- 1 - NC: 2025:KHC-D:5713 CRL.A No. 100137 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF MARCH 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL APPEAL NO. 100137 OF 2025 BETWEEN: PARASHURAM S/O. NAGRAJ UPPAR, AGE: 19 YEARS, OCC: BUSINESS, R/AT: HOSAGABBUR, 2ND CROSS, NEAR RENUKACHARYA TEMPLE , HUBBALLI, DIST: DHARWAD – 580 020. …APPELLANT (BY SRI. GOURI SHANKAR MOT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BENDIGERI POLICE STATION, HUBBALLI, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA , DHARWAD BENCH, DHARWAD. 2. MANOHAR S/O. MALLESHAPPA CHAKALABBI, AGE: MAJOR, R/AT: HOSAGABBUR, 2ND CROSS, NEAR RENUKACHARYA TEMPLE, HUBBALLI, DIST: DHARWAD – 580 020. …RESPONDENTS (BY SRI. ABHISHEK MALIPATIL, HCGP FOR R1; SRI G.D.PATIL, ADVOCATE FOR R2) THIS CRIMINAL APPEAL IS FILED U/S 14 A(2) OF SC AND ST (POA) ACT 1989, PRAYING TO ALLOW THE APPEAL AND SETTING ASIDE THE ORDER DATED 18.02.2025 AS ATTACHED IN BENDIGERI POLICE STATION CRIME NO.06/2025 PENDING ON THE FILE COURT OF II ADDL.DISTRICT AND SESSIONS JUDGE AT DHARWAD FOR THE OFFENCES PUNISHABLE U/S 61(2)(a), 115(2), 118(1), 109, 352, 351(2), 351(3), 190 OF BHARATIYA NYAYA SANHITA, 2023 AND U/S 3(1)(r)(s), 3(2)(v) OF SC AND ST (POA) ACT, 1989 AND TO Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:5713 CRL.A No. 100137 of 2025 ENLARGE THE APPELLANT/ACCUSED NO.3 ON BAIL, IN THE INTEREST OF JUSTICE. THIS CRIMINAL APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This appeal is filed by accused No.3 praying to set aside the order dated 18.02.2025 passed in Bendigeri Police Station Crime No.6/2025 by the learned II Additional District and Sessions Judge, Dharwad, whereunder the bail application of the appellant/accused No.3 sought in respect of Crime No.6/2025 of Bendigeri Police Station registered for the offences punishable under Sections 61(2)(a), 115(2), 118(1), 109, 352, 351(2), 351(3) and 190 of the Bharatiya Nyaya Sanhita, 2023 and Sections 3(1)(r)(s) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as ‘the SC & ST Act, for short) came to be rejected. - 3 - NC: 2025:KHC-D:5713 CRL.A No. 100137 of 2025 2. Heard the learned counsel for the appellant, the learned High Court Government Pleader for respondent No.1/State and the learned counsel for respondent No.2. 3. The case of the prosecution is that, on 10.01.2025 at about 10:45pm near Hosagabbur Government School, when the complainant’s son was riding his motorcycle, accused Nos.1 and 2 instigated accused No.3 and his associates/accused Nos.4 to 9 with intent to commit his murder. It is further alleged that accused threw chili powder on the complainant’s son and this appellant/accused No.3 assaulted the son of the complainant with knife on his stomach and other parts of the body and caused grievous injuries. 4. Learned counsel for the appellant would contend that accused Nos.1, 2 and 4 have been granted bail by this Court and accused Nos.5 to 9 have been granted bail by the trial Court. This appellant/accused No.3 is placed similarly to that of the accused who have been granted bail and therefore, the appellant is entitled - 4 - NC: 2025:KHC-D:5713 CRL.A No. 100137 of 2025 for grant of bail on the ground of parity. He further submits that the injured has been discharged from the hospital and as charge-sheet is filed, the appellant is not required for custodial interrogation. Without considering these aspects, the learned Special Judge has erred in rejecting the bail application of the appellant/accused No.3. With these, he prayed to allow the appeal. 5. Learned counsel for respondent No.2 and the learned High Court Government would contend that, the appellant/accused No.3 has assaulted the son of the complainant and caused grievous injuries. The complainant has stated before the trial Court in his objections that, if this appellant/accused No.3 is granted bail, there is threat of life to the complainant and other prosecution witnesses. They contend that, considering all these aspects, the learned Special Judge has rightly rejected the bail application of the appellant. With this, they prayed for dismissal of the appeal. - 5 - NC: 2025:KHC-D:5713 CRL.A No. 100137 of 2025 6. Having heard the learned counsel, the Court has perused the impugned order and the charge-sheet records. 7. The overt act alleged against the appellant is that, he assaulted the son of the complainant with knife on his stomach and other parts of the body. The accusation against accused No.4 is that, he assaulted the son of the complainant with iron rod and caused injuries. Accused No.4 has been granted bail by this Court in Criminal Appeal No.100087/2025 decided on 25.02.2025. The appellant/accused No.3 is placed similarly to that of accused No.4 who has been granted bail. There is allegation of accused persons obstructing the Police Officials at the time of their arrest and out of them Mahadev Hiragannavar-accused No.6 has obstructed the Police Officials and tried to press their neck and a case has been registered against him and other accused. There is no such allegation against the appellant/accused No.3. The injured has been discharged from the hospital. As - 6 - NC: 2025:KHC-D:5713 CRL.A No. 100137 of 2025 charge-sheet filed, the appellant is not required for custodial interrogation. 8. The apprehension of the prosecution is that, if the appellant is granted bail, there is threat to the complainant and other prosecution witnesses, can be met by imposing stringent conditions. The appellant has made out grounds for setting aside the impugned order and grant of bail. 9. In the result, the following ORDER The appeal is allowed. The impugned order dated 18.02.2025 passed in Bendigeri Police Station Crime No.6/2025 by the learned II Additional District and Sessions Judge, Dharwad, is set aside. The appellant/accused No.3 is granted bail subject to the following conditions: i. The appellant/accused No.3 shall execute a personal bond for a sum of Rs.1,00,000/- - 7 - NC: 2025:KHC-D:5713 CRL.A No. 100137 of 2025 (Rupees one lakh only) with one surety for the likesum to the satisfaction of the trial Court. ii. The appellant/accused No.3 shall not threaten the prosecution witnesses. iii. The appellant/accused No.3 shall not get involved in commission of similar offences. iv. The appellant/accused No.3 shall appear before the trial Court on all the dates of hearing unless exempted and cooperate in speedy trial. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE Kmv CT-ASC