- 1 - NC: 2025:KHC-D:5651 CRL.A No. 100140 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.100140 OF 2025 BETWEEN: 1. SMT. JAYASHREE W/O. PRAHALAD HARIJAN @ HOSAMANI, AGE: 35 YEARS, OCC: HOUSE HOLD, R/O: GOTHE VILLAGE, HARIJAN COLONY, JAMAKHANDI, TQ: BAGALKOTE DIST – 587 101. 2. SURESH @ ABHISHEK S/O. PRAHALAD HOSAMANI, AGE: 19 YEARS, OCC: STUDENT, R/O: GOTHE VILLAGE, HARIJAN COLONY, JAMAKHANDI, TQ:BAGALKOTE, DIST: 587 101. …APPELLANTS (BY SRI. J. BASAVARAJ, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, (THROUGH SAVALGI P.S.), REPRESENTED BY ITS THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH AT DHARWAD – 580 011. 2. LAXMAN S/O. SURESH HOSAMANI, OCC: LABOURER, R/O: GOTHE VILLAGE, JAMAKHANDI, TQ: BAGALKOT, DIST – 587 101. …RESPONDENTS (BY SRI. ABHISHEK MALIPATIL, HCGP FOR R1; R2 - SERVED) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14A(2) OF SC/ST ACT & UNDER SECTION 439 CR.P.C., SEEKING TO ALLOW THIS APPEAL, SET ASIDE THE ORDER DATED 06.01.2025 PASSED IN Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:5651 CRL.A No. 100140 of 2025 SPL.C.NO. 122/2024 (IN CRIME NO. 103/2024 SAVALAGI P.S.) AND ENLARGE THE APPELLANTS/ACCUSED NO. 1 AND 2 ON BAIL PENDING ON THE FILE OF II ADDL. DISTRICT AND SESSIONS JUDGE AT BAGALKOTE, CHARGE SHEETED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 115(2), 103(1), 352, 351(2), READ WITH 3(5) OF BNSS AND 3(1)(r), 3(1)(s), 3(2)(V) OF SC/ST (POA) AMENDMENT ACT 2015, IN THE INTEREST OF JUSTICE AND EQUITY. 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 Nos.1 and 2 praying to set aside the order dated 06.01.2025 passed in Special Case No.122/2024 by the learned II Additional District and Sessions Judge, Bagalkote, whereunder the bail application of the appellants sought in respect of Crime No.103/2024 of Savalagi Police Station registered for the offences punishable under Sections 115(2), 103(1), 353, 351(2) read with Section 3(5) of Bharatiya Nayaya Sanhita, 2023 (hereinafter referred to as ‘BNS’, for short) and Sections 3(1)(r),(s) and 3(2) (v) of the Scheduled castes and Scheduled Tribes (Prevention of Atrocities) Act (hereinafter referred to as ‘the SC & ST Act’, for short) came to be rejected. - 3 - NC: 2025:KHC-D:5651 CRL.A No. 100140 of 2025 2. Heard the learned counsel for the appellants and the learned High Court Government Pleader for respondent No.1 -State. Inspite of service of notice, respondent No.2 remained absent and unrepresented. 3. The case of the prosecution as stated in para 17 of the charge sheet is that, deceased Prahalad was residing alone and his wife -accused No.1 and their son accused No.2 were residing separately, as Prahalad was addicted to alcohol and he used to suspect the fidelity of his wife- accused No.1 -Jayashree. Accused Nos.1 and 2 were residing along with other two children of accused No.2, separately, since one or two years in a rented house. Prahalad was residing alone in a old house in the town. The complainant is the brother of Prahalad and the Prahalad was upset with the fact of his wife and children residing separately and became more addicted to alcohol. The complainant thought of bringing the wife and children of the Prahalad and he had advised accused No.1- Jayashree, wife of the Prahalad, and there was no - 4 - NC: 2025:KHC-D:5651 CRL.A No. 100140 of 2025 settlement. That on 19.09.2024 at about 2:30 pm, the complainant, Prahalad and CW-6 together went to the house of accused No.1 and asked her to come along with her children and she refused to join her husband and sent them back. On the same day, at about 3:30 pm, the Prahalad, complainant and CW-6 again along with the elders in order to unite the Prahalad and accused and as such when they were talking together, at that time accused Nos.1 to 4 came and accused No.2 threatened the Prahalad to kill him and held his shirt and assaulted him with hands and other accused abused him in filthy language. All the accused together assaulted the Prahalad on his chest and stomach by hands and made him to fall on the ground and kicked him. They pressed his neck with an intention to kill him and when the complainant went to rescue him, at that time, accused Nos.2 and 3 abused him in filthy language and assaulted him with hands. At that time, CWs.6 to 8 rescued Prahalad and accused persons gave threat to them. Thereafter, Prahalad was taken to the hospital and he died on the same day at 5:30 pm. - 5 - NC: 2025:KHC-D:5651 CRL.A No. 100140 of 2025 Charge-sheet has been filed against appellants and accused Nos.3 and 4 for the aforesaid offences. The appellants are in judicial custody and they filed bail application and the same came to be rejected by the impugned order. The said order has been challenged by the appellants in this appeal. 4. Learned counsel for the appellants would contend that, the alleged incident has taken place in a sudden quarrel, there was no intention on the part of the accused to kill the deceased, there is no preparation and no weapon has been used to assault the deceased and the allegation is of assault by hands and legs. He further submits that cause of death, as noted in opinion given by the Doctor, who conducted postmortem examination over the dead body of the deceased, is ‘cerebral hemorrhage’. What caused cerebral hemorrhage has not been stated by the Doctor. Only 3 injures are noted in the postmortem report and out of them, two are contusions one on chest and the other on breast and there was swelling and - 6 - NC: 2025:KHC-D:5651 CRL.A No. 100140 of 2025 abrasion on parietal region. No specific overt act is alleged against each of the accused. Therefore, at this stage, it cannot be said who assaulted the deceased on what part of his body. Appellants are wife and son of the deceased and therefore, offences punishable under Section 3 of the SC and ST Act are not attracted. Accused Nos.3 and 4 have been granted bail by this Court in Crl.A.No.100036/2025 by judgment dated 05.03.2025 and these appellant are placed similar of that accused Nos.3 and 4 and entitled grant of bail on the ground of parity. As charge sheet is filed these appellants –accused Nos.1 and 2 are not required for custodial interrogation. Without considering these aspects, the learned Special Judge has rejected the bail application of appellants –accused Nos.1 and 2. With these he prays to allow the appeal and grant of bail to the appellants –accused Nos.1 and 2. 5. Learned High Court Government Pleader for respondent No.1 -State would contend that the appellants –accused Nos.1 and 2 have assaulted the deceased with - 7 - NC: 2025:KHC-D:5651 CRL.A No. 100140 of 2025 hands and legs. CW.6 to 8 are the witnesses to the alleged incident who has stated specifically the assault on the deceased with hands and legs. The Doctor who has conducted examination on the dead body of the deceased has noted three injuries on the deceased and opined that the death is due to ‘cerebral hemorrhage’. The charge sheet shows prima facie case against the accused for the offences alleged against them. If the appellants are granted bail, there is a threat to the prosecution witnesses. With these, he prayed for dismissal of the appeal. 6. Having heard the learned counsels, this Court has perused the impugned order and other materials places on record. 7. Accused No.2 is a son of deceased. Accused No.1 is the wife of the deceased. Accused Nos.1 and 2 and other two children of accused No.1 and deceased were residing separately since one or two years as the deceased was addicted to alcohol and he used to suspect the fidelity - 8 - NC: 2025:KHC-D:5651 CRL.A No. 100140 of 2025 of his wife i.e., the accused No.1. CW.1-complainant is the brother of the deceased. Deceased was residing alone in a old house in the town and accused Nos.1 and 2 were residing in a rented house in the plot area. CW.1 along with the deceased went to the house of accused Nos.1 and 2 and asked them to join the deceased and they refused. On the same day, CW.1 and deceased and other elders again secured accused Nos.1 and 2 for talks at that time, the alleged incident is stated to have taken place. That the assault alleged against appellants –accused Nos.1 and 2 is with hands. No weapons are used by appellant to assault the deceased. Considering the said fact, there is no preparation by appellants and others to assault the deceased. The alleged incident has taken place in a sudden quarrel between the accused No.2, accused No.3 and deceased. On perusal of the statement of eye-witness, no specific individual overt act is alleged against the accused persons. Therefore, at this stage it cannot be said which of the accused persons assaulted on which part of the body of the deceased. As the charge sheet is filed, the - 9 - NC: 2025:KHC-D:5651 CRL.A No. 100140 of 2025 appellants –accused Nos.1 and 2 are not required for custodial interrogation. The apprehension of the prosecution is that if the appellants are granted bail, they will threaten the prosecution witnesses can be met with by imposing stringent conditions. Accused Nos.3 and 4 have already been granted bail by this Court in Crl.A.No.100036/2025. 8. The appellants have 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 06.01.2025 passed in Spl.Case No.122/2024 by the II Additional District and Sessions Judge, Bagalkote, is set aside. iii. The appellants -accused Nos.1 and 2 are granted bail in Crime No.103/2024 of - 10 - NC: 2025:KHC-D:5651 CRL.A No. 100140 of 2025 Savalagi Police Station pending in Special Case No.122/2024 subject to the following conditions: a) Appellants –accused Nos.1 and 2 shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the trial Court. b) Appellants –accused Nos.1 and 2 shall not threaten the prosecution witnesses. c) Appellants –accused Nos.1 and 2 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 DSP/CT-ASC List No.: 1 Sl No.: 29