- 1 - HC-KAR NC: 2025:KHC-D:10676 CRL.A No. 100439 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL APPEAL NO. 100439 OF 2025 (U/S 14 A(2) OF SC AND ST ACT) BETWEEN: 1. SRI. NAMDEV S/O PARASHURAM PATIL, AGE. 27 YEARS, OCC. PRIVATE SERVICE, R/O. SINNAL VILLAGE, TQ. ATHANI, DIST. BELAGAVI-591 304. 2. SRI. SURAJ S/O RAMESH SURYAWANSHI, AGE. 28 YEARS, OCC. PRIVATE SERVICE, R/O. SINNAL VILLAGE, TQ. ATHANI, DIST. BELAGAVI-591 304. 3. SRI. SUDHAKAR S/O SUKHADEV KAVATEKAR, AGE. 32 YEARS, OCC. PRIVATE SERVICE, R/O. SINNAL VILLAGE, TQ. ATHANI, DIST. BELAGAVI-591 304. … APPELLANTS (BY SRI. SRINAND ARAVIND PACHHAPURE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH ATHANI POLICE STATION, NOW REP. BY STATE PUBLIC PROSECUTOR, RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10676 CRL.A No. 100439 of 2025 HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT DHARWAD-580 011. 2. SRI. VIKASH S/O RAJU KAMBLE, AGE. 34 YEARS, OCC. LABOURER, R/O. TANGADI VILLAGE-591 304, TQ. ATHANI, DIST. BELAGAVI-591 304. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. PRANAV S. KATAGERI, ADVOCATE FOR R2) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14 A(2) OF SC AND ST (POA) ACT, PRAYING TO GRANT ANTICIPATORY BAIL TO THE APPELLANTS/ACCUSED NO.1 TO 3 IN THE EVENT OF THEIR ARREST IN CRIME NO.197/2025 REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 115(2), 351(2) AND 352 R/W 3(5) OF BNS AND SECTION 3(1(R), 3(1)(S) AND 3(2)(V-A) OF SC/ST (POA) AMENDMENT ACT, BY THE ATHANI POLICE, PENDING ON THE FILE OF COURT OF III ADDL. SESSIONS JUDGE, BELAGAVI (THE EXCLUSIVE SPECIAL COURT CONSTITUTED OFFENCE UNDER SC AND ST (POA) AMENDMENT ACT), IN THE ENDS OF JUSTICE. THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:10676 CRL.A No. 100439 of 2025 ORAL JUDGMENT (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Accused nos.1 to 3 in Spl.C.No.493/2025 pending before the Court of III Addl. District & Sessions Judge, Belagavi arising out of Crime No.197 of 2025 registered by Athani Police Station, Belagavi District, for offences punishable under Sections 115(2), 351(2) & 352 R/w 3(5) of BNS, 2023 and Sections 3(1)(r), 3(1)(s) & 3(2)(V-a) of SC/ST (POA) Amendment Act, 2015 are before this Court in this appeal filed under Section 14A(2) of SC/ST (POA) Act, 1989 seeking anticipatory bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.197 of 2025 was registered by Athani Police Station, Belagavi District for the aforesaid offences against the appellants herein and another, based on the first information dated 16.05.2025, received from Sri Vikash Raju Kamble, who is the alleged victim in the present case. Apprehending arrest in the case, the appellants had filed Crl.Misc.No.646/2025 before the Jurisdictional Sessions Court, - 4 - HC-KAR NC: 2025:KHC-D:10676 CRL.A No. 100439 of 2025 which was rejected on 09.07.2025. Therefore, they are before this Court. 4. Perusal of the averments found in the first information dated 16.05.2025 submitted by the victim would go to show that on 05.05.2025 Dr. B.R. Ambedkar Jayanti was being celebrated in their village and music program was held at about 11.25 p.m. At that time accused persons allegedly interrupted the program by throwing stone and mud and thereafter abused the organizers referring to their caste. When the first informant tried to intervene, accused no.1 allegedly assaulted him on his cheek and face with his hands. The other accused persons allegedly kicked him and also assaulted him with their hands. He has stated that immediately after the incident, he went to his house and took native treatment for the injuries suffered by him and thereafter on 07.05.2025 he had gone to the Government Hospital for treatment. He has further stated that since accused persons had threatened him with dire consequences, in the event he approaches the police, he had not filed a complaint immediately after the incident. - 5 - HC-KAR NC: 2025:KHC-D:10676 CRL.A No. 100439 of 2025 5. In respect of the alleged incident that had taken place on 05.05.2025, first information is belatedly filed on 16.05.2025 and the explanation offered for the inordinate delay is not satisfactory. In the first information itself, the victim has stated that on the alleged date of incident he had returned home and taken native treatment for his injury. Subsequently, on 07.05.2025 he had gone to the hospital. Wound certificate issued by the said hospital would go to show that the victim has suffered one tenderness injury on his right shoulder, which is certified as a simple injury. In the wound certificate the date of assault has not been mentioned. Further, there is no such allegation in the first information that accused persons with an intention to humiliate or insult the first informant had abused him or assaulted him on the alleged date of the incident. Under the circumstances, the bar under Section 18 of the SC/ST (POA) Act cannot be strictly made applicable against the accused. Undisputedly, the appellants have no criminal antecedents. Under the circumstances, I am of the opinion that prayer made by the appellants for grant of anticipatory bail needs to be answered affirmatively. - 6 - HC-KAR NC: 2025:KHC-D:10676 CRL.A No. 100439 of 2025 6. Accordingly, the following :- ORDER Criminal appeal is allowed. The respondent – Police or any other Police in the State of Karnataka are directed to release the appellants in the event of their arrest in Spl.C.No.493/2025 pending before the Court of III Addl. District & Sessions Judge, Belagavi arising out of Crime No.197 of 2025 registered by Athani Police Station, Belagavi District, for offences punishable under Sections 115(2), 351(2) & 352 R/w 3(5) of BNS, 2023 and Sections 3(1)(r), 3(1)(s) & 3(2)(V-a) of SC/ST (POA) Amendment Act, 2015, subject to the following conditions: i. The appellants shall execute a personal bond for a sum of Rs.1,00,000/- (one lakh only) each with two sureties for the like sum to the satisfaction of the investigating officer. ii. The appellants shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. iii. The appellants shall not tamper with the prosecution witness and they shall co-operate with - 7 - HC-KAR NC: 2025:KHC-D:10676 CRL.A No. 100439 of 2025 the police for investigation and appear before them whenever called upon. iv. The appellants shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE NMS CT:BCK LIST NO.: 1 SL NO.: 6