- 1 - NC: 2025:KHC-D:3459 CRL.A No. 100092 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL APPEAL NO.100092 OF 2025 (U/S 14 A(2) of SC and ST ACT) BETWEEN: GURU @ GURUPAD S/O. HIRE PAMAPPA PAMANNA, AGE. 24 YEARS, OCC. COOLIE, R/O 18TH WARD, NEAR VEERABHADRA TEMPLE, GANDHI NAGAR, GANGAVATHI, TQ. GANGAVATHI, DIST. KOPPAL-583231. …APPELLANT (BY SRI. B.C.JNANAYYA SWAMI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, (THROUGH GANGAVAHI RURAL P.S), REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH AT DHARWAD -590001. 2. SRI. SIDDAPPA S/O. MARTHANDAPPA AGE. 27 YEARS, OCC. MASON, R/O. WARD NO.1, SANGAPUR, TQ. GANGAVATHI, DIST. KOPPAL-583231. …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA FO R1) (NOTICE TO R2 IS SERVED) THIS CRIMINAL APPEAL IS FILED U/S 14 A(2) OF SC AND ST ACT, PRAYING TO, ALLOW THIS APPEAL AND SET-ASIDE THE ORDER DATED 28.01.2025 PASSED BY ADDL.DISTRICT AND SESSIONS JUDGE KOPPAL SITTING AT GANGAVATHI IN CRL. MISC.NO.15/2025 AND ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.298/2024 REGISTERED BY GANGAVATHI RURAL POLICE STATION FOR THE OFFENCES U/S 189(2), 191(2), 126(2), 115(2), 118(1), 109, 190, OF BNS 2023 AND SECTION 3(1)(r), 3(1)(s), 3(2)(v-a) OF SC AND ST ACT 1989, PENDING INVESTIGATION AND TRIAL OF THE CASE, IN SO FAR AS APPELLANT/ACCUSED NO.3 IS CONCERNED. B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.21 11:38:53 +0530 - 2 - NC: 2025:KHC-D:3459 CRL.A No. 100092 of 2025 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL JUDGMENT 1. This appeal is filed by accused No. 3 under Section 14A(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, seeking anticipatory bail. 2. A First Information Report (FIR) has been registered for offences punishable under Sections 189(2), 191(2), 126(2), 115(2), 118(1), and 109 read with Section 190 of the Bharatiya Nyaya Sanhita, 2023, and Sections 3(1)(r), 3(1)(s), and 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. The prosecution alleges that on 28.12.2024, at about 9:00 p.m., the brother of the informant and his friend were at Gangavathi Bus Stand to drop off their relatives in the auto of one Mehaboob. Thereafter, at about 11:00 p.m., the auto driver, Mehaboob, informed the informant over the phone that the accused persons were assaulting his brother near Spoorthi College at Sainagar. On receiving the information, the informant and his friend proceeded to the spot and observed that his brother, Siddappa, had sustained bleeding injuries on his face and head. On inquiry, it was learned that the accused had arrived at the scene in a white car and on four motorcycles, intercepted the auto, and engaged in a quarrel with Siddappa due to previous enmity. It is further alleged that accused No. 1 assaulted the informant’s brother on the face and head with a beer bottle with an intention to commit his murder, while accused No. 2 assaulted him with his hands and attempted to stab - 3 - NC: 2025:KHC-D:3459 CRL.A No. 100092 of 2025 him in the stomach with a knife, and another accused assaulted him with his hands and snatched his mobile phone. 3. Heard the learned counsel for the appellants and the learned Additional Government Advocate for the respondent No. 1 (State). 4. The allegation of assaulting the informant’s brother on the face and head with a beer bottle is directed against accused No. 1, and the allegation against accused No. 2 is that he assaulted the informant’s brother with his hands. The injured party, after receiving treatment, has been discharged from the hospital. The articles used in the commission of the crime have been seized, and no specific allegation has been made against the appellant, accused No. 3. The appellant is not required to undergo further custodial interrogation. 5. In view of the foregoing, the appellant has made out a prima facie case for anticipatory bail. ORDER i) Criminal Appeal is allowed. The order dated 28.01.2025 passed in Crl. Misc. No.15/2025 by the Additional District & Sessions Judge, Koppal, Sitting at Gangavathi, dismissing the anticipatory bail application of the appellant/accused No.3 is set aside. ii) The appellant/accused No.3 shall be enlarged on bail in the event of his arrest in Crime No.298/2024, registered by the - 4 - NC: 2025:KHC-D:3459 CRL.A No. 100092 of 2025 Gangavathi Rural Police Station, Gangavathi Sub-Division, Koppal, subject to the following conditions: (a) Appellant/accused No.3 shall furnish a personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Investigating Officer. (b) He shall appear before the Investigating Officer within a period of 15 days and execute bail bond and offer surety. (c) He shall make himself available for the purpose of investigation as and when required and eh shall co- operate with the investigation. (d) He shall furnish his residential address proof and shall inform the Investigating Officer/Court if there is any change in the address. (e) He shall mark his attendance at the jurisdiction Police station once in 15 days till filing of the charge sheet. (f) He shall not tamper with the prosecution witnesses either directly or indirectly. (g) He shall be regular in attending the Court proceedings. Pending I.As., if any, do not survive for consideration and are disposed of accordingly. Sd/- (HEMANT CHANDANGOUDAR) JUDGE KMS Ct:vh