- 1 - NC: 2025:KHC-D:6603 CRL.A No. 100187 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.100187 OF 2025 BETWEEN: SRI. ISHAPPA S/O. HANAMANTAPPA VANDALI, AGE: 29 YEARS, OCC: FARMER, R/O: YADDONI VILLAGE, TQ: YELBURGA, DIST: KOPPAL, PIN – 583 283. …APPELLANT (BY SRI. ANAND R KOLLI, SRI. PRAVEEN KUMAR G., ADVOCATES) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD, THROUGH BEVOOR POLICE STATION, DIST: KOPPAL, PIN – 583 229. 2. SMT. H. SUGUN W/O. ISHAPPA VANDALI, AGE: 28 YEARS, OCC: HOUSEWIFE, R/O: YADDONI VILLAGE, NOW AT PRABHU CAMP KAMPLI, TQ: KAMPLI, DIST: VIJAYANAGAR, PIN – 591 222. …RESPONDENTS (BY SRI. ABHISHEK MALIPATIL, HCGP FOR R1; SRI HARSH DESAI, ADVOCATE FOR R2) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14(A(2) OF SC/ST ACT SEEKING TO SET ASIDE THE ORDER PASSED BY THE PRL. DISTRICT AND SESSION JUDGE KOPPAL IN SPL. C (SC/ST) NO. 01/2025 DATED 19.02.2025 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 115(2), 118(2), 189(2), 190, 191(2), 351(2), 352, 93 AND 85 OF BNS 2023 AND UNDER SECTIONS 3(1)(r), 3(1)(s) 3(1)(g), 3(2)(v-a) OF SC/ST ACT (IN CONNECTION WITH CRIME NO. Digitally signed by SAMREEN AYUB DESHNUR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:6603 CRL.A No. 100187 of 2025 116/2024 REGISTERED BY THE BEVOOR POLICE STATION) AND THE PETITIONER PRAYED THAT THIS HON’BLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER ON REGULAR BAIL IN THE INTEREST OF JUSTICE. THIS CRIMINAL APPEAL, COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT This appeal is filed by the appellant -accused No.1 praying to set aside the order dated 19.02.2025 passed in Spl.C.SC/ST No.1/2025 by the Principal District and Sessions Judge, Koppal wherein bail application of appellants –accused No.1 sought in respect of Crime No.116/2024 of Bevoor Police Station registered for offences punishable under Sections 85, 93, 115(2), 118(2), 189(2), 191(2), 352, 351(2) read with Section 190 of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as “BNS” for brevity) and Sections 3(1)(r), 3(1)(s), 3(1)(g) and 3(2)(Va) 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. - 3 - NC: 2025:KHC-D:6603 CRL.A No. 100187 of 2025 2. Heard learned counsel for appellants –accused No.1 learned counsel for respondent No.2 and learned High Court Government Pleader for respondent No.1 – State. 3. The case of the prosecution as narrated in Cl.No.17 of the charge is as under There was love affair between the appellant-accused No.1 and respondent No.2 –complainant and they married in the year 2018 at Virupakshwar Temple, Hampi and out of that wedlock one son by name Rakshith was born. It is alleged that appellant –accused No.1 in collusion with accused No.7 sold the child to accused Nos.8 and 9 for Rs.25,000/-. Accused No.7 keeping Rs.5,000/- gave remaining Rs.20,000/- to accused No.1. Thereafter, appellant –accused No.1 along with respondent No.2 – complainant registered their marriage in Register Office, Kampli on 21.09.2019. On coming to know the same, other accused who are family members of accused No.1 harassed and ill-treated the complainant and accused No.6 - 4 - NC: 2025:KHC-D:6603 CRL.A No. 100187 of 2025 told that she intends to marry accused No.1 and abused the complainant in filthy words. That on 02.11.2024 when complainant intimated to lead her life in agriculture land, at that time accused persons abused her by taking her caste name and harassed her physically and mentally. On the basis of the complaint filed by respondent No.2, a case came to be registered against appellant and others in Crime No.116/2024 of Bevoor Police Station for aforesaid offences. The appellant –accused No.1 who is in judicial custody has filed bail application and same came to be rejected by impugned order. The said order has been challenged by appellant –accused No.1 in this appeal. 4. Learned counsel for the appellant –accused No.1 would contend that maximum punishment provided for offence alleged against appellant –accused No.1 is imprisonment for seven years. As charge sheet is filed, this appellant –accused No.1 is not required for custodial interrogation. On these grounds, he prays to allow the appeal and grant bail to the appellant –accused No.1. - 5 - NC: 2025:KHC-D:6603 CRL.A No. 100187 of 2025 5. Learned High Court Government Pleader for respondent No.1 –State and learned counsel for respondent No.2 both submits that the appellant –accused No.1 harassed the complainant and offences alleged against him are serious offences. Accused persons including the appellant –accused No.1 have harassed the complainant and sold her child. Considering the said aspect, the appellant –accused No.1 is not entitled for grant of bail. With these, they prays for dismissal of the appeal. 6. Having heard learned counsels, this Court has perused the impugned order and charge sheet materials. 7. The accusation against the appellant –accused No.1 is that respondent No.2 –complainant is his wife and he sold their son for consideration. It is further alleged that appellant –accused No.1 along with other accused harassed the complainant and abused her by taking her caste name. The maximum punishment provided for offence alleged against appellant –accused No.1 is - 6 - NC: 2025:KHC-D:6603 CRL.A No. 100187 of 2025 imprisonment for 07 years. As charge sheet is filed, this appellant –accused No.1 is not required for custodial interrogation. The apprehension of the prosecution is that if the appellant –accused No.1 is granted bail he will threaten the complainant and other prosecution witnesses can be met with by imposing stringent conditions. The appellant –accused No.1 has made out grounds for setting aside the impugned order and grant of bail with conditions. 8. In the result, the following ORDER i. The appeal is allowed. ii. The impugned order dated 19.02.2025 passed in Spl.C.SC/ST No.1/2025 by the Principal District and Sessions Judge, Koppal is set aside. iii. The appellant –accused No.1 is granted bail in Crime No.116/2024 of Bevoor Police - 7 - NC: 2025:KHC-D:6603 CRL.A No. 100187 of 2025 Station pending in Spl.C.SC/ST No.1/2025 subject to the following conditions: a) The appellant –accused No.1 shall execute a personal bond for a sum of Rs.1,00,000/-(rupees One Lakh only) with one surety for the like sum to the satisfaction of the trial Court. b) The appellant –accused No.1 shall not threaten the complainant and other prosecution witnesses. c) The appellant –accused No.1 shall appear before the trial Court on all dates of hearing unless exempted and co-operate in speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP CT-ASC List No.: 1 Sl No.: 17