- 1 - HC-KAR NC: 2025:KHC-D:13217 CRL.A No. 100606 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL APPEAL NO. 100606 OF 2025 (U/S 14 A(2) OF SC AND ST ACT) BETWEEN: SHRI BASAVARAJ S/O. SHANKRAPPA JADAR, AGE. 29 YEARS, OCC. LABOUR, R/O. BELAVALKOPPA, TQ. SHIGGAON, DIST. HAVERI-581 205. … APPELLANT (BY SRI. U.J. HAVALDAR, ADVOCATE FOR SRI. S.S. BALLOLI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH HULAGUR POLICE STATION, HAVERI, TQ. SHIGGAON AND DIST. HAVERI, BY ITS STATION HOUSE OFFICER, THROUGH THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580 001. 2. SMT. NIRMALA D/O. KARIYAPPA HARIJAN, AGE. 28 YEARS, OCC. HOUSE HELP-HIRED, RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:13217 CRL.A No. 100606 of 2025 R/O. BELAVALKOPPA, TQ. SHIGGAON, DIST. HAVERI-581 205. 3. SMT. SAVITRI W/O PRAKASH HARIJAN, AGE. 30 YEARS, OCC. HOUSE WIFE, R/O. BELAVALKOPPA, TQ. SHIGGAON, DIST. HAVERI-581 205. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14A(2) OF SC/ST (POA) ACT, 1989, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 10/09/2025 PASSED BY THE LEARNED I ADDITIONAL DISTRICT AND SESSIONS JUDGE AND SPECIAL JUDGE AT HAVERI THEREBY REJECTING THE BAIL APPLICATION OF THE APPELLANT FOR THE COMMISSION OF OFFENCES PUNISHABLE UNDER SECTIONS 115(2), 126(2), 75(2), 76, 351(2) OF BHARATIYA NYAYA SANHITA, 2023 AND SECTIONS 3(1)(W)(I)(II), 3(2)(VA) OF THE SCHEDULED CASTES AND THE SCHEDULED TRIBES (PREVENTION OF ATROCITIES) AMENDMENT ACT, 2015 IN HULAGUR POLICE STATION CRIME NO.58/2025 AND ENLARGE THE APPELLANT ON BAIL. THIS APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:13217 CRL.A No. 100606 of 2025 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused in Crime No.58 of 2025 was registered by Hulagur Police Station, Haveri for offences punishable under Sections 115(2), 126(2), 75(2), 76 & 351(2) of BNS 2023 and Sections 3(1)(w)(i), 3(1)(w)(ii) & 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, is before this Court in this appeal 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.58 of 2025 was registered by Hulagar Police Station, Haveri for the aforesaid offences against the appellant herein based on the first information dated 30.08.2025 received from respondent No.2, who is the alleged victim in the present case. During the course of investigation, appellant herein was arrested on 31.08.2025 and subsequently remanded to judicial custody. His bail application filed before trial Court in Crime No.58 of 2025 was rejected on 10.09.2025, therefore he is before this Court. - 4 - HC-KAR NC: 2025:KHC-D:13217 CRL.A No. 100606 of 2025 3. Perusal of the averments found in first information would go to show that on 29.08.2025 at about 07:30 p.m., the appellant took the victim girl, who is the sister-in-law of the complainant in his motorbike and while he was proceeding in his motorbike, he allegedly touched the victim girl inappropriately with sexual intent and asked her to co-operate with him, for which the victim allegedly refused and therefore, the appellant allegedly slapped her and threatened her with their consequences. Complaint in respect of the alleged incident that had taken place on 29.08.2025 has been submitted by the sister-in-law of the alleged victim, aged about 28 years on 30.08.2025. Allegations found in the first information are prima facie not sufficient to invoke the offences punishable under the provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the accused. The other offences invoked against the accused are not of grave in nature. The appellant has no other criminal antecedents and he is in custody from 31.08.2025. Under the circumstances, prayer made by the appellant for grant of regular bail needs to be answered affirmatively. Accordingly, the following: - 5 - HC-KAR NC: 2025:KHC-D:13217 CRL.A No. 100606 of 2025 ORDER Criminal Appeal is allowed. The order dated 10.09.2025 passed by the Court of I Additional District and Sessions Judge and Special Judge, Haveri in Hulagur P.S. Crime No.58 of 2025 is hereby set aside. The appellant is directed to be enlarged on bail in Hulagur P.S. Crime No.58 of 2025 pending before the Court of I Additional District and Sessions Judge and Special Judge, Haveri, arising out of Crime No.58 of 2025 registered by Hulagur Police Station, Haveri, for offences punishable under Sections 115(2), 126(2), 75(2), 76 and 351(2) of BNS, 2023 and Sections 3(1)(w)(i), 3(1)(w)(ii) & 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, subject to the following conditions: i. The appellant shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of the jurisdictional Court; - 6 - HC-KAR NC: 2025:KHC-D:13217 CRL.A No. 100606 of 2025 ii. The appellant shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; iii. The appellant shall not directly or indirectly threaten or tamper with the prosecution witnesses; iv. The appellant shall not involve in similar offences in future; v. The appellant shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK & RSH / CT:BCK LIST NO.: 1 SL NO.: 15