- 1 - HC-KAR NC: 2025:KHC-D:11367 CRL.A No. 100527 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 4TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL APPEAL NO. 100527 OF 2025 (U/S 14 A(2) of SC and ST ACT-) BETWEEN: SHRI LADAJI @ LADAKHAN MEERASAB JAMADAR AGE: 48 YEARS, OCC: CONTRACTOR, R/O. NEAR JUMMA MASJID, NAGARMUNNOLLI-591222, TQ: CHIKKODI, DIST: BELAGAVI. …APPELLANT (BY SRI VIDYASAGAR PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA DHARWAD BENCH THROUGH CHIKKODI POLICE STATION 2. SHRI. AVINASH MAHESH MOGALE AGE: 23 YEARS, OCC: JCB DRIVER, R/O. NEAR AMBEDKAR CIRCLE, NAGARMUNNOLLI-591222, TAL: CHIKKODI, DIST: BELAGAVI. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R-1, R-2 SERVICE HELD SUFFICIENT) THIS CRIMINAL APPEAL IS FILED U/S 14 A(2) OF SC AND ST (PREVENTION OF ATROCITIES) ACT 1989, R/W SECTION 483 OF BNSS (U/S 439 OF CR.P.C.), PRAYING TO ALLOWED BY SETTING ASIDE THE ORDER IN CRIMINAL MISC NO. 616/2025 DATED 02.07.2025 AND APPELLANT/A-1 MAY KINDLY BE RELEASED ON BAIL IN CHIKKODI PS CRIME NO.36/2025 (SPL CASE NO.267/2025) FOR OFFENCE PUNISHABLE U/S 115(2), 118(1), 352, 351(3) R/W SEC 3(5) OF BNS- 2023 AND SECTION 3(1)(r), 3(1)(s), 3(2), (Va) OF SC ST (PREVENTION OF ATROCITIES) ACT 2015 WHICH IS PENDING BEFORE III ADD DISTRICT AND SESSIONS JUDGE BELAGAVI AT BELAGAVI. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11367 CRL.A No. 100527 of 2025 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: ORAL OJUDGMENT (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused No.1 in Special Case No.267 of 2025 pending before the Court of III Additional District and Sessions Judge and Special Judge, Belagavi arising out of Crime No.36 of 2025 registered by Chikkodi Police Station, Belagavi for offences punishable under Sections 115(2), 118(1), 352, 351(3) read with Section 3(5) of BNS, 2023 and Section 3(1)(r), 3(1)(s), 3(2)(v- a) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, is before this Court in this appeal filed under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, seeking regular bail. 2. Heard the learned counsel for the parties. 3. Petitioner has been charge sheeted for the aforesaid offences by the Chikkodi Police Station, Belagavi District. During the course of investigation, in the present case, petitioner was arrested on 11.03.2025 and subsequently remanded to judicial custody. His bail application filed before the Trial Court in - 3 - HC-KAR NC: 2025:KHC-D:11367 CRL.A No. 100527 of 2025 Criminal Miscellaneous No.616 of 2025 was rejected on 02.07.2025. Therefore, he is before this Court. 4. Perusal of the allegations found in the first information as well as in the charge sheet would go to show that accused Nos.1 and 2 had fought with the first informant on 04.03.2025 at about 19:00 hours. Subsequently, on the same day, at about 21:00 hours, the accused had gone near the house of first informant and had abused him using filthy language. When the mother of first informant came out of the house, accused persons allegedly also abused her referring to her caste and asked her to send her son out of the house. When the mother of the first informant refused to call her son out of her house, accused No.1 allegedly assaulted her with a stone on her face and accused No.2 allegedly kicked her with his leg and accused No.3 abused her referring to her caste. In the alleged incident, mother of the first informant has suffered only simple injury. Undisputedly, appellant, who is arrayed as accused No.1 in the present case has no other criminal antecedent. He is in custody in the present case for the last nearly six months. Under the circumstances, I am of the opinion that his prayer for grant - 4 - HC-KAR NC: 2025:KHC-D:11367 CRL.A No. 100527 of 2025 of regular bail needs to be answered affirmatively. Accordingly, the following: ORDER Criminal Appeal is allowed. The order dated 02.07.2025 passed by the Court in Special Case No.267 of 2025 pending before the Court of III Additional District and Sessions Judge and Special Judge, Belagavi, rejecting the regular bail application of accused No.1 – appellant is set aside and the accused No.1 – appellant is directed to be enlarged on bail in Special Case No.267 of 2025 pending before the Court of III Additional District and Sessions Judge and Special Judge, Belagavi arising out of Crime No.36 of 2025 registered by Chikkodi Police Station, Belagavi for offences punishable under Sections 115(2), 118(1), 352, 351(3) read with Section 3(5) of BNS, 2023 and Section 3(1)(r), 3(1)(s), 3(2)(v- a) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, subject to the following conditions: i. 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; - 5 - HC-KAR NC: 2025:KHC-D:11367 CRL.A No. 100527 of 2025 ii. The appellant shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; iii. The appellant shall not directly or indirectly threaten or tamper with the prosecution witnesses; iv. The appellant shall not involve in similar offences in future; v. 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 RSH / CT:GSM List No.: 1 Sl No.: 11