- 1 - NC: 2025:KHC-D:6558 CRL.A No. 100247 of 2025 C/W CRL.A No. 100203 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF APRIL 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL APPEAL NO.100247 OF 2025 C/W CRIMINAL APPEAL NO.100203 OF 2025 IN CRL.A.NO.100247/2025: BETWEEN: SMT. NEELAVVA D/O. KALAKANAGOUDA PATIL, (AS PER FIR), SMT. NEELAMMA D/O. KALAKANAGOUDA PATIL, AGE: 25 YEARS, OCC: HOUSEHOLD, R/O: GOUDRA ONI, RAJUR, TQ: GAJENDRAGAD – 582 114, DIST: GADAG. …APPELLANT (BY SRI. K L PATIL & SRI. S.S.BETURMATH, ADVOCATES) AND: 1. THE STATE OF KARNATAKA, THROUGH GAJENDRAGAD P.S., REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH – 580 011. 2. SMT. NINGAMMA @ NANJANA W/O. DEVAPPA HALAGI @ CHINTAKAMALADINNI, AGE: 27 YEARS, OCC: HOUSEWIFE, R/O: RAJUR, TQ: GAJENDRAGHAD – 582 114, DIST: GADAG. …RESPONDENTS (BY SRI. ABHISHEK MALIPATIL, HCGP FOR R1; SRI G.D.PATIL, ADVOCATE FOR R2) Digitally signed by SAMREEN AYUB DESHNUR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:6558 CRL.A No. 100247 of 2025 C/W CRL.A No. 100203 of 2025 THIS CRIMINAL APPEAL IS FILED U/S 14 A(2) OF KARNATAKA SC AND ST (POA) ACT PRAYING TO ALLOW THE APPEAL AND SET ASIDE THE ORDER DATED 18.03.2025 BY THE LEARNED ADDL. DISTRICT AND SESSIONS JUDGE, GADAG IN CRIM. MISC. NO.99/2025 AND GRANT THE ANTICIPATORY BAIL TO THE APPELLANT/ACCUSED NO.5 IN CONNECTION WITH GAJENDRAGADA P.S. CRIME NO.20/2025 REGISTERED FOR OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 191(1), 115(2), 74, 133, 352, 351(2), 190 OF BNS 2023 AND UNDER SECTIONS 3(1)(r) (s), 3(2) (va) OF SC/ST ACT, 1989 (AMENDED ACT 2015) PENDING ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE GADAG AND GRANT SUCH OTHER RELIEF AS THIS HON’BLE COURT DEEMS FIT IN THE INTEREST OF JUSTICE. IN CRL.A.NO.100203/2025: BETWEEN: 1. KALAKANAGOUDA S/O. BASANAGOUDA PATIL, AGE: 59 YEARS, OCC: AGRICULTURE, R/O: GOUDRA ONI, RAJUR, TQ: GAJENDRAGAD, DIST: GADAG - 582 101. 2. MUTTANAGOUDA S/O. KALAKANAGOUDA PATIL, (AS PER FIR), NINGARAJ S/O. KALAKANAGOUDA PATIL, AGE: 31 YEARS, OCC: AGRICULTURE, R/O: GOUDRA ONI, RAJUR, TQ: GAJENDRAGAD, DIST: GADAG - 582 101. 3. SMT. NAGAMMA W/O. KALAKANAGOUDA PATIL, (AS PER FIR) SMT. NEELAGANGAVVA W/O. KLAKANAGOUDA PATIL, AGE: 60 YEARS, OCC: HOUSEHOLD, R/O: GOUDRA ONI, RAJUR, - 3 - NC: 2025:KHC-D:6558 CRL.A No. 100247 of 2025 C/W CRL.A No. 100203 of 2025 TQ: GAJENDRAGAD, DIST: GADAG - 582 101. …APPELLANTS (BY SRI. K. L. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROGH GAJENDRAGHAD P. S., REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH – 580 011. 2. SMT. NINGAMMA @ NANJANA W/O. DEVAPPA HALAGI @ CHINTAKAMALADINNI, AGE: 27 YEARS, OCC: HOUSEWIFE, R/O: RAJUR, TQ: GANGENDRAGHAD, DIST: GADAG – 582 101. …RESPONDENTS (BY SRI. ABHISHEK MALIPATIL, HCGP FOR R1; SRI. G.D.PATIL, ADVOCATE FOR R2) THIS CRIMINAL APPEAL IS FILED U/S 14 (2) OF KARNATAKA SC AND ST (POA) ACT PRAYING TO ALLOW THE APPEAL AND SET ASIDE THE ORDER DATED 18.03.2025 BY THE LEARNED ADDL. DISTRICT AND SESSIONS JUDGE, GADAG IN CRIM. MISC. NO. 99/2025 AND GRANT THE ANTICIPATORY BAIL TO THE APPELLANTS/A1, A3 AND A4 IN CONNECTION WITH GAJENDRAGADA P.S. CRIME NO.20/2025 REGISTERED FOR OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 191(1), 115(2), 74, 133, 352, 351(2), 190 OF BNS - 2023 AND UNDER SECTIONS 3(1) (r) (s), 3(2)(v) OF SC/ST ACT, 1989 (AMENDED ACT 2015) PENDING ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE, GADAG AND GRANT SUCH OTHER RELIEF AS THIS HON’BLE COURT DEEMS FIT IN THE INTEREST OF JUSTICE. THESE CRIMINAL APPEALS, COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THERE IN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR - 4 - NC: 2025:KHC-D:6558 CRL.A No. 100247 of 2025 C/W CRL.A No. 100203 of 2025 ORAL JUDGMENT Crl.A.No.100203/2025 is filed by accused Nos.1,3, and 4. Crl.A.No.100247/2025 is filed by the appellant - accused No.5. Both appeals are filed challenging the order dated 18.03.2025 passed in Crl.Misc.No.99/2025 by the Additional District and Sessions Judge, Gadag wherein anticipatory bail petition of appellants –accused Nos.1, 3 to 5 sought in respect of Crime No.20/2025 of Gajendragad Police Station registered for offences punishable under Sections 189(2), 191(1), 115(2), 74, 133, 352, 351(2), 190 of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as “BNS” for brevity) and Sections 3(1)(r)(s) and 3(2)(V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as “SC and ST Act” for brevity) came to be rejected. 2. Heard learned counsel for appellants –accused Nos.1, 3 to 5, learned counsel for respondent No.2 and - 5 - NC: 2025:KHC-D:6558 CRL.A No. 100247 of 2025 C/W CRL.A No. 100203 of 2025 learned High Court Government Pleader for respondent No.1 –State. 3. Respondent No.2 has filed complaint stating that on 25.02.2025 at about 10.30 a.m. infront of the house of one Raghappa Kulakanar on public road, accused No.1 –Kalakanagouda Patil picked up quarrel with Devappa –husband of respondent No.2 –complainant abused him in filthy language by taking his caste name. Hearing the galata, respondent No.2 –complainant along with her mother in law –Yallavva, Sister in law –Jyothi went to the spot and prayed not to assault her husband. Accused Nos.1 to 5 formed an unlawfull assembly. All accused attacked on complainant, abused her in filthy language, assaulted with chappal and also they assaulted mother-in- law, sister-in-law when they have tried to rescue the complainant and her husband from the hands of accused person. On the basis of the complaint filed by respondent No.2, a case came to be registered against appellants and another in Crime No.20/2025 of Gajendragad Police Station for aforesaid offences. Appellants –accused Nos.1, - 6 - NC: 2025:KHC-D:6558 CRL.A No. 100247 of 2025 C/W CRL.A No. 100203 of 2025 3 to 5 apprehending their arrest have filed anticipatory bail petition and same came to be rejected by impugned order. The said impugned order has been challenged in these appeals by appellants –accused Nos.1, 3 to 5. 4. Learned counsel for appellants –accused Nos.1,3 to 5 would contend that there is no motive for appellants to commit alleged offences. There are no overtacts alleged against each of accused. Therefore, bar under Section 18 of the SC and ST Act is not attracted. Accused No.2 has been granted regular bail. With these, he prays to allow appeals and grant anticipatory bail to appellants –accused Nos.1, 3 to 5. 5. Learned High Court Government Pleader for respondent No.1 –State would contend that there is specific overtact alleged against accused No.1 abusing husband of the complainant by taking his caste name and assaulting him. Therefore, there is bar under Section 18 of the SC and ST Act. One Sureka has - 7 - NC: 2025:KHC-D:6558 CRL.A No. 100247 of 2025 C/W CRL.A No. 100203 of 2025 recorded incident in her phone and C.D of the same has been seized under mahazar. There are three persons injured in the incident and their wound certificate shows that they sustained simple injuries. With these, he prays for dismissal of appeals. 6. Learned counsel for respondent No.2 would contend that there are overtacts alleged against each of accused persons abusing husband of the complainant, abusing the complainant and two others. If appellants are granted bail they will threaten the complainant and other injured persons. With these, he prays for dismissal of appeals. 7. Having heard learned counsels, this Court has perused FIR, complaint, impugned order and other materials placed on record. 8. On perusal of averments of the complaint filed by respondent No.2, there is specific overtact alleged against accused No.1 –Kalakanagouda Patil abusing husband of the complainant by taking his - 8 - NC: 2025:KHC-D:6558 CRL.A No. 100247 of 2025 C/W CRL.A No. 100203 of 2025 caste name and assaulting him. Therefore, at this stage it cannot be said that offence punishable under Section 3 of the SC and ST Act is not attracted. The bar under Section 18 of the SC and ST Act is attracted. Therefore, he is not entitled for grant of anticipatory bail. 9. Accusation against appellants -accused Nos.3 to 5 is omnibus allegation. There are no specific overtacts alleged against each of accused Nos.3 to 5. At this stage it cannot be said that they have assaulted each of injured and abused by taking their caste. Therefore, bar under Section 18 of the SC and ST Act is not attracted against accused Nos.3 to 5. Appellants –accused Nos.3 to 5 have made out grounds for setting aside impugned order and grant of anticipator bail. 10. In the result, the following - 9 - NC: 2025:KHC-D:6558 CRL.A No. 100247 of 2025 C/W CRL.A No. 100203 of 2025 ORDER i) Crl.A.No.100203/2025 filed by appellants – accused Nos.1, 3 and 4 is allowed in part. (The appeal is allowed so far as accused No.3 and 4 are concerned and rejected so far as accused No. 1 is concerned.) ii) Crl.A.No.100247/2025 filed by accused No.5 is allowed. iii) Appellants –accused Nos.3 to 5 are granted anticipatory bail in Crime No.20/2025 of Gajendragad Police Station subject to following conditions a) Appellants –accused Nos.3 to 5 shall appear before the Investigating Officer within two weeks from this day and execute a personal bond for Rs.1,00,000/- each with one surety for the like sum to the satisfaction of the Investigating Officer. - 10 - NC: 2025:KHC-D:6558 CRL.A No. 100247 of 2025 C/W CRL.A No. 100203 of 2025 b) Appellants –accused Nos.3 to 5 shall co- operate with the Investigation Officer in investigation. c) Appellants –accused Nos.3 to 5 shall not threaten the complainant and other prosecution witnesses. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP CT-ASC List No.: 1 Sl No.: 6