- 1 - HC-KAR NC: 2025:KHC-D:10597 CRL.A No. 100469 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL APPEAL NO. 100469 OF 2025 (U/S 14 A(2) OF SC AND ST ACT) BETWEEN: 1. MR. SHIVAKUMAR S/O HANAMAPPA MUDLAPUR, AGE. 31 YEARS, OCC. AGRICULTURE, R/O. KAVALAKERI VILLAGE-583 231, TQ. KUKANOOR, DIST. KOPPAL. 2. MR. ERANNA S/O HANAMAPPA MUDLAPUR, AGE. 28 YEARS, OCC. AGRICULTURE, R/O. KAVALAKERI VILLAGE-583 231, TQ. KUKANOOR, DIST. KOPPAL. 3. MR. ERANNA @ VEERANNA S/O SHIVANNA ARAKERI, AGE. 24 YEARS, OCC. AGRICULTURE, R/O. KAVALAKERI VILLAGE, TQ. KUKANOOR, DIST. KOPPAL. … APPELLANTS (BY SRI. N.D. GUNDE, ADVOCATE) RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10597 CRL.A No. 100469 of 2025 AND: 1. STATE OF KARNATAKA, BY KUKANOOR POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580 001. 2. SRI. IRAPPA S/O HANAMAPPA, AGE. 49 YEARS, OCC. LABOURER, R/O. KAVALAKERI VILLAGE, TQ. KUKANOOR, DIST. KOPPAL. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. M.A. PATHAN, ADVOCATE FOR R2) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14 A(2) OF SC AND ST (POA) ACT, PRAYING TO SET ASIDE THE ORDER DATED 28/07/2025 PASSED BY PRL. DISTRICT AND SESSIONS JUDGE, KOPPAL IN SPL. C. SC/ST NO.10/2025 AND GRANT BAIL TO THE APPELLANT IN CRIME NO.53/2025 REGISTERED WITH KUKANOOR PS FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 352, 353(1)(C), 3(5) OF BNS AND SECTION 3(1)(R), 3(1)(V) OF SC/ST ACT, 1989, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:10597 CRL.A No. 100469 of 2025 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Learned Counsel Sri M.A. Pathan, has filed vakalath on behalf of respondent No.2. The same is taken on record. 2. Accused nos.1, 3 and 11 are before this Court in this appeal filed under Section 14A(2) of SC/ST(POA) Act, 1989 with a prayer to set-aside the order dated 28.07.2025 passed in Spl.C.SC/ST No.10 of 2025, pending before the Court of Principal District and Session Judge, Koppal District and grant bail to them in Crime No.53 of 2025 registered by Kuknoor Police Station, Koppal District, for offences punishable under Sections 3(1)(r), 3(1)(v) of SC/ST (POA) Act, 1989 and Sections 352 & 353(1)(c) R/w 3(5) of BNS 2023. 3. Heard the learned counsel appearing for the parties. 4. FIR in Crime No.53 of 2025 was registered by Kuknoor Police Station, Koppal District, initially for offences punishable under Section 3(1)(r), 3(1)(v) of SC/ST (POA) Act and Sections 190, 352 and 353 of BNS, 2023 against 11 persons and appellants herein are arrayed as accused nos. 1, 3 - 4 - HC-KAR NC: 2025:KHC-D:10597 CRL.A No. 100469 of 2025 and 11 in the FIR. During the course of investigation appellants herein were arrested on 07.05.2025. After completing investigation, charge sheet has been filed against appellants herein and insofar as the other accused who were named in the FIR they have been dropped in the charge sheet. Bail application filed by the appellants before the jurisdictional Sessions Court in Spl.C. SC/ST No.10 of 2025 was rejected on 28.07.2025 Therefore, they are before this Court. 5. Allegation in the first information is that on 05.05.2025, accused named the FIR allegedly had abused the first informant and his friends referring to their caste and on 06.05.2025 the first informant and his friends had found that the accused had garlanded the photo of Dr. B.R. Ambedkar, which was installed near the bus stand at Kavalakery Village in Kuknoor Taluk with chappal. 6. According to the first informant, the accused persons, who had fought with him and his friends, had committed the alleged crime by putting the chappal garland on the play card of Dr. B.R. Ambedkar. It is under these circumstances, FIR was initially registered against 11 persons - 5 - HC-KAR NC: 2025:KHC-D:10597 CRL.A No. 100469 of 2025 and after completion of investigation charge sheet has been filed against the appellants here. It is not in dispute that appellants have no other criminal antecedents. Maximum punishment for the alleged offences is imprisonment for a period of five years. Appellants are in custody for the last more than three months. Investigation of the case is completed and charge is filed. Under these circumstances, I am of the opinion that the prayer made by the appellants for grant of regular bail requires to be answered affirmatively. 7. Accordingly, the following ORDER Criminal Appeal is allowed. The impugned order dated 28.07.2025 passed by the Court of Principal District & Sessions Judge, Koppal in Spl.C.SC/ST No.10 of 2025 is set-aside. The appellants are directed to be enlarged on bail in Crime No.53 of 2025 registered by Kuknoor Police Station, Koppal District, for offences punishable under Sections 3(1)(r), 3(1)(v) of SC/ST (POA) Act, 1989 and Sections 352 & - 6 - HC-KAR NC: 2025:KHC-D:10597 CRL.A No. 100469 of 2025 353(1)(c) R/w 3(5) of BNS 2023, subject to the following conditions: i. The appellants shall execute personal bond for a sum of Rs.1,00,000/- (one lakh only) each with two sureties for the likesum to the satisfaction of the jurisdictional Court; ii. The appellants shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; iii. The appellants shall not directly or indirectly threaten or tamper with the prosecution witnesses; iv. The appellants shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE NMS CT:BCK LIST NO.: 1 SL NO.: 8