- 1 - HC-KAR NC: 2025:KHC-D:10689 CRL.A No. 100488 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. 100488 OF 2025 (U/S 14 A(2) OF SC AND ST ACT) BETWEEN: NIHAL AHAMAD S/O JAFARSAB MANNUR, AGE. 26 YEARS, OCC. COOLIE, R/O. NAGENDRANAMATTI, HAVERI, TQ. AND DIST. HAVERI-581 110. … APPELLANT (BY SRI. VIDYASHANKAR G. DALWAI, ADVOCATE) AND: 1. STATE OF KARNATAKA, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD THROUGH HAVERI TOWN POLICE STATION, HAVERI-581 110. 2. SHRI SURESH S/O ASHOK BANGALORE, AGE. 43 YEARS, OCC. SWEEPER, R/O. AMBEDKAR CIRCLE, HAVERI, TQ.AND DIST. HAVERI-581 110. 3. SHRI RAJU S/O YALLAPPA DODDAMANI, AGE. 33 YEARS, OCC. SWEEPER, R/O. AMBEDKAR CIRCLE, HAVERI, TQ. AND DIST. HAVERI-581 110. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; R2 & R3 – SERVED) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14A(2) OF SC/ST (POA) ACT 1989, PRAYING TO SET ASIDE THE DISMISSAL OF BAIL ORDER DATED 19.07.2025 IN CRIME NO.104/2025 PASSED BY THE I ADDL. DISTRICT AND SESSIONS JUDGE AND SPECIAL JUDGE HAVERI AND ENLARGE THE APPELLANT/ACCUSED NO.16 ON REGULAR BAIL IN CRIME NO.104/2025 OF HAVERI TOWN PS 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 (PREVENTION OF ATROCITIES) ACT. THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10689 CRL.A No. 100488 of 2025 ORAL JUDGMENT (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.16 in Crime No.104 of 2025 registered by Haveri Town Police Station, Haveri, for offences punishable under Sections 189(2), 191(2), 191(3), 109, 132, 115(2), 118(1), 351(3), 352 and 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 in this appeal filed under Section 14(A)(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, seeking regular bail. 2. Heard learned counsel for the appellant and 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 of 2025 was registered by Haveri Town Police Station, Haveri, for the aforesaid offences against Akashata K.C. and nine others based on the first information dated 07.06.2025 received from Suresh S/o. Ashok. During the course of investigation, appellant herein was arrested - 3 - HC-KAR NC: 2025:KHC-D:10689 CRL.A No. 100488 of 2025 and in the remand application, he was arrayed as accused No.16. His bail application filed before the Jurisdictional Sessions Court was rejected and therefore, he is before this Court in this appeal seeking regular bail. 4. Learned counsel for the appellant having reiterated the grounds urged in the appeal memorandum submits that, injured victim has been discharged from the hospital and his condition is stable. The appellant herein do not have any criminal antecedents and multiple criminal cases are registered against him by the first informant and his accomplices only with an intention to wreck vengeance against them having regard to the incident that had taken place on 05.06.2025. Investigation of the case is already completed and charge sheet has been filed. Appellant is working as daily wager and he is the only bread earner of his family. Accordingly, he prays to allow the appeal. 5. Per contra, learned HCGP has opposed the appeal. She submits that in addition to the present case, two other criminal cases are registered against the accused. Injured victim Raju Doddamani had suffered grievous injuries in the incident in question and he was admitted in a hospital for a considerable - 4 - HC-KAR NC: 2025:KHC-D:10689 CRL.A No. 100488 of 2025 period of time. In the event appellant is enlarged on bail, he may tamper with the charge witnesses. Accordingly, she prays to dismiss the appeal. 6. Perusal of the material made available to this Court would go to show that on 05.06.2025 at about 10:00 a.m., when the Pourakarmikas working in Haveri Town Municipality, on the orders of the Commissioner of the Municipality, went to remove a banner relating to the birthday of accused No.2-Shantappa Koravar, accused No.1-Akashata K.C. allegedly had abused Rangappa Herakal, one of the Pourakarmikas referring to his caste and had assaulted him causing simple injuries. In respect of the alleged incident that had taken place on 05.06.2025, First Information Report in Crime No.103/2025 was registered by Haveri Town Police Station, Haveri against Akashata K.C., Shantappa Koravar and four others for the offences punishable under Sections 189(2), 191(2), 191(3), 115(2), 118(1), 351(3) and 352 r/w Section 190 of BNS 2023. 7. The accused in Crime No.103/2025 therefore had a vengeance against the Pourakarmikas of Haveri Town municipality and on 07.06.2025 at about 10:15 a.m., when the - 5 - HC-KAR NC: 2025:KHC-D:10689 CRL.A No. 100488 of 2025 Pourakarmikas were near Venketeshwara Bar and Restaurant within the jurisdiction of Haveri Town Police Station, accused Nos.1 and 2 along with others came there and after abusing the first informant – Suresh referring to his caste, allegedly assaulted another Pourakarmika by name Raju Doddamani with a cricket bat and with a broken beer bottle and caused grievous injuries to him. 8. In respect of the alleged incident that had taken place on 07.06.2025, FIR in Crime No.104/2025 was registered for the aforesaid offences against Akashata, Shantappa Koravar and eight others. It appears that in the said case, the appellant herein was arrested and remanded to judicial custody. After completion of investigation, charge sheet has been now filed against 16 accused persons. Appellant herein is arraigned as accused No.16 in the charge sheet. It appears that Rangappa Herakal, was present at the spot of crime on 05.06.2025, when the accused persons named in Crime No.103/2025, had abused the Pourakarmikas and assaulted them causing simple injuries. Subsequently, he had committed suicide on 19.06.2025. His son Rakesh had reported to police on 23.06.2025, and based on his - 6 - HC-KAR NC: 2025:KHC-D:10689 CRL.A No. 100488 of 2025 first information, FIR in Crime No.113/2025 was registered against Akashata K.C. Shantappa Koravar and others, for the offences punishable under Sections 182(2), 191(2), 108, 351(3), 352 and 190 BNS, 2023 and Sections 3(1)(r), 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. Except the above said three cases, undisputedly, the accused in the present case do not have any other criminal antecedents. 9. Insofar as Crime No.104/2025 is concerned, allegation of assaulting injured victim Raju Doddamani with a broken beer bottle is only against accused No.2. Accused Nos.3, 4, 11 and 13 allegedly had assaulted Raju Doddamani with a bat on his body and other accused persons had assaulted him with their hands and legs. The grievous injuries suffered by the injured victim Raju Doddamani appears to be as a result of assault made by accused No.2, who is in custody from 08.06.2025. 10. Injured victim Raju Doddamani was shifted to a Government Hospital at Haveri, immediately after he was assaulted on 07.06.2025 by the aforesaid accused and - 7 - HC-KAR NC: 2025:KHC-D:10689 CRL.A No. 100488 of 2025 thereafter, he was shifted to KIMS Hospital, Hubli and he was admitted in the said hospital for a period of eight days. His discharge summary issued by KIMS Hospital, Hubli would go to show that as on the date of his discharge, his condition was stable and his discharge was normal. So far as the FIR registered in Crime No.113/2025 is concerned, as on the date of Rangappa committing suicide on 19.06.2025, the accused were all in custody. He has allegedly committed suicide on 19.06.2025 for the reason that he was abused with reference to his caste on 05.06.2025. Though Rangappa had committed suicide on 19.06.2025, First Information Report has been registered on 23.06.2025. 11. So far as the present case is concerned, investigation of the case is already completed and charge sheet has been filed. Injured victim has been discharged from hospital and his condition is stable. Except the aforesaid three cases, which revolve around the incident that had taken place on 05.06.2025, in which accused had abused and assaulted the Pourakarmikas for the reason that they attempted to remove the banner, the accused has no other criminal antecedents. - 8 - HC-KAR NC: 2025:KHC-D:10689 CRL.A No. 100488 of 2025 12. Under the circumstances, I am of the opinion that the prayer sought by the appellant needs to be answered in the affirmative. Accordingly, the following: ORDER i. Criminal Appeal is allowed. ii. The order dated 19.07.2025 passed by the I-Additional District and Sessions Judge and Special Judge, Haveri in Crime No.104 of 2025 registered by Haveri Town Police Station, Haveri, insofar as it relates to rejection of the regular bail application filed by the appellant herein is hereby set aside and the appellant is directed to be enlarged on bail, subject to the following conditions: a. The appellant shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of the jurisdictional Court; b. The appellant shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; c. The appellant shall not directly or indirectly threaten or tamper with the prosecution witnesses; - 9 - HC-KAR NC: 2025:KHC-D:10689 CRL.A No. 100488 of 2025 d. The appellant shall not involve in similar offences in future. e. The appellant shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP / CT:BCK LIST NO.: 1 SL NO.: 9