- 1 - NC: 2025:KHC-D:5650 CRL.A No. 100041 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.100041 OF 2025 BETWEEN: HEENA KOUSAR W/O. RAJESAB YELIGAR, AGE: 32 YEARS, OCC: HOUSEWIFE, R/O: GALAGALI, TQ: BILAGI, DIST: BAGALKOT, PIN – 587 117. …APPELLANT (BY SRI. RAKESH S. HATTIKATAGI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY BILAGI POLICE, REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH – 580 011. 2. SUJATA W/O. RAMESH KATTIMANI, AGE: 32 YEARS, OCC: PUBLIC SECTOR UNDERTAKING, R/O: GALAGALI, TQ: BILAGI, DIST: BAGALKOT, PIN – 587 117. …RESPONDENTS (BY SRI. ABHISHEK MALIPATIL, HCGP FOR R1; R2 - SERVED) THIS CRIMINAL APPEAL IS FILED U/S 14 A(2) OF SC AND ST ACT (PREVENTION OF ATROCITIES), ACT, PRAYING TO ALLOW THE APPEAL AND ORDER TO RELEASE THE APPELLANT ON BAIL IN BILAGI P.S.CR.NO.212/2024 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 305, 115(2), 352 OF BHARATIYA NYAYA SANHITA, 2023 AND SECTION 3(1)(r)(s) OF THE SC AND ST (PREVENTION OF ATROCITIES) AMENDMENT ACT, 2015 BY SETTING ASIDE THE ORDER DATED 07.01.2025 ON THE FILE OF II ADDITIONAL DISTRICT AND SESSIONS JUDGE, BAGALKOTE, IN YHE INTEREST OF JUSTICE AND EQUITY. Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:5650 CRL.A No. 100041 of 2025 THIS CRIMINAL APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT This appeal is filed by the sole appellant praying to set aside the order dated 07.01.2025 passed by the II Additional District and Sessions Judge, Bagalkote registered by the Bilagi Police Station in Crime No.212/2024, where under the bail application of the appellant filed for offences punishable under Sections 115(2), 305 and 352 of Bharatiya Nyaya Sanhita, 2023 [hereinafter referred to as ‘BNS’ for short] and Section 3(1)(r)(s) of the SC and ST (Prevention of Atrocities) Act, 2015 [hereinafter referred to as ‘SC and ST Act’ for short] came to be rejected. 2. Heard the learned counsel for the appellant- accused and the learned High Court Government Pleader for respondent No.1-State. Respondent No.2 is present and prays not to grant bail to the appellant. - 3 - NC: 2025:KHC-D:5650 CRL.A No. 100041 of 2025 3. The case of the prosecution is that, on 24.10.2024 at about 1:15 PM, the appellant-accused called the complainant’s daughter to play Ludo game and when they were playing Ludo game, the appellant-accused under the guise of attending first call of nature went to the complainant’s house and checked the treasury and stolen the cash of ₹1,11,500/- and Gold ring of 5 Gms worth ₹35,000/- and at that time, the complainant’s daughter came to her house and saw this accused carrying the cash in her bag and articles in the house were scattered. On the same day, at about 7:45 PM, when the complainant went to the house of the accused to ask about the alleged incident, the accused abused the complainant by taking her caste, slapped her and assaulted on her neck, and at that time, husband of the complainant tried to separate the accused and the accused assaulted him. The said complaint filed by the respondent No.2 has been registered in Crime No.212/2024 for the aforesaid offences. - 4 - NC: 2025:KHC-D:5650 CRL.A No. 100041 of 2025 4. The police after investigation have filed charge sheet for offences punishable under Sections 305, 115(2), 238, 352 of the BNS and Sections 3(1)(r)(s) and 3(2)(va) of the SC and ST Act. The appellant who is in judicial custody has filed bail application before the Special Court and same came to be rejected by the impugned order. The said order has been challenged in this appeal. 5. Learned counsel for the appellant would contend that there is no recovery of any cash and gold ring from the possession of appellant. There is delay of six days in filing first information. As charge sheet is filed, this appellant –accused is not required for custodial interrogation. The appellant –accused is having three years old daughter who is with the appellant –accused in custody. Without considering these aspects, the learned Special Judge has passed impugned order which requires interference by this Court. With these he prays to allow the appeal and grant of bail to the appellant –accused. - 5 - NC: 2025:KHC-D:5650 CRL.A No. 100041 of 2025 6. Learned High Court Government Pleader for respondent No.1 -State would contend that there is eye witness to the alleged theft i.e. daughter of the complainant (C.W.6) and there are other eye witnesses with regard to the incident of assault which taken place in the evening. Charge sheet materials show prima facie case against the appellant –accused for the offences alleged against her. With these, he prays for dismissal of the appeal. 7. Having heard learned counsels, this Court has perused the impugned order and other materials placed on record. 8. The appellant has been arrested on 20.12.2024 and she is in judicial custody. It is stated that appellant is having three years old daughter who is also with the appellant –accused in the custody. The offences alleged against the appellant are triable by Magistrate except Section 3 of the SC and ST Act. There is no recovery of theft articles from the possession of appellant –accused. - 6 - NC: 2025:KHC-D:5650 CRL.A No. 100041 of 2025 There is delay of six days in filing first information and there is no explanation in the complaint regarding the delay. As charge sheet is filed, this appellant –accused is not required for custodial interrogation. The appellant is lady having three years old daughter. Considering all these aspects, the appellant –accused has made out grounds for setting aside the impugned order and grant of bail. In the result, the following ORDER i) The appeal is allowed. ii) The impugned order dated 07.01.2025 passed in Crime No.212/2024 of Bilagi Police Station is set aside. iii) The bail application filed by the appellant – accused in respect of Crime No. 212/2024 of Bilagi Police Station is allowed and the - 7 - NC: 2025:KHC-D:5650 CRL.A No. 100041 of 2025 appellant –accused is granted bail subject to the following conditions: a) The appellant –accused shall execute a personal pbond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the Special Court. b) The appellant –accused shall not threaten the prosecution witnesses. c) The appellant –accused shall appear before the trial Court on all dates of hearing unless exempted and co-operate in speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE PJ, DSP/CT-ASC List No.: 1 Sl No.: 27