- 1 - HC-KAR NC: 2025:KHC-D:17663 CRL.A No. 100713 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 9TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL APPEAL NO.100713 OF 2025 (U/S 14 A(2) of SC and ST ACT) BETWEEN: 1. SHRI. MUTTU @ MUTTAPPA S/O. SHRI. RAVI WADER, AGED ABOUT 22 YEARS, R/AT HADAGINHAL VILLAGE, TALUK. GOKAK, DISTRICT. BELAGAVI-591218. 2. SHRI. VARUN S/O. SHRI. MAHADEV WADER, AGED ABOUT 22 YEARS, R/AT. HADAGINHAL VILLAGE, TALUK. GOKAK, DISTRICT. BELAGAVI-591 218. …APPELLANTS (BY SRI. HAREESH S.NAYAK, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH KULAGOD POLICE STATION, DISTRICT. BELAGAVI BY ITS PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580001. 2. SHRI. SIDDAPPA S/O. HANAMANT DODAMANI, AGED ABOUT 45 YEARS, R/AT R.S. NO.70/5, UDAGATTI VILLAGE, TALUK. GOKAK, DISTRICT. BELAGAVI-591 218. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:17663 CRL.A No. 100713 of 2025 3. SMT. MUTTAVVA W/O. PRAKASH JEDAR, AGED ABOUT MAJOR, R/AT R.S. NO.70/5, UDAGATTI VILLAGE, TALUK. GOKAK, DISTRICT. BELAGAVI-591 218. 4. SHRI. BHIMAPPA S/O. HANAMANT DODAMANI, AGED ABOUT 45 YEARS, R/AT R.S. NO.70/5, UDAGATTI VILLAGE, TALUK. GOKAK, DISTRICT. BELAGAVI-591 218. 5. SMT. YALLAVVA W/O. HANAMANT DODAMANI, AGED ABOUT 45 YEARS, R/AT R.S. NO.70/5, UDAGATTI VILLAGE, TALUK. GOKAK, DISTRICT. BELAGAVI-591 218. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1; NOTICE TO R2 IS SERVED) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14(A)(2) OF SC/ST (POA) ACT, 1989, PRAYING TO SET ASIDE THE ORDER DATED 17.10.2025 PASSED BY THE III ADDL. SESSIONS JUDGE, BELAGAVI, IN CRL.MISC NO.1197/2025, WITH RESPECT TO THE APPELLANTS/ACCUSED NO.2 AND 3 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 115(2), 76, 352 R/W 3(5) OF THE BHARATIYA NYAYA SANHITA AND SECTIONS 3(1)(R), 3(1)(S), 3(2)(VA) OF THE SC/ST (POA) ACT, 1989 AND ENLARGE THE APPELLANTS /ACCUSED NO.2 AND 3 ON BAIL (ANTICIPATORY BAIL) IN CRIME NO.109/2025 OF KULAGOD POLICE STATION, BELAGAVI, REGISTERED DATED 08/09/2025 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 115(2), 76, 352 R/W 3(5) OF THE BHARATIYA NYAYA SANHITA AND SECTIONS 3(1)(R), 3(1)(S), 3(2)(VA) OF THE SC/ST (POA) ACT, 1989 AND DIRECT THAT IN THE EVENT OF THEIR ARREST, THE APPELLANTS SHALL BE RELEASED ON BAIL. THIS CRIMINAL APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:17663 CRL.A No. 100713 of 2025 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The appellants are arrayed as accused Nos.2 and 3 are before this Court seeking for grant of anticipatory bail in Crime No.109/2025 of respondent No.1/Police for the offence under Sections 115(2), 76, 352 r/w. Section 3(5) of the Bharatiya Nyaya Sanhita, 20231 and Sections 3(1)(r)(s) and 3(2)(v-a) of the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 19892. Brief facts of the case; 2. The case of the prosecution is that, a complaint came to be registered by Siddappa Hanamant Doddamani stating that he is the resident of Udagatti village of Gokak Taluk. He is residing along with his wife, mother and brothers in the said address. In the year 2000, it is stated 1 For short ‘BNS, 2023’ 2 For short ‘SC and ST Act’ - 4 - HC-KAR NC: 2025:KHC-D:17663 CRL.A No. 100713 of 2025 that he had purchased a land of one acre in Sy.No.70/5 and constructed the house and started residing in the said house. The appellants are residing abutting to the said land. There was a dispute between the appellants and the complainant in respect of the property which is the subject matter of this case. It is alleged that on 27.07.2025 around about 3:00 PM, when all the family members of the complainant were talking in front of the petty shop, accused No.1 and 2 by holding the sickle and stone in their hands came near the petty shop and started abusing the complainant and others by naming their caste and also assaulted them. 3. It is further stated that the appellant No.1 had insulted the family members of the complainant and went away. Again on 31.08.2025 around about 5:00 PM, when the complainant was standing near the Tea shop situated at Udagatti cross along with his friends, appellant Nos. 1 and 2 again started quarrelling with the complainant and assaulted him and caused injuries. It is further stated that - 5 - HC-KAR NC: 2025:KHC-D:17663 CRL.A No. 100713 of 2025 the complainant, some how, escaped from the clutches and ran away from the spot and lodged a complaint against the appellants. Based on the complaint, respondent No.1/Police have registered a case after conducting the investigation, submitted the charge-sheet. 4. Heard Sri.Harish S.Nayaka, learned counsel for the appellants and Sri. Praveen Y. Devareddiyavara, learned High Court Government Pleader for respondent No.1/State. 5. It is the submission of the learned counsel for the appellants that, on reading the averments of the complaint, no ingredients would attract the offences under the SC and ST Act, against the appellants. Though, it is alleged that earlier the appellants had insulted, assaulted and scolded by naming the caste of the complainant, no complaint was registered in respect of the said incident. However, subsequently, it is alleged that the appellants have scolded the complainant and his family members by naming the caste. - 6 - HC-KAR NC: 2025:KHC-D:17663 CRL.A No. 100713 of 2025 6. It is further submitted that, the present complaint is filed with an intention to pressurise the appellants to settle the civil dispute. It is further stated that, the appellant is studying in BAMS at Inchal of Saundatti Taluk, as on the date of alleged incident, he was residing in his Hostel situated at Inchal. To substantiate the said contention, the learned counsel for the appellants made available the endorsement issued by the Hostel warden to that effect. On perusal of the said document, it is appropriate to grant him bail by imposing suitable conditions. Making such submissions, he prays to allow the appeal. 7. Per contra, the learned High Court Government Pleader for respondent No.1-State vehemently submitted that, on reading the averments of the complaint, the said ingredients would attract the provision of SC and ST (POA) Act. As there is a bar under Section 18-A of the said Act, granting anticipatory bail, is forbidden. Therefore, the appeal has to be rejected. Making such submissions, - 7 - HC-KAR NC: 2025:KHC-D:17663 CRL.A No. 100713 of 2025 learned High Court Government Pleader prays to reject the appeal. 8. Having heard the learned counsel for the respective parties and on perusal of the averments of the complaint, it appears from the complaint that, there is a civil dispute existed between the appellants and the complainant. The appellants are residing abutting to the house of the complainant. Though, it is alleged that the appellants were scolding often by naming the caste. As per the averments of the complaint, on 31.08.2025, the appellants and others had assaulted the complainant and his family members and insulted them in public by naming the caste of the complainant. The fact remains that, no specific overt act is attributed against the appellants. The averments of the complaint would indicate the omnibus allegations. Therefore, it is appropriate to allow the appeal by imposing suitable conditions that would takecare the apprehension of the prosecution. 9. Hence, I proceed to pass the following: - 8 - HC-KAR NC: 2025:KHC-D:17663 CRL.A No. 100713 of 2025 ORDER (i) The appeal is allowed. (ii) The appellants are ordered to be enlarged on bail in the event of their arrest in Crime No.109/2025 of respondent No.1/Police on executing personal bond for a sum of Rs.1,00,000/- each with one surety each for the likesum to the satisfaction of the Trial Court subject to following conditions; (a) The appellants shall appear before the Jurisdictional Police within a period of one month from today to execute personal bond and also to furnish surety. (b) The appellants shall co-operate with investigation till filing of the charge-sheet. (c) The appellants shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. - 9 - HC-KAR NC: 2025:KHC-D:17663 CRL.A No. 100713 of 2025 (d) The appellants shall appear before the Trial Court on all hearing dates without fail. (e) The appellants shall not commit any criminal cases till disposal of the case. In case, if the appellants violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE PJ/CT: UMD List No.: 2 Sl No.: 13