- 1 - NC: 2025:KHC-D:7175 CRL.A No. 100235 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8TH DAY OF MAY 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 100235 OF 2025 BETWEEN: 1. SRI. SACHIN SHIVAPPA KURI, AGE: 26 YEARS, OCC: AGRICULTURE, R/O: DATANAL VILLAGE, NAVALAGUND TALUKA, DIST: DHARWAD, PIN – 580 008. 2. SRI. JAYAPPA RAMAPPA ADNUR @ MRUTUNJAYA, AGE: 28 YEARS, OCC: AGRICULTURE, R/O: DATANAL VILLAGE, NAVALAGUND TALUKA, DIST: DHARWAD, PIN – 580 008. …APPELLANTS (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 – 580 008. 2. SRI. SHARANAPPA CHALAVADI S/O. NEELAPPA, AGE: 45 YEARS, OCC: FARMER, R/O: DATANAL VILLAGE, NAVALAGUND, DIST: DHARWAD – 580 008. …RESPONDENTS (BY SRI. RAMESH CHIGARI, AGA FOR R1; SRI. A.A.PATHAN, ADVOCATE FOR R2) THIS CRIMINAL APPEAL IS FILED U/SEC. 14A(2) OF SC/ST ACT, 1989 SEEKING TO SET ASIDE THE ORDER DATED 25.03.2025 PASSED BY II ADDL DIST AND SESSION JUDGE DHARWAD IN Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:7175 CRL.A No. 100235 of 2025 NAVALAGUND P.S. CRIME NO. 36/205 AND ENLARGE THE APPELLANT/ACCUSED NOS. 1 AND 2 ON REGULAR BAIL IN THE CNNECTIN WITH NAVALGUND P.S. CRIME NO. 36/2025 ON THE FILE OF II ADDITIONAL DISTRICT AND SESSIONS COURT AND SPECIAL COURT DHARWAD FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 191(2), 115(2), 74, 352, 351(2), 190 OF BNS AND UNDER SECTIONS 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. THIS CRIMINAL APPEAL, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) The appellants/accused Nos.1 and 2 have preferred this appeal under Section 14(A)2 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, against the order dated 25.03.2025, passed in Crime No.36/2025, by the II Additional District and Sessions Judge, Dharwad/Special Court, Dharwad. 2. Learned counsel for appellants submits that there are no cogent, reliable and acceptable facts and circumstances and evidence in connection with the offences. The entire police papers and materials on record do not made out any prima facie case against the appellants/accused Nos.1 and 2. The learned Special Judge has overlooked the ingredients of alleged - 3 - NC: 2025:KHC-D:7175 CRL.A No. 100235 of 2025 Sections in the complaint. The appellants are ready to abide by the conditions that would be imposed by this Court. Hence, sought to allow this appeal. 3. Learned counsel appearing on behalf of the complainant/respondent No.2 has filed objection to this appeal. 4. Learned AGA Sri. Ramesh Chigari appearing for respondent No.1 orally opposes this appeal. 5. Having heard arguments on both side and on perusal of records, the following points would arise for consideration: i) Whether the appellants, who are accused Nos.1 and 2, have made out grounds to allow this appeal? ii) What order? 6. My answer to the above points are as under: (i) Affirmative. (ii) As per the final order. 7. Point No.(i): A perusal of materials placed before me it is clear that, on the basis of the complaint filed by Sri.Sharanappa Chalavadi, Navalgund, Police have registered a case in Crime No.36/2025 against accused Nos.1 to 11 for - 4 - NC: 2025:KHC-D:7175 CRL.A No. 100235 of 2025 commission of offences punishable under Sections 189(2), 191(2), 115(2), 74, 352, 351(2), 190 of Bharatiya Nyaya Sanhita, 2023 and under Sections 3(1)(r); 3(1)(s), 3(1)(w), 3(2)(v-a)) of Scheduled Castes and Scheduled Tribes (Prevention of Attrocities) Act, 1989. The bail application was filed before the learned Special Judge on behalf of accused Nos.1 and 2 and accused Nos.4 to 9 under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS- 2023’). The same was partly allowed. The bail application filed on behalf of accused Nos.4 to 9 was allowed with conditions and bail application filed on behalf of accused Nos.1 and 2 was rejected. Being aggrieved, the appellants/accused Nos.1 and 2 have preferred this appeal. 8. Learned Special Judge has rejected the bail application of accused Nos.1 and 2 on the ground that there are prima facie case made out against them and investigation is not yet completed. The alleged offences are not punishable with death or imprisonment for life. The appellants/ accused Nos.1 and 2 are in judicial custody since the date of their arrest i.e., on 09.03.2025. The appellants/accused Nos.1 and 2 are not required for further investigation. It is not in dispute that there - 5 - NC: 2025:KHC-D:7175 CRL.A No. 100235 of 2025 is a counter case in Crime No.37/2025. Hence, taking into consideration the nature and gravity of offences and also counter case filed by the present accused Nos.1 and 2 pertaining to the alleged crime, and period of detention of accused Nos.1 and 2, who are in judicial custody since two months, I am of the opinion that it is just and proper to release the accused Nos.1 and 2 on bail imposing conditions. Hence, I answer point No.(i) in the affirmative. 9. Point No.(ii): For the aforesaid reasons, I proceed to pass the following: ORDER The Criminal Appeal filed by the appellants/accused Nos.1 and 2 under Section 483 of BNSS, 2023 is hereby allowed. The accused Nos.1 and 2 are ordered to be released on bail in Crime No.36/2025 of Navalgund Police Station subject to the following conditions: i) Appellants/accused Nos.1 and 2 shall execute a personal bond for a sum of Rs.1,00,000/- each with - 6 - NC: 2025:KHC-D:7175 CRL.A No. 100235 of 2025 one surety for the likesum to the satisfaction of the Trial Court. ii) Appellants/accused Nos.1 and 2 shall not tamper the prosecution witnesses directly or indirectly. iii) Appellants/accused Nos.1 and 2 shall not repeat similar offences in future. iv) Appellants/accused Nos.1 and 2 shall co-operate with the investigating officer for the purpose investigation whenever called by the investigating officer. v) Appellants/accused Nos.1 and 2 shall mark their attendance before the investigating officer between 9.00 a.m. and 6.00 p.m. once in 15 days till filing of the final report. vi) Appellants/accused Nos.1 and 2 shall produce their passport size photograph with the address proof and also of the surety to the satisfaction of the Trial Court. vii) The passport size photograph if is not readily available shall be furnished on the next date of hearing after the release of the accused. - 7 - NC: 2025:KHC-D:7175 CRL.A No. 100235 of 2025 If any of the above conditions are violated by the accused, the prosecution and the complainant are at liberty to move application for cancellation of bail. SD/- (G BASAVARAJA) JUDGE PMP List No.: 1 Sl No.: 17