- 1 - HC-KAR NC: 2025:KHC-D:16126 CRL.A No. 100612 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 24TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL APPEAL NO.100612 OF 2025 (U/S 14 A(2) of SC and ST ACT) BETWEEN: MARUTI S/O. SIDDAPPA VADI, AGE. 45 YEARS, OCC. AGRICULTURE, R/O. KATKOL TQ. RAMDURG, DIST. BELAGAVI. …APPELLANT (BY SRI. ROHIT N.LATUR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, R/BY KERUR P.S., TQ./DIST. BAGALKOTE-587206, R/BY HCGP, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD. 2. SMT. RESHMA W/O. BAILAPPA MADAR, AGE. 41 YEARS, OCC. COOLIE, R/O. KADARKOPP, TQ. BADAMI, DIST. BAGALKOTE-587122. …RESPONDENTS (BY SRI. JAIRAM SIDDI, HCGP FOR R1; NOTICE TO R2 IS SERVED) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14 A(2) OF SC AND ST ACT 1989, R/W SECTION 483 OF BNSS, PRAYING TO, SET ASIDE THE ORDER DATED 21 AUGUST 2025 PASSED BY THE IVTH ADDL. DISTRICT AND SESSIONS JUDGE, BAGALKOTE IN CRL MISC NO.362/2025 REJECTING THE BAIL APPLICATION FILED BY THE APPELLANT AND THE HON’BLE COURT MAY BE PLEASED TO RELEASE THE APPELLANT ACCUSED NO.2 ON BAIL IN RELATION TO KERUR P S CR NO.131/2022 PENDING ON THE FILE BEFORE THE IVTH ADDL. DISTRICT AND SESSIONS JUDGE, BAGALKOTE IN SPL. CASE 79/2025 FOR ALLEGED OFFENCES PUNISHABLE UNDER SECTION 302, 201, R/W 34 OF IPC AND UNDER SECTIONS 3(1)(R)(S), 3(2)(V) OF SC/ST PREVENTION OF ATROCITIES AMENDMENT ACT, 2015 AND ETC.,. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:16126 CRL.A No. 100612 of 2025 THIS CRIMINAL APPEAL, COMING ON FOR ORDERS, THIS DAY, ORDER WAS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The appellant is arraigned as accused No.2 in Crime No.131/2022 registered by respondent police for the offences punishable under Sections 302, 201, R/w 34 of IPC and Sections 3(1)(r)(s), 3(2)(v) of SC and ST prevention of Atrocities Amendment Act 2015. 2. The case of the prosecution is that the deceased was working in the field of accused No.1. Accused no. 1 was suspecting the deceased that he was having illicit relationship with his wife. Therefore, accused No.1 hatched a plan to commit the murder of the deceased. Therefore, he took the assistance of accused No.2. Thereafter, it is stated that they committed murder of the deceased and threw the dead body into the Ghataprabha river to disappear the evidence. - 3 - HC-KAR NC: 2025:KHC-D:16126 CRL.A No. 100612 of 2025 3. Based on the complaint, respondent police registered a case and conducted investigation and submitted the charge sheet. 4. The submission of the learned counsel for appellant is that, the appellant is arraigned as accused No.2. Earlier he was granted anticipatory bail. Due to some unavoidable circumstances, he could not appear before the respondent police to execute the said order. However, in the meantime, he was arrested in the year 2025 and now, he is in judicial custody. 5. It is further submitted that the entire case is based on circumstantial evidence. None of the witnesses have spoken about the presence of the present appellant. Therefore, he may be enlarged on bail by imposing suitable conditions, he would abide the conditions imposed by this Court in the event of his release on bail. Making such submission, he prays to allow the appeal. 6. Per contra, learned High Court Government Pleader for respondent State vehemently submitted that the appellant has misused the bail granted to him on earlier - 4 - HC-KAR NC: 2025:KHC-D:16126 CRL.A No. 100612 of 2025 occasion. If he is enlarged on bail, certainly, he would not appear before the trial Court. There may be chances of absconding or he may hamper the proceedings of the Court. Therefore, it is not appropriate to grant him bail is his contention. 7. Having heard the learned counsel for the respective parties and on perusal of the averments of the charge sheet, it appears from the record that the appellant is arraigned as accused no.2. The entire case is based on circumstantial evidence. Till today, it is stated that the dead body of the deceased has not been found or the Investigating Officer did not find the dead body in the said river. Having considered the facts and circumstances of the case, it is appropriate to grant him bail. Hence, I proceed to pass the following order. 8. Accordingly, I proceed to pass the following: ORDER (i) The Appeal is allowed. (ii) The appellant is ordered to be enlarged on bail in Crime No.131/2022 - 5 - HC-KAR NC: 2025:KHC-D:16126 CRL.A No. 100612 of 2025 registered by respondent police for the offences punishable under Sections 302, 201, R/w 34 of IPC and Sections 3(1)(r)(s), 3(2)(v) of SC and ST prevention of Atrocities Amendment Act 2015, on executing a personal bond for a sum of Rs.2,00,000/- with two sureties for the like sum to the satisfaction of the trial Court. (iii) The appellant shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (iv) The appellant shall mark his attendance before respondent police station once in 15 days especially on Saturday between 10.30 am to 2.00 pm. In case, any of these conditions violated, the liberty is reserved to the prosecution to file application for cancelation of the bail. Sd/- (S.RACHAIAH) JUDGE VMB/CT: UMD List No.: 1 Sl No.: 8