- 1 - HC-KAR NC: 2025:KHC-D:12107 CRL.A No. 100567 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL APPEAL NO. 100567 OF 2025 (U/S 14 A(2) OF SC AND ST ACT) BETWEEN: SRI. BAPUGOUDA BHARAMAGOUDA PATIL, AGED ABOUT 35 YEARS, OCC. AGRICULTURE, R/O. SURASHETTIKOPPA VILLAGE, TQ. KALAGHATAGI, DIST. DHARWAD-581 204. … APPELLANT (BY SRI. S.M. KALWAD, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH KALAGHATAGI PS, R/BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, AT DHARWAD-580 011. 2. SRI. SOMALINGAPPA S/O BARAMAPPA KODI, AGED ABOUT 42 YEARS, OCC. WATCHMEN, R/O. AT SURASHETTIKOPPA, SIDDARUDA NAGAR, TQ. KALAGHATAGI, DIST. DHARWAD-581 204. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; R2-HELD SUFFICIENT) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14A(2) OF SC/ST (POA) ACT, 1989 SEEKING TO SET ASIDE ORDER DATED 21/08/2025 MADE IN CRIME NO.181/2025 (KALAGHATAGI PS) PASSED BY THE COURT OF II ADDL. DISTRICT AND SESSIONS JUDGE, DHARWAD AND SPECIAL COURT FOR TRIAL OF THE OFFENCES UNDER THE POCSO ACT AND S.C. AND S.T. (P.O.A) ACT AND ENLARGE THE APPELLANT ON REGULAR BAIL UNDER SECTION 14A (2) OF SC/ST ACT, 1989 IN CRIME NO.181/2025 REGISTERED BY THE KALAGHATAGI POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 3(2)(V), 3(1)(R)(S) OF SC/ST ACT, 2015 AND SECTION 118, 78(1), 109(1), 351 AND 352 OF BNS, 2023, IN THE INTEREST OF JUSTICE AND EQUITY. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:12107 CRL.A No. 100567 of 2025 THIS APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Accused in Crime No.181/2025 registered by Kalaghatagi Police Station, Dharwad for the offences punishable under Sections 3(2)(v), 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Sections 118, 78(1), 109(1), 351 and 352 of BNS 2023, is before this Court in this appeal filed under Sections 14A(2) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 seeking regular bail. 2. Heard learned counsel for the appellant and the learned HCGP for the respondent No.1. Respondent No.2 is served in the matter and has remained un-represented. 3. FIR in Crime No.181/2025 was registered by Kalaghatagi Police Station, Dharwad for the aforesaid offences against the appellant herein based on the first information dated 31.07.2025 received from respondent - 3 - HC-KAR NC: 2025:KHC-D:12107 CRL.A No. 100567 of 2025 No.2 who is the injured victim in the present case. During the course of investigation, appellant was arrested on 01.08.2025 and subsequently remanded to judicial custody. His bail application filed before the trial Court in Crime No.181/2025 was rejected on 21.08.2025. Therefore, he is before this Court in this appeal. 4. Learned counsel for the appellant having reiterated the grounds urged in the appeal memorandum submits that the first informant had borrowed a sum of Rs.4,00,000/- from the appellant and the incident in question had taken place after the appellant had demanded repayment of the said amount. The appellant has paid the amount to the first informant through phonepe as well as by cash. Appellant who is an agriculturist has no other criminal antecedent. Appellant is a married man. Accordingly he prays to allow the appeal. 5. Per contra, learned HCGP has opposed the prayer made in the appeal memorandum. She submits that injured - 4 - HC-KAR NC: 2025:KHC-D:12107 CRL.A No. 100567 of 2025 victim was admitted in the hospital for a period of 4 days. Investigation of the case is under progress. Accordingly she prays to dismiss the appeal. 6. The first information in the present case in respect of the alleged incident that had taken place on 27.07.2025 is belatedly filed on 31.07.2025, which is after a period of 4 days from the alleged date of incident. In the first information, it is alleged that the appellant was teasing the wife of the first informant and therefore the first informant had adviced him on 10.07.2025 and on the said date appellant had quarreled with the first informant. It is further alleged that on 27.07.2025 at about 5.00 p.m. the appellant who came armed with sickle, assaulted the first informant with the same and thereafter escaped from the spot of crime when public started gathering at the said place. 7. In the memorandum of appeal, it is stated that the first informant has borrowed money from the appellant - 5 - HC-KAR NC: 2025:KHC-D:12107 CRL.A No. 100567 of 2025 which was paid through phonepe and by cash. Only to avoid repayment of the loan amount, he has filed the false complaint. 8. Be that as it may, in the incident that had taken place on 27.07.2025, the victim who is the first informant in the present case, has suffered only simple injury. He was admitted in the hospital for a period of 4 days and thereafter discharged. His condition is said to be stable. 9. Considering the aforesaid aspect of the matter and also taking into consideration that the appellant who is an agriculturist has no criminal antecedent, I am of the opinion that the prayer made by the appellant for grant of regular bail needs to be answered affirmatively. Accordingly, the following: ORDER i. Criminal Appeal is allowed. ii. The order dated 21.08.2025 passed by the II Additional District and Sessions Judge and - 6 - HC-KAR NC: 2025:KHC-D:12107 CRL.A No. 100567 of 2025 Special Court. Dharwad in Crime No.181/2025 registered by Kalaghatagi Police Station, Dharwad is hereby set aside and the appellant is directed to be enlarged on bail, subject to the following conditions: a. The appellant shall execute personal bond for a sum of Rs.1,00,000/- with 2 sureties for the likesum to the satisfaction of the jurisdictional Court; b. The appellant shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c. The appellant shall not directly or indirectly threaten or tamper with the prosecution witnesses; - 7 - HC-KAR NC: 2025:KHC-D:12107 CRL.A No. 100567 of 2025 d. The appellant shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK CT:BCK LIST NO.: 1 SL NO.: 12