- 1 - HC-KAR NC: 2025:KHC-D:13223 CRL.A No. 100540 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL APPEAL NO. 100540 OF 2025 (U/S 14 A(2) OF SC AND ST ACT) BETWEEN: 1. KIRAN S/O UMESH CHOUDAPPANAVAR, AGED ABOUT 29 YEARS, OCC. WAITER, R/O. ALAKATTI, TQ. YARAGTTI, DIST. BELAGAVI-591 129. 2. ROHIT S/O YALLAPPA DHARWAD, AGE. 25 YEARS, OCC. TILES FITTING, R/O. HOUSE NO.96, 4TH CROSS, AASHRAY COLONY, RUKMINI NAGAR, BELAGAVI-590 016. 3. OMKAR S/O JANARDHAN ILLAGE, AGE. 24 YEARS, OCC. PLUMBING, R/O. ILLAGE GALLI, CHANDAGAD, TQ. CHANDGAD, DIST. KOLAHAPUR, MAHARASHTRA STATE. … APPELLANTS (BY SRI. GURUKIRAN ASHOK HANAGANDHI, ADVOCATE) AND: 1. STATE OF KARNATAKA, THROUGH MALAMARUTHI P.S. BELAGAVI, R/BY LEARNED HCGP, HIGH COURT OF KARNATAKA, BENCH AT DHARWAD. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:13223 CRL.A No. 100540 of 2025 2. SHRI RAJU SON OF BHAIRU NAIK, AGED 34 YEARS, R/O. H.NO.486/B/2, VAJANTRI GALLI, HONAGA, TQ. AND DIST. BELAGAVI-591 156. 3. SHRI PRASHANT S/O SIDDARAYI SATYANAIK, R/O. RAMTEERTH NAGAR, BELAGAVI-590 001. 4. SHRI GOVIND TIWARI, R/O. RAMTEERTH NAGAR, BELAGAVI-590 001. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; R2, R3 AND R4 ARE SERVED AND UNREPRESENTED) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14-A(2) OF SC / ST (POA) ACT, 1989, PRAYING TO GRANT REGULAR BAIL TO THE APPELLANTS/ACCUSED NOS.1, 3 AND 4 PURSUANT TO AN FIR REGISTERED BY MALAMARUTHI POLICE STATION CRIME NO.89/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 115(2), 109, 352, 351(3), 3(5) OF BHARATIYA NYAYA SANHITA, 2023 AND IN SC / ST (POA) AMENDMENT ACT, 2015 UNDER SECTIONS 3(1)(R), 3(1)(S), 3(2)(V), 3(2)(VA) AND INDIAN ARMS ACT, 1959 UNDER SECTION 27(1) AND SET ASIDE THE ORDER DATED 14.08.2025 PASSED IN CRL. MISC. NO.756/2025 BY III ADDL. DISTRICT AND SESSIONS COURT, BELAGAVI DISTRICT, BELAGAVI, IN RESPECT OF APPELLANTS (A1, A3 AND A4) HEREIN, ENDS OF PROMOTING JUSTICE. THIS APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:13223 CRL.A No. 100540 of 2025 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused Nos.1, 3 and 4 in Crime No.89 of 2025 registered by Malamaruthi Police Station, Belagavi, for offences punishable under Sections 115(2), 109, 352, 351(3), 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 3(1)(r), 3(1)(s), 3(2)(v), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 and Section 27(1) of Indian Arms Act, 1959, are before this Court in this appeal filed under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, seeking regular bail. 2. FIR in Crime No.89 of 2025 was registered by Malamaruthi Police Station, Belagavi, for the aforesaid offences against Kiran and others, based on the first information dated 03.06.2025 received from Raju Bairu Naik, who is one of the injured victims in the present case. During the course of investigation, appellants herein were arrested on 03.06.2025 and in their remand application, - 4 - HC-KAR NC: 2025:KHC-D:13223 CRL.A No. 100540 of 2025 they were arraigned as accused Nos.1, 3 and 4. Their bail application filed before the Jurisdictional Sessions Court in Criminal Miscellaneous No.756 of 2025 was rejected on 14.08.2025. Therefore, they are before this Court. 3. Heard the learned counsel for the appellants and learned HCGP for respondent No.1. Respondent Nos.2, 3 and 4, who are the first informant and the victims respectively, in the present case, are served and unrepresented before this Court. 4. Perusal of the averments found in the first information submitted by one of the injured victim would go to show that on 02.06.2025 at about 10:00 p.m., the injured in the present case had gone to Ashirwad Bar and Restaurant for a party. Accused No.1 is said to be working as a waiter in the said bar and restaurant. Accused No.1 and other waiters allegedly had quarrelled with the victims in the present case over the issue of using tissue papers and thereafter, at about 11.30 p.m., outside the aforesaid - 5 - HC-KAR NC: 2025:KHC-D:13223 CRL.A No. 100540 of 2025 bar and restaurant, the accused persons allegedly had abused the victims referring to their caste and had assaulted them. In the alleged assault, Prashant Siddarayi Satyanaik has suffered grievous injuries and other two victims have suffered simple injuries. Prashant Siddarayi Satyanaik has suffered 14 grievous injuries in the present case and he was admitted in the hospital for a period of nearly 11 days. Allegation of assaulting Prashant Siddarayi Satyanaik with a dragger is found against accused No.2, who is the brother of accused No.1. So far as appellants herein are who are arraigned as accused Nos.1, 3 and 4 in the present case are concerned, there is no allegation against them about assaulting the injured victims with any weapons. 5. Undisputedly, the appellants herein do not have criminal antecedent. Investigation of the case is completed and charge sheet has been filed. Therefore, I am of the opinion that prayer made by the appellants for grant of - 6 - HC-KAR NC: 2025:KHC-D:13223 CRL.A No. 100540 of 2025 regular bail needs to be answered affirmatively. Accordingly, the following: ORDER Criminal Appeal is allowed. The order dated 14.08.2025 passed by the Court of III Additional Sessions Judge, Belagavi in Criminal Miscellaneous No.756 of 2025, as against the appellants herein, is hereby set aside. The appellants are directed to be enlarged on bail in Criminal Miscellaneous No.756 of 2025 pending before the Court of III Additional Sessions Judge, Belagavi, arising out of Crime No.89 of 2025 registered by Malamaruthi Police Station, Belagavi, for offences punishable under Sections 115(2), 109, 352, 351(3), 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 3(1)(r), 3(1)(s), 3(2)(v), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 and Section 27(1) of Indian Arms Act, 1959, subject to the following conditions: - 7 - HC-KAR NC: 2025:KHC-D:13223 CRL.A No. 100540 of 2025 i. The appellants shall execute personal bond for a sum of Rs.1,00,000/- each with two sureties each for the like sum to the satisfaction of the jurisdictional Court; ii. The appellants shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; iii. The appellants shall not directly or indirectly threaten or tamper with the prosecution witnesses; iv. The appellants shall not involve in similar offences in future; Sd/- (S.VISHWAJITH SHETTY) JUDGE RSH / CT: BCK LIST NO.: 1 SL NO.: 11