of respondent No.1-police for the offences under Sections 189(2), 191(2), 352, 191(3), 103(2), 126(2), 115(2), 353, 351(2) and 190 of the Bharatiya Nyaya Sanhita, 2023 and Sections 3(1)(r), 3(1)(s), 3(2)(v) and 3(2)(v-a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015. Brief facts of the case: 2. The case of the prosecution is that, the complainant being the mother of the deceased has lodged a complaint stating that on 03.11.2024 her son namely Ravi had quarrelled with Manoj Patil, who is arrayed as accused No.7. On the same day at about 10:15 pm she had been to call her son Ravi to have dinner. However, she had noticed that there was a quarrel taken place near Kannada School. It is alleged that, all the 13 accused persons were having sickle, jambe and bear bottles in their hands and were - 4 - HC-KAR NC: 2025:KHC-D:17997 CRL.A No. 100687 of 2025 assaulting her son Ravi indiscriminately. Further, it is stated that accused No.1-Govind Kaladagi has assaulted Ravi with sickle and accused No.2-Bhimappa Kaladagi assaulted with Jambe on all over the body of the said Ravi and consequently, her son Ravi died due to the said injuries. A complaint came to be registered by her against 13 accused. 3. The respondent No.1-Police registered the case and after conducting investigation, submitted charge sheet. 4. Heard Sri.Shriprasad J.Joshi , learned counsel for the appellants, Sri.Jairam Siddi, learned High Court Government Pleader for respondent No.1-State and Sri.R.H.Angadi, learned counsel for respondent No.2. 5. It is the submission of the learned counsel for the appellants that the appellants are arrayed as accused No.4 and 5. On reading of the averments of the complaint, it appears that, no overt act is contributed against them. They have been falsely implicated in this case. As per the averments of complaint, only two persons have assaulted - 5 - HC-KAR NC: 2025:KHC-D:17997 CRL.A No. 100687 of 2025 indiscriminately and killed the deceased. The appellants are the only earning members of their respective families. They are aged about 28 and 33 years respectively. They will abide the conditions that may be imposed by this Court in the event they are released on bail. Making such submissions, he prays to allow the petition. 6. Per contra, Sri.R.H.Angadi, learned counsel for respondent No.2-complainant vehemently submitted that, the averments of the complaint would indicate that the appellants were having deadly weapons in their hands and they are the part of unlawful assemble and all the accused persons in furtherance with a common objective to commit murder of the deceased, assaulted indiscriminately and killed the deceased. The appellants are the residents of the same village. There may be chances of threatening the prosecution witnesses and chances to remove over the witnesses. Further, it is submitted that there are several eyewitnesses coming from the same village. Therefore, it is - 6 - HC-KAR NC: 2025:KHC-D:17997 CRL.A No. 100687 of 2025 not appropriate at this stage to grant them bail. Making such submissions, he prays to reject the bail. 7. Similarly, Sri.Jairam Siddi, learned High Court Government Pleader for respondent No.1-State vehemently submitted and adopted the arguments advanced by the learned counsel for respondent No.2 and prays to dismiss the appeal. 8. Having heard the learned counsel for the respective parties and also on perusal of the averments of the charge sheet it would indicate that the appellants are arrayed as accused No.4 and 5. The averments of the charge sheet would indicate that accused No.1-Govind Kaladagi and accused No.2-Bhimappa Kaladagi had assaulted with deadly weapons and killed the deceased. However, the allegations against the present appellants are that, they were the part of the team wherein accused No.1 and 2 have killed the deceased. - 7 - HC-KAR NC: 2025:KHC-D:17997 CRL.A No. 100687 of 2025 9. Having considered the facts and circumstances of the case, without adverting to the merits of the case, it is appropriate to grant them bail by imposing suitable conditions. Those conditions would take care of the apprehension of the prosecution. 10. Hence, I proceed to pass the following: ORDER (i) The appeal is allowed. (ii) The appellants are ordered to be enlarged on bail in Crime No.230/2024 of respondent No.1-police for the offences under Sections 189(2), 191(2), 352, 191(3), 103(2), 126(2), 115(2), 353, 351(2) and 190 of the Bharatiya Nyaya Sanhita, 2023 and Sections 3(1)(r), 3(1)(s), 3(2)(v) and 3(2)(v- a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015, on executing personal bonds in a sum of - 8 - HC-KAR NC: 2025:KHC-D:17997 CRL.A No. 100687 of 2025 Rs.2,00,000/- with two sureties for the likesum to the satisfaction of the Trial Court. (iii) The appellants shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (iv) The appellants shall appear before the Trial Court on all hearing dates without fail. (v) The appellants shall not commit any offence either of similar nature or of different nature until disposal of the case. In case, if the appellants violate any of the bail conditions as stated above, liberty is reserved to the prosecution/complainant to file necessary application for cancellation of bail and in case if the appellants either trying to meet the witnesses or influence them in any manner, - 9 - HC-KAR NC: 2025:KHC-D:17997 CRL.A No. 100687 of 2025 liberty is reserved to the prosecution/complainant to file necessary application for cancellation of bail on that ground. Sd/- (S.RACHAIAH) JUDGE RH/CT: UMD List No.: 1 Sl No.: 18