- 1 - HC-KAR NC: 2025:KHC-D:8067 CRL.A No. 100283 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL APPEAL NO.100283 OF 2025 BETWEEN: SRI NAGARAJ @ B. NAGAPPA S/O. SHIVAPPA, AGE 28 YEARS, OCCUPATION: FARMER, RESIDING AT KANVI VILLAGE, TALUK: HARAPANAHALLI-583131, DISTRICT: VIJAYANAGAR. …PETITIONER (BY SRI NEELENDRA D. GUNDE, ADVOCATE) AND: 1. STATE OF KARNATAKA BY HADAGALI POLICE STATION REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING , DHARWAD: 580 001. 2. SMT. DURGAMMA W/O. ERAPPA, AGE 45 YEARS, OCCUPATION: LABOUR, RESIDING AT HONNANAYAKANAHALLI VILLAGE HUVINAHADAGALI TALUK: 571422, DISTRICT: VIJAYANAGAR. …RESPONDENTS (BY SRI JAIRAM SIDDI, H.C.G.P., FOR R1; R-2 IS SERVED) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14A(2) OF THE SC/ST (POA) ACT PRAYING TO SET ASIDE THE ORDER IN SPL. C.NO.169/2025 PASSED BY THE LEARNED ADDL. DISTRICT AND SESSIONS JUDGE FTSC-BALLARI DATED 08.04.2025 BEGING TRIED FOR THE OFFENCES PUNISHABLE UNDER SECTION 103, 3(5), 70(1), 54, 61, 238 OF BNS AND SECTION 3(2) (V) OF SC-ST ACT, IN CRIME NO.169/2024 OF HADAGALI P.S. POLICE AND GRANT BAIL, IN THE INTEREST OF JUSTICE AND EQUITY. THIS CRIMINAL APPEAL IS COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING: Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:8067 CRL.A No. 100283 of 2025 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) The appellant/accused No.3 has filed this appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, praying to set aside the order dated 8-4-2025 passed by the Additional District and Sessions Judge, FTSC-I, Ballari, in Special Case No.169 of 2025 for the offences punishable under Sections 103, 3(5), 70(1), 54, 61 and 238 of the Bharatiya Nyaya Sanhita, 2023, and under Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, whereby the application filed by the appellant seeking bail has been rejected. 2. The brief facts of the prosecution case are that, the complainant's sister, by name, Uramma (deceased) had an illicit relationship with accused Nos.1 and 2. Therefore, accused Nos.1 to 3 made criminal conspiracy to eliminate the deceased and hence, on 9-11-2024, accused No.3 provided his Hero HF Deluxe motorcycle to bring the - 3 - HC-KAR NC: 2025:KHC-D:8067 CRL.A No. 100283 of 2025 deceased. Accordingly, accused Nos.1 and 2 went to Hadagali Village and brought the deceased on the said motorcycle, took her to Hyarada Reserve Forest area at 11:30 p.m., where accused Nos.1 and 2 had sexual intercourse with the deceased and thereafter, they committed murder of the deceased by tying her neck with her veil and thrown her dead body in the forest area. Hence, the first informant lodged the complaint, which led to registration of First Information Report and investigation. During the course of investigation, the appellant was arrested and in turn, he was remanded to the judicial custody. 3. Heard Sri Neelendra D. Gunde, learned counsel for the appellant, and Sri Jairam Siddi, learned High Court Government Pleader for respondent No1-State. Notice to respondent No.2 is duly served, but remained absent. 4. Learned counsel for the appellant has contended that the appellant is innocent and he has been falsely implicated in this case. There is no overt act alleged - 4 - HC-KAR NC: 2025:KHC-D:8067 CRL.A No. 100283 of 2025 against him and nothing is recovered from the appellant. The only allegation is that the appellant provided his motorcycle to accused Nos.1 and 2 and prior to the incident, the appellant made criminal conspiracy with accused Nos.1 and 2. The appellant is ready to abide by any conditions imposed by this Court. Hence, he prayed for allowing the appeal. 5. Per contra, the learned High Court Government Pleader has filed the statement of objections contending that the appellant is involved in the offence punishable under Section 302 of the Indian Penal Code, 1860. There is prima-facie case against him. The appellant also had affair with the deceased and he made criminal conspiracy with accused Nos.1 and 2 to eliminate the deceased. Thus, he prayed for dismissal of the appeal. 6. Perused the material available on record. The Investigating Officer, after completion of the investigation, has filed the charge-sheet. As per the charge-sheet material, accused Nos.1 and 2 took the deceased in the - 5 - HC-KAR NC: 2025:KHC-D:8067 CRL.A No. 100283 of 2025 motorcycle of accused No.3 to the forest area, where they committed sexual intercourse on the deceased and thereafter, committed murder by tying her neck with veil and thrown the dead body in the forest area. 7. As per the allegations made in the charge-sheet, the appellant provided his motorcycle to accused Nos.1 and 2. From perusal of the statement of all the charge- sheeted witnesses, none of the witnesses has stated about the role played by the appellant, except the voluntary statement recorded by the Investigating Officer. On perusal of the entire prosecution papers, at this juncture, there is no material against accused No.3 to attract Section 302 of the Indian Penal Code, 1860. The main allegation is against accused Nos.1 and 2. 8. Now, the investigation is completed and charge- sheet is filed. Considering the nature of allegations, gravity of offence, circumstances in which the offence is committed, position and status of the appellant with reference to the victim and witness, likelihood of fleeing - 6 - HC-KAR NC: 2025:KHC-D:8067 CRL.A No. 100283 of 2025 away from justice, or repeating the offence by the appellant, the possibility of tampering with the witnesses, character and antecedents of the appellant, this Court is of the opinion that the appellant is entitled for bail. Accordingly, I proceed to pass the following O R D E R I. Criminal appeal is allowed. II. The order dated 8-4-2025 passed by the Additional District and Sessions Judge, FTSC-I, Ballari, in Special Case No.169 of 2025, is hereby set aside. III. The appellant/accused No.3 is ordered to be enlarged on bail in Special Case No.169 of 2025 registered for the offences punishable under Sections 103, 3(5), 70(1), 54, 61 and 238 of the Bharatiya Nyaya Sanhita, 2023, and under Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, pending on the file of the Additional District and Sessions Judge, FTSC-I, Ballari, subject to the following conditions: - 7 - HC-KAR NC: 2025:KHC-D:8067 CRL.A No. 100283 of 2025 i. The appellant shall execute a personal bond in a sum of Rs.2,00,000/- (Rupees two lakh only) with two sureties for the likesum to the satisfaction of the trial Court; ii. The appellant shall not directly or indirectly threaten or tamper with the prosecution witnesses; iii. The appellant shall appear before the trial Court on all dates of hearing without fail, and iv. The appellant shall not indulge in any similar offences. It is made clear that the above observations made herein are only for disposal of the present appeal and the trial Court shall decide the matter without being influenced by any observations made herein. Sd/- (VENKATESH NAIK T) JUDGE KVK List No.: 1 Sl No.: 20