- 1 - HC-KAR NC: 2025:KHC-D:7332 CRL.A No. 100221 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL APPEAL NO.100221 OF 2025 (U/S.14 A(2) of SC and ST ACT) BETWEEN: SRI. FAKKIRESH MAKKALI @ JATTENNAVAR, AGE: 26 YEARS, OCC: AGRICULTURE, R/O. DATANAL VILLAGE, NAVALAGUND TALUKA, DHARWAD DISTRICT, PIN-583119. …APPELLANT (BY SRI. ANAND R. KOLLI, ADVOCATE) AND: 1. STATE OF KARNATAKA. R/BY. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH DHARWAD, THROUGH NAVALGUND POLICE STATION, DIST. DHARWAD-580008. 2. SRI. SHARANAPPA CHALAVADI S/O. NEELAPPA, AGE: 45 YEARS, OCC: FARMER, R/O. DATANAL VILLAGE, NAVALAGUND, DIST. DHARWAD-580008. …RESPONDENTS (BY SRI. ABHISHEK MALIPATIL, HCGP FOR R1; SRI. A. A. PATHAN AND SRI. A. M. SHALIBAN AND SRI. M. A. PATHAN, ADV. FOR R2) THIS CRIMINAL APPEAL IS FILED U/S.14 A(2) OF SC AND ST ACT 1989, PRAYING TO SET ASIDE THE ORDER DATED 25.03.2025 PASSED BY II ADDL. DISTRICT AND SESSION JUDGE DHARWAD IN CRL.MISC.NO.123/2025 AND THIS HON’BLE COURT MAY BE PLEASED TO THE APPELLANT/ ACCUSED NO.3 ON ANTICIPATORY BAIL IN THE EVENT OF ARREST IN CONNECTION WITH CRIME NO.36/2025 ON THE FILE OF II ADDITIONAL DISTRICT AND SESSIONS COURT, AT DHARWAD FOR THE OFFENCES PUNISHABLE U/S.189(2), 191(2), 115(2), 74, 352, 351(2), 190 OF BNS AND U/S.3(1)(r), 3(1)(s), 3(1)(w), 3(2)(v-a) OF SC AND ST PREVENTION OF ATROCITIES ACT 1989 IN THE INTEREST OF JUSTICE. Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:7332 CRL.A No. 100221 of 2025 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) 1. Heard learned counsel for the appellant and learned High Court Government Pleader for respondent No.1-State. 2. Learned counsel for respondent No.2 is absent. 3. This appeal is filed by accused No.3 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (for short, ‘the BNSS’) praying to enlarge him on bail in Crime No.36/2025 of Navalgund Police Station registered for the offences punishable under Sections 189(2), 191(2), 115(2), 74, 352, 351(2), 190 of the Bharatiya Nyaya Sanhita, 2023 (for short, ‘the BNS’) and under Sections 3(1)(r), 3(1)(s), 3(1)(w), 3(2)(v-a) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, ‘the SC/ST (POA) Act’). - 3 - HC-KAR NC: 2025:KHC-D:7332 CRL.A No. 100221 of 2025 4. The brief facts of the prosecution case is as under: On 07.03.2023 there was an altercation between the granddaughter of first informant-Bhagya Chalavadi with her class mate Bagya Kuri at their school. Being enraged by the said quarrel, brothers of said Bagya Kuri i.e. Accused Nos.1 and 2 and others by wrongfully restrained Bagya Chalavadi near Datnal Bus stand while returning home from school at Datnal bus stand, abused her in filthy language by taking her caste and also dragged her by hands and her body and also pulled her dress and outraged her modesty and thereby, threatened her that they would commit sexual assault on her and also asked her to keep quiet at school. On the following day i.e., on 08.03.2025, the first informant along with her daughter and grand daughter and others went near the house of accused Nos.1 and 2 as to enquire about the incident that happened on the previous day i.e. on 07.03.2025. At that time accused Nos.1 to 11 by forming unlawful assembly assaulted her grand daughter, abused them in filthy - 4 - HC-KAR NC: 2025:KHC-D:7332 CRL.A No. 100221 of 2025 language by taking caste and also outraged modesty of the daughter of the first informant by dragging her and pulling her dress. At that time accused Nos.1 to 3 kicked both grand daughter Bagya and his daughter Shobha with footwear and asked to bring petrol to set fire to them. In this regard, the first informant lodged a complaint. This leads to registration of FIR and investigation. Soon after the filing of charge sheet, the trial Court took cognizance and issued process against the accused persons. Apprehending the arrest at the hands of respondent- Police, the appellant/accused No.3 filed the appeal under Section 482 of the BNSS, before the trial Court. However, the trial Court granted bail in respect of accused Nos.10 and 11 and rejected the bail application of the appellant. 5. Learned counsel for the appellant contended that appellant is innocent and he has not committed any offences as alleged by the prosecution and he has been falsely implicated in this case. There are no prima facie materials against the appellant. The entire allegation is false and frivolous. No prima facie case is made out - 5 - HC-KAR NC: 2025:KHC-D:7332 CRL.A No. 100221 of 2025 against the appellant to attract the provision of Section 18 and 18A of the SC/ST (POA) Act. Appellant is ready and willing to abide by any conditions that may be imposed by this Court. Hence, he prayed for grant of bail. 6. Respondent Nos.2 has filed objections contending that the appeal filed by the appellant is not tenable under law. The offences alleged against the appellant are non-baiable in nature. There is prima facie case against the appellant and there is a bar under Section 18 of the SC/ST (POA) Act, to entertain the anticipatory bail application. Therefore, respondent No.2 prayed to dismiss the appeal filed before the appellate Court. 7. Learned HCGP for respondent No.1-State contended that there is prima facie material against the appellant and the appellant is involved in the alleged offence and hence, he prayed to reject the appeal. 8. As could be seen from the material available on record, it appears that the investigating officer has concluded the investigation and filed the charge sheet - 6 - HC-KAR NC: 2025:KHC-D:7332 CRL.A No. 100221 of 2025 against the accused persons. Appellant is arraigned as accused No.3 in Crime No.36/2025. As per the contents of the charge sheet, there is allegation against accused No.3 that as to he outraged the modesty of daughter and grand daughter of first informant by kicking them and threatening to kill by poring petrol and setting fire. The trial Court granted bail in favour of accused Nos.10 and 11. Having regard to the nature of the allegations alleged against the accused persons, the offences alleged are not punishable with death or imprisonment for life. The appellant is permanent resident of Datnal village of Navalgund taluka, Dharwad District and he is an agriculturist by profession and his presence can be easily secured. 9. Having regard to the nature of the allegation against appellant, bar under Section 18A of the SC/ST (POA) Act cannot be attracted at this juncture. Further, the bar created by Sections 18 and 18A of the SC/ST (POA) Act against grant of anticipatory bail shall not apply unless prima facie case is made out. The Hon’ble Apex - 7 - HC-KAR NC: 2025:KHC-D:7332 CRL.A No. 100221 of 2025 Court in the case of Pruthvi Raj Chauhan Vs. Union of India 1, has taken a similar view. 10. The prosecution has not disputed the place of the residence of the appellant. There is nothing to show that the presence of the appellant cannot be secured during investigation as well as trial. The apprehension of the persecution can be me by imposing conditions, having regard to the nature of allegations. Accordingly, the Court proceeds to pass the following; ORDER The appeal filed by appellant/accused No.3 is allowed. The appellant/accused No.3 is ordered to be enlarged on anticipatory bail, in the event of his arrest by the respondent-police in Crime No.36/2025 on his execution of personal bond for a sum of Rs.2,00,000/- with two sureties for the like sum to the satisfaction of the S.H.O or I.O, subject to the following conditions: 1 AIR 2020 SC 1036 - 8 - HC-KAR NC: 2025:KHC-D:7332 CRL.A No. 100221 of 2025 i) The appellant/accused No.3 shall surrender himself before the S.H.O/I.O within a period of 15 days from today; ii) The appellant/accused No.3 shall not tamper with the prosecution witnesses directly or indirectly; iii) The appellant/accused No.3 shall cooperate with investigating agency till conclusion of the investigation. iv) The appellant/accused No.3 shall be regular in attendance before the trial Court. Sd/- (VENKATESH NAIK T) JUDGE AC /CT-AN List No.: 1 Sl No.: 12