- 1 - HC-KAR NC: 2025:KHC-D:16321 CRL.A No. 100677 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 25TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL APPEAL NO.100677 OF 2025 (U/S 14 A(2) of SC and ST ACT) BETWEEN: 1. GIDDA @ ABDULGAFFAR S/O. DADAPEER DHARWAD, AGE. 19 YEARS, OCC. COOLIE, R/O. SADASHIVA NAGAR, OLD HUBBALLI, HUBBALLI-580024. 2. BABBU SOHEB @ ABDULSAMAD S/O. ISMAIL KOPPAL, AGE. 25 YEARS, OCC. COOLIE, R/O. NARANGI CHAWL, TORAVIHAKKAL, HUBBALLI-580024. 3. KHAZA S/O. KASHIMSAB DHARWAD, AGE. 20 YEARS, OCC. COOLIE, R/O. TORAVIHAKKAL, HUBBALLI-580024. 4. SHANAWAZ @ SHANU S/O. MEHABOOBSAB DHARWAD, AGE. 20 YEARS, OCC. COOLIE, R/O. TORAVIHAKKAL, HUBBALLI-580024. 5. SOHIB AHMED S/O. NISARAHMED NAYAKWADI, AGE. 20 YEARS, OCC. COOLIE. R/O. TORAVIHAKKAL, HUBBALLI-580024. 6. JAVED @ MOHAMMED JAVID S/O. MOHAMMED JAFFER THELI, AGE. 20 YEARS, OCC. STUDENT, R/O. TORAVIHAKKAL, HUBBALLI-580024. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:16321 CRL.A No. 100677 of 2025 7. SOHIL @ MALIKREHAN S/O. AKRAM HUKKERI, AGE. 22 YEARS, OCC. COOLIE, R/O. TORAVIHAKKAL, HUBBALLI-580024. 8. SHABAZ @ SADIQ S/O. JAFARSAB TELI, AGE. 21 YEARS, OCC. CARPENTER, R/O. TORAVIHAKKAL, HUBBALLI-580024. …APPELLANTS (BY SRI. K.M. SHIRALLI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY VIDYANAGAR HUBBALLI POLICE, THROUGH ASSISTANT COMMISSIONER OF POLICE, NORTH SUB-DIVISION HUBBALLI, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENCH DHARWAD. 2. PRAJWAL S/O. KRISHNA BOJAGAR, AGE. 23 YEARS, OCC. PRIVATE WORK, R/O. KHARADI ONI, NEAR JAGALUR MARRIAGE HALL, TORVIHAKKAL, HUBBALLI-580024. 3. PRASHANT S/O. KRISHNA BOJAGAR, OCC. DOING APPRENTICE TRAINING K.S.R.T.C. WORK SHOP, KARADI ONI, NEAR JAGALUR MARRIAGE HALL, TORVIHAKKAL, HUBBALLI-580024. …RESPONDENTS (BY SRI. JAIRAM SIDDI, HCGP FOR R1) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14A(2) OF SC/ST (POA) ACT, 1989, PRAYING TO, SET ASIDE THE ORDERS PASSED BY THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD AND SPECIAL COURT OF TRIAL OF THE OFFENCES UNDER THE P.O.C.S.O ACT AND S.C AND S.T. (P.O.A) ACT DATED 14/10/2025 AND PLEASED TO RELEASE THESE APPELLANTS/ACCUSED NO.1 TO 8 ON BAIL IN VIDYANAGAR P.S CRIME NO.133/2025 AGAINST THESE ACCUSED AND OTHERS FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 189(2), 191(2), 191(3), 137(2), 109, 115(2), 118(1), 352 R/W 190 OF BNS 2023 AND UNDER SECTIONS 3(1)(R) , 3(1)(S), 3(2)(V) OF SC/ST AND PREVENTION OF ATROCITIES ACT 1989, PENDING ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD AND SPECIAL COURT OF TRIAL OF THE OFFENCES UNDER THE P.O.C.S.O ACT AND S.C AND S.T. (P.O.A) ACT AND ETC.,. - 3 - HC-KAR NC: 2025:KHC-D:16321 CRL.A No. 100677 of 2025 THIS CRIMINAL APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The appellant Nos.1 to 8 are arrayed as accused Nos.1 to 8, are before this Court seeking for grant of regular bail in Crime No.133/2025 of respondent No.1/Police for the offence punishable under Sections 189(2), 191(2), 191(3), 137(2), 109, 115(2), 118(1), 352 and 190 of the Bharatiya Nyaya Sanhita, 20231 and Sections 3(1)(r), 3(1)(s) and 3(2)(V)) of the SC and ST (Prevention of Atrocities) Act, 19892. Brief facts of the case: 2. The case of the prosecution is that on 25.09.2025 at about 2:00 PM, the complainant had received a phone call from one Rihan stating that some of the persons were assaulting his younger brother-Prashant near 1 For short ‘BNS, 2023’ 2 For short ‘SC and ST Act’ - 4 - HC-KAR NC: 2025:KHC-D:16321 CRL.A No. 100677 of 2025 Toravihakkal. Immediately, the complainant called Prithviraj. The said Prithviraj informed him that he has brought Prashant to his house. Thereafter, the said Prithviraj, Prajwal and Prashant had been to Unkal Lake for photo shoot. At that time, all the accused persons came there by saying that they wanted to talk with Prashant and took both of them on their two wheelers by abusing them in a filthy language. 3. It is further stated that the accused with an intention to commit the murder of the said three persons, pulled them down and kicked them with their legs, fisted them and threatened them to commit the murder of said persons. Both Prashant and Prajwal had sustained injuries. Blood was oozing from the injury of Prashant. The complainant, immediately, rushed to the spot and took the Prashant to KIMS Hospital, Hubballi and got him admitted. Later, he discussed with elders and lodged a complaint. The respondent/Police registered a case and the investigation is under progress. - 5 - HC-KAR NC: 2025:KHC-D:16321 CRL.A No. 100677 of 2025 4. Heard Sri.K.M.Shiralli, learned counsel for the appellants and Sri.Jairam Siddi, learned High Court Government Pleader for respondent No.1/State. 5. It is the submission of the learned counsel for the appellants that, the appellants are innocent of the alleged offences. The quarrel took place on petty issues. None of the eye-witnesses have spoken about the insult allegedly committed by the appellants by naming the caste of the injured. 6. It is further submitted that the injuries stated to be sustained by the injured are, simple in nature. The appellants are aged between 19 to 25 years. They are the earning members of their respective families. The appellants will abide the conditions imposed by this Court in the event of their release on bail. Making such submissions, he prays to allow the appeal. 7. Per contra, the learned High Court Government Pleader for respondent No.1/State vehemently submitted that, the appellants with an intention to assault the victim - 6 - HC-KAR NC: 2025:KHC-D:16321 CRL.A No. 100677 of 2025 and others, threatened them and took the injured on their two wheeler and assaulted and caused injuries. 8. It is further submitted that the offences of which the petitioners have committed are punishable under Section 109 of BNS, 2023 and it is a serious offence. Therefore, it is not appropriate to grant them bail. Making such submissions, he prays to reject the petition. 9. Having heard learned counsel for the respective parties and also on perusal of the averments of the complaint, it appears from the record that, the complainant is the brother of the victim. It is stated that, the appellants with an intention to assault the Prashant, who is the brother of the complainant, took him on the motorcycle and caused grievous injuries. 10. Be that as it may, the submission of the learned High Court Government Pleader is that, the injuries caused to the injured are simple in nature. Having considered the nature of injuries and facts and circumstances of the case, it is appropriate to grant bail as prayed for. - 7 - HC-KAR NC: 2025:KHC-D:16321 CRL.A No. 100677 of 2025 11. Hence, I proceed to pass the following: ORDER (i) The appeal is allowed. (ii) The appellants are ordered to be enlarged on bail in Crime No.133/2025 of respondent No.1/Police on executing personal bond for a sum of Rs.1,00,000/- each with one surety each for the likesum to the satisfaction of the Trial Court subject to following conditions; (a) The appellants shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (b) The appellants shall appear before the Trial Court on all hearing dates without fail. (c) The appellants shall co-operate with the investigation till filing of the charge-sheet. - 8 - HC-KAR NC: 2025:KHC-D:16321 CRL.A No. 100677 of 2025 (d) The appellants shall not leave the jurisdiction till disposal of the case. In case, if the appellants violate any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE PJ/CT: UMD List No.: 1 Sl No.: 2