- 1 - HC-KAR NC: 2025:KHC-D:17789 CRL.A No. 100778 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 10TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL APPEAL NO.100778 OF 2025 (U/S 14 A(2) of SC and ST ACT) BETWEEN: RAJAPPA @ RAJAPPA B S/O. CHANDRAPPA B., AGE. 36 YEARS, OCC. FARMER, R/O. KANAVI VILLAGE, HARANAPAHALLI TQ, VIJAYANAGARA DIST. 582117. …APPELLANT (BY SRI. B. ANWAR BASHA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH HADAGALI POLICE STATION, VIJAYANAGAR, REPRESENTED BY STATE PUBLIC PROSECUTOR, DHARWAD-580001. 2. DURUGAMMA W/O. ERAPPA, AGE. 45 YEARS, OCC. LABOURER, R/O. HONNANAYAKANAHALLI VILLAGE, HUVINAHADAGALI TQ, VIJAYANAGARA-582119. …RESPONDENTS (BY SRI. JAIRAM SIDDI, HCGP FOR R1; NOTICE TO R2 IS DISPENSED WITH) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14 (A) (2) OF THE SC AND ST ACT, PRAYING TO, ALLOW THIS APPEAL AND SET ASIDE THE ORDER PASSED BY THE DISTRICT AND SESSIONS JUDGE BALLARI DATED 24.10.2025 ENLARGE THE APPELLANT/ACCUSED NO.1 ON BAIL IN SPL CASE NO.169/2025 IN CONNECTION WITH CRIME NO.169/2024 REGISTERED IN HADAGALI POLICE STATION, FOR THE OFFENCES 103, 3(5), 70(1), 54, 61, 238 OF BNS AND SECTION 3(2) (V) OF SC/ST ACT, 1989, PENDING TRIAL OF THE CASE BEFORE 1ST ADDL. DISTRICT AND SESSIONS JUDGE F.T.S.C-I BALLARI. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:17789 CRL.A No. 100778 of 2025 THIS CRIMINAL APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. Appellant/accused No.1 in Special Case No.169/2025, pending before the Court of Additional District and Sessions Judge, FTSC I, Ballari, is before this Court seeking for grant of regular bail in Crime No.169/2024 of respondent-police registered for offences punishable under Sections 103, 70(1), 54, 61, 238 read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Brief facts of the case: 2. The case of the prosecution is that, FIR in Crime.169/2024 was registered by Hadagali Police Station, Vijayanagara, initially for the offences punishable under Sections 103 read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 3(2)(v) of the Scheduled Castes - 3 - HC-KAR NC: 2025:KHC-D:17789 CRL.A No. 100778 of 2025 and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against accused Nos.1 and 2, based on the first information dated 27.12.2024 received from Smt. Durugamma, who is the sister of deceased Uramma @ Sudha. During the course of investigation of the case, the appellant herein was arrested on 28.12.2024 and subsequently, remanded to judicial custody. The respondent-police after completing investigation, submitted the charge sheet. 3. Heard Sri. B. Anwar Basha, learned counsel for the appellant and Sri. Jairam Siddi, learned High Court Government Pleader for respondent No.1-State. 4. The submission of learned counsel for the appellant is that the appellant is innocent of the alleged offences and he has been falsely implicated in this case. There is no overt - act attributed against the appellant. The appellant is working as farmer and permanent resident of Kanavi village, Harapanahalli Taluk. The appellant is ready to abide by the conditions imposed by this Court in the - 4 - HC-KAR NC: 2025:KHC-D:17789 CRL.A No. 100778 of 2025 event of his release on bail. Making such submissions, learned counsel for the appellant prays to allow the appeal. 5. Per contra, learned High Court Government Pleader for respondent No.1-State vehemently submitted that the appellant is involved for the offence punishable under Section 302 of IPC. The appellant/accused No.1 made conspiracy with accused No.2 to eliminate the deceased. If the appellant is enlarged on bail, there may be chances of committing similar offence. Therefore, it is not appropriate to grant him bail. Making such submissions, learned High Court Government Pleader prays to reject the appeal. 6. Having considered the submissions of learned counsel for the respective parties and on perusal of the averments of the charge sheet, it appears that the deceased Smt. Sudha was the sister of C.W.1. They belongs to Valmiki community and the residents of Emminganuru Village, Holalkere Taluk. 7. Accused Nos. 1 and 2 were appointing the husband of the deceased to take care of sheep. The - 5 - HC-KAR NC: 2025:KHC-D:17789 CRL.A No. 100778 of 2025 deceased was staying alone in the village. It is alleged that accused Nos. 1 to 3 taking an advantage of loneliness of the woman who were continuing sexual intercourse with her and they used to take her to forest to commit sexual intercourse. 8. It is further stated that accused Nos. 1 to 3 have married with their respective wives and having children of their own, as a result of which they were neglecting the deceased Smt. Sudha. However, she was threatening them that she would disclose the facts to their family members and she was insisting them to continue illicit relationship with her. Being frustrated about the demand of the deceased, it is alleged that they have killed the deceased, however, the entire case is rest on circumstantial evidence. None of the witnesses have spoken about the presence of the accused to commit the murder of the deceased, at the same time, the prosecution is not brought any documents or records to demonstrate that the appellant had committed murder of the deceased. Hence, I am of the considered - 6 - HC-KAR NC: 2025:KHC-D:17789 CRL.A No. 100778 of 2025 opinion that the appellant has made out a case to grant him bail. Hence, I proceed to pass the following: ORDER (i) The Criminal Appeal is allowed. (ii) The order dated 24.10.2025 passed in Special Case No.169/2025, is hereby set aside. (iii) The appellant/accused No.1 is directed to be enlarged on bail in Crime No.169/2024 of respondent-police subject to the following conditions: (a) The appellant shall execute personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the Trial Court. (b) The appellant shall not threaten or tamper the prosecution witnesses - 7 - HC-KAR NC: 2025:KHC-D:17789 CRL.A No. 100778 of 2025 nor hamper the proceedings of the Court. (c) The appellant shall appear before the Trial Court on all hearing dates without fail. In case, if the appellant 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 SMM/CT: UMD List No.: 1 Sl No.: 2