- 1 - HC-KAR NC: 2025:KHC-D:13474 CRL.A No. 100507 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 26TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL APPEAL NO. 100507 OF 2025 (U/S 14 A(2) OF SC AND ST ACT) BETWEEN: NIHAL AHAMAD S/O JAFARSAB MANNUR, AGE. 26 YEARS, OCC. COOLIE, R/O. NAGENDRANAMATTI, HAVERI, TQ. AND DIST. HAVERI-581 110. … APPELLANT (BY SRI. VIDYASHANKAR G. DALWAI, ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD, THROUGH HAVERI TOWN POLICE STATION, HAVERI-581 110. 2. SHRI RAKESH S/O RANGAPPA HERAKAL, AGE. 32 YEARS, OCC. PRIVATE WORK, R/O. AMBEDKAR CIRCLE, HAVERI-581 110. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; R2-SERVED AND UNREPRESENTED) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14A(2) OF SC/ST (POA ACT) 1989, PRAYING TO SET ASIDE THE ORDER OF REJECTION OF THE BAIL APPLICATION IN CRIME NO.113/2025 HAVERI TOWN P.S. DATED 21.08.2025 BY I ADDL. DISTRICT AND SESSIONS JUDGE AND SPECIAL JUDGE, HAVERI, THE APPELLANT/ACCUSED NO.7 HAVE PREFERRED THIS CRIMINAL APPEAL SEEKING REGULAR BAIL IN CRIME NO.113/2025 OF HAVERI TOWN P.S. FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 191(2), 108, 132, 352, 351(3) R/W SECTION 190 OF BNS 2023 AND SECTION 3(1)(R) AND 3(2)(VA) OF SC/ST (PREVENTION OF ATROCITIES) ACT. THIS APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:13474 CRL.A No. 100507 of 2025 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.7 in Crime No.113/2025 registered by Haveri Town Police Station, Haveri, for the offences punishable under Sections 189(2), 191(2), 132, 351(3), 352 and 190 of IPC and Sections 3(1)(r) and 3(2)(va) of SC/ST (POA) Act, is before this Court in this appeal filed under Section 14(A)(2) of the SC/ST (POA) Act, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.113/2025 was registered by Haveri Town Police Station, Haveri, for the aforesaid offences against Akashata and others based on the first information dated 23.06.2025 received from respondent No.2, who is the son of deceased Rangappa Herakal. During the course of investigation, appellant herein was arrested on 15.07.2025 and subsequently, remanded to judicial custody. His bail application filed before the Trial Court in Crime No.113/2025 was rejected on 21.08.2025. It is under these circumstances, he is before this Court. - 3 - HC-KAR NC: 2025:KHC-D:13474 CRL.A No. 100507 of 2025 4. Learned counsel for the appellant submits that accused Nos.1, 2 and 4 have been granted regular bail by this Court in Criminal Appeal No.100467/2025 and accused Nos.3 and 5 have been granted anticipatory bail by this Court in Criminal Appeal No.100468/2025. Though initially FIR was registered in the present case invoking offence punishable under Section 108 of BNS 2023, in the charge sheet which is now filed, the said offence has been dropped and it is under these circumstances, the aforesaid accused have been granted regular bail and anticipatory bail by this Court. 5. Per contra, learned HCGP has opposed the prayer made in the appeal. 6. Perusal of the material on record would reveal that first information in the present case was filed on 23.06.2025 by respondent No.2, who is the son of deceased Rangappa Herakal. He has stated that on 05.06.2025 when deceased, who was working as a Powra Karmika had gone to remove the banners and flex boards as per the orders passed by the Commissioner of CMC, Haveri, accused No.1 allegedly had abused him referring to his caste and also obstructed him from discharging his duties. - 4 - HC-KAR NC: 2025:KHC-D:13474 CRL.A No. 100507 of 2025 The other accused also had abused him and criminally intimidated him. In the background of the aforesaid incident that had taken place on 05.06.2025, Rangappa Herakal had consumed insecticide on 19.06.2025 and thereafter, he was immediately shifted to a Hospital. However, he died in the Hospital on 23.06.2025. It is under these circumstances, FIR was registered against the accused invoking the offence punishable under Section 108 of BNS, 2023. After completing investigation, charge sheet has been filed only for the aforesaid offences and offence punishable under Section 108 of BNS, 2023, has been dropped. Considering the nature of allegations found in the charge sheet against accused, accused Nos.1, 2 and 4 have been granted regular bail and accused Nos.3 and 5 have been granted anticipatory bail by this Court in Crl.A.No.100467/2025 and Crl.A.No.100468/2025 respectively. Under the circumstances, I am of the opinion that the appellant herein, who is arrayed as accused No.7 in the charge sheet, is also entitled for the relief of regular bail. Accordingly, the following order:- 7. The Criminal Appeal is allowed. The order dated 21.08.2025 passed by the I Addl. District and Sessions Judge - 5 - HC-KAR NC: 2025:KHC-D:13474 CRL.A No. 100507 of 2025 and Special Judge, Haveri, in Crime No.113/2025, is hereby set- aside and the appellant is directed to be enlarged on bail in Crime No.113/2025 registered by Haveri Town Police Station, Haveri, for the offences punishable under Sections 189(2), 191(2), 132, 351(3), 352 and 190 of IPC and Sections 3(1)(r) and 3(2)(va) of SC/ST (POA) Act, subject to the following conditions: a) Appellant shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the like sum, 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; d) The appellant shall not involve in similar offences in future; e) The appellant shall not leave the jurisdiction of the Trial Court without permission of the said - 6 - HC-KAR NC: 2025:KHC-D:13474 CRL.A No. 100507 of 2025 Court until the case registered against him is disposed off. Sd/- (S.VISHWAJITH SHETTY) JUDGE DN CT:BCK LIST NO.: 1 SL NO.: 11