- 1 - NC: 2025:KHC-D:3782 CRL.A No. 100091 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL APPEAL NO. 100091 OF 2025 (U/S 14 A(2) of SC & ST ACT) BETWEEN: 1. SHYAMID SAB S/O. HUSEN SAB AGE. 42 YEARS, OCC. COOLIE, R/O. WARD NO.10, SHARNABASAVESHWARA NAGARA, GANGAVATHI, TQ. GANGAVATHI, DIST. KOPPAL-583227. 2. JAFAR SAB S/O. HONNUR SAB AGE. 24 YEARS, OCC. BUSINESS, R/O. WARD NO.10, SHARNABASAVESHWARA NAGARA, GANGAVATHI, TQ. GANGAVATHI, DIST. KOPPAL-583227. 3. MAHEBOOB S/O. HUSEN BASHA AGE. 19 YEARS, OCC. BUSINESS, R/O. WARD NO.10, SHARNABASAVESHWARA CAMP, ASHRAYA COLONY, TQ. GANGAVATHI, DIST. KOPPAL-583227. 4. MAHEBOOD @ BUDDA S/O. KHASIM SAB AGE. 20 YEARS, OCC. BUSINESS, R/O. WARD NO.10, SHARNABASAVESHWARA CAMP, ASHRAYA COLONY, TQ. GANGAVATHI, DIST. KOPPAL-583227. 5. LAXSHMANA S/O. MADDANEPPA AGE. 24 YEARS, OCC. BUSINESS, R/O. WARD NO.10, SHARNABASAVESHWARA CAMP, ASHRAYA COLONY, TQ. GANGAVATHI, DIST. KOPPAL-583227. 6. KANAKARAYA S/O. MADDANEPPA AGE. 27 YEARS, OCC. BUSINESS, R/O. WARD NO.10, SHARNABASAVESHWARA CAMP, ASHRAYA COLONY, TQ. GANGAVATHI, DIST. KOPPAL-583227. …APPELLANTS (BY SRI. B.C.JNANAYYA SWAMI, ADVOCATE) Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.25 18:00:12 +0530 - 2 - NC: 2025:KHC-D:3782 CRL.A No. 100091 of 2025 AND: 1. THE STATE OF KARNATAKA (THROUGH GANGAVATHI RURAL P.S.), REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH AT DHARWAD-580011. 2. ANJANEYA S/O. DURAGAPPA BHOVI AGE. 29 YEARS, OCC. AGRICULTURIST, R/O. GONAL VILLAGE, TQ. GANGAVATHI, DIST. KOPPAL-583231. 3. SHANA W/O. ANJANEYYA BHOVI AGE. 23 YEARS, OCC. AGRICULTURIST, R/O. GONAL VILLAGE, TQ. GANGAVATHI, DIST. KOPPAL-583231. 4. HANUMANTAPPA S/O. DURAGAPPA BHOVI AGE. 45 YEARS, OCC. AGRICULTURIST, R/O. GONAL VILLAGE, TQ. GANGAVATHI, DIST. KOPPAL-583231. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1; NOTICE TO R2 TO R4 ARE SERVED) THIS CRIMINAL APPEAL IS FILED U/SEC. 14A(2) OF SC/ST ACT, SEEKING TO, ALLOW THIS APPEAL AND SET-ASIDE THE ORDER DATED 05.02.2025 PASSED BY ADDL. DISTRICT AND SESSIONS JUDGE KOPPAL SITTING AT GANGAVATHI IN CRIMINAL MISC NO.21/2025 AND ENLARGE THE APPELLANTS ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO. 20/2025 REGISTERED BY GANGAVTHI RURAL POLICE STATION, FOR THE OFFENCES U/SEC. 189(2), 191(2), 352, 351(2) 74, 115(2), 190, OF BNS 2023 AND SEC. 3(1)(r), 3(1)(s), 3(2)(va) OF SC AND ST ACT 1989. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR - 3 - NC: 2025:KHC-D:3782 CRL.A No. 100091 of 2025 ORAL JUDGMENT 1. The appellants/accused who are facing trial for the offences punishable under Sections 189(2), 191(2), 352, 351(2) 74, 115(2), 190, of Bharatiya Nyaya Sanhita (BNS) 2023 and Sections 3(1)(r), 3(1)(s), 3(2)(va) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, are before this Court seeking anticipatory bail. 2. The FIR was registered stating that while the complainant and his elder brother were cultivating the land with the help of a tractor, and after completing their work, as they were taking their tractor onto the road, the appellant/accused No.1, Shamidsab, approached from the opposite direction in his auto. The elder brother of the complainant gestured for the auto driver to stop so that they could move their tractor forward. In response, the auto driver, Shamidsab, became enraged, picked a quarrel with them, abused them in filthy language, and assaulted them. When his wife, Sahana, came to pacify the situation, all the accused persons arrived, assaulted and kicked the complainant, and abused him by referring to his caste; additionally, Accused Jafar and Budda dragged his wife by the hand and saree. However, one Hanumesh and others then came and pacified the incident. 3. Heard the learned counsel for the appellants and the learned Additional Government Advocate for respondent No.1 (State). 4. The appellants have annexed a copy of the FIR dated 20.01.2025, registered in Crime No.20/2025 against the - 4 - NC: 2025:KHC-D:3782 CRL.A No. 100091 of 2025 complainant and his family members for offences punishable under Sections 189(2), 191(2), 352, 351(2), 74, 115(2), and 190 of BNS 2023, and Sections 3(1)(r), 3(1)(s), and 3(2)(va) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Case and counter-case have been filed in relation to the same incident. The appellants and the complainant reside in different villages and are not known to each other. Therefore, whether the allegation that the appellants abused the complainant by referring to his caste raises a doubt is a matter that requires investigation. 5. In such circumstances, appellants/Accused Nos.1 to 6 have made out a prima facie case for the grant of anticipatory bail. Accordingly, I proceed to pass the following: ORDER a. The appeal is allowed. b. The appellants/accused Nos.1 to 6 are enlarged on anticipatory bail, in the event of their arrest, in Crime No.20/2023, registered by Gangavathi Rural Police Station, for the offences punishable under Sections 189(2), 191(2), 352, 351(2) 74, 115(2), 190, of BNS 2023 and Sections 3(1)(r), 3(1)(s), 3(2)(va) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocity) Act, subject to following conditions: i. Appellants/accused Nos.1 to 6 shall furnish personal bond for a sum of Rs.50,000/- each with one surety for the likesum to the satisfaction of the jurisdictional Court. - 5 - NC: 2025:KHC-D:3782 CRL.A No. 100091 of 2025 ii. They shall appear before the Investigating officer within a period of 15 days and execute bail bond and offer surety. iii. They shall make themselves available for the purpose of investigation as and when required and he shall co- operate with the investigation. iv. They shall furnish their residential address proof and shall inform the investigating officer/Court, if there is any change in the address. v. They shall mark their attendance at the jurisdictional Police station once in 15 days till filing of the charge sheet. vi. They shall not tamper with the prosecution witnesses either directly or indirectly. vii. They shall be regular in attending the Court proceedings. Sd/- (HEMANT CHANDANGOUDAR) JUDGE AC CT:VH List No.: 1 Sl No.: 12