- 1 - HC-KAR NC: 2025:KHC-D:11129 CRL.A No. 100442 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 1ST DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL APPEAL NO. 100442 OF 2025 (U/S 14 A(2) OF SC AND ST ACT) BETWEEN: 1. MALLAPPA S/O. SHIVAPPA HUDDAR, AGE. 30 YEARS, OCC. AGRICULTURE, R/O. SHIROL, TQ. MUDHOL, DIST. BAGALKOT-587 313. 2. RAJU @ KADAPPA S/O. MALLAPPA MUCHANDI @ BADAGI, AGE. 37 YEARS, OCC. AGRICULTURE, R/O. SHIROL, TQ. MUDHOL, DIST. BAGALKOT-587 313. 3. SHAN KAREPPA S/O. JATTEPPA GUDADINNI, AGE. 37 YEARS, R/O. TORAVI-586 108, TQ. AND DIST. VIJAYAPUR. … APPELLANTS (BY SRI. JAMBANAGOUD BASAVARAJ, ADVOCATE) AND: 1. THE STATE OF KARNATAKA (THROUGH MUDHOL P.S.), RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11129 CRL.A No. 100442 of 2025 R/BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH AT DHARWAD-580 011. 2. YALLAPPA S/O. BHARAMAPPA TALAGERI, AGE. 42 YEARS, OCC. AGRICULTURE, R/O. SHIROL-587 313, TQ. MUDHOL, DIST. BAGALKOT. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SMT.MONORAJNINI THOMASKUNDAL, ADVOCATE FOR R2) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14A(2) OF SC/ST (POA) ACT, PRAYING TO ALLOW THIS APPEAL, SET ASIDE THE ORDER DATED 30.06.2025 PASSED IN SPL. C. NO.03/2020 AND ENLARGE THE APPELLANTS/ACCUSED NOS.1, 14 AND 15 ON REGULAR BAIL PENDING ON THE FILE OF IV ADDITIONAL DISTRICT AND SESSIONS JUDGE AT BAGALKOT, CHARGE SHEETED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 302, 120(B), 143, 147, 148, 120(B) R/W 149 OF IPC AND UNDER SECTION 3(2) (VA) OF SC/ST ACT 1989, IN SO FAR APPELLANTS ARE CONCERNED ONLY, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:11129 CRL.A No. 100442 of 2025 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused nos.1, 14 & 15 in Spl. Case No.3/2020 pending before the Court of IV Addl. District & Sessions Judge, Bagalkot, arising out of Crime No.160/2019 registered by Mudhol Police Station, Bagalkot District, for the offences punishable under Sections 143, 147, 148, 120B, 302, 149 of IPC and Sections 3(2)(v-a) of the SC/ST (Prevention of Atrocities) Act, 1989, are before this Court in this successive appeal seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.160/2019 was registered by Mudhol Police Station, Bagalkot District, against 13 persons based on the first information dated 15.10.2019 received from Yallappa Talageri. During the course of investigation, appellants herein were arrested on 16.10.2019 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against the appellants herein and others for the alleged offences. Their bail application filed before the Trial Court was earlier rejected, and therefore, the appellant nos.2 & 3 had - 4 - HC-KAR NC: 2025:KHC-D:11129 CRL.A No. 100442 of 2025 approached this Court in Crl.P.No.100934/2020 c/w Crl.P.No.100845/2020 which were dismissed on 07.11.2020 taking into consideration that CWs-16 & 17 who are minor girls aged about 13 & 9 years, respectively, are eye-witnesses to the incident in question in which two persons viz., Vittal Baramappa Talageri and Malleppa Santappa Talager were brutally murdered by the appellants herein. Subsequently, accused no.1 had filed Crl.A.No.100360/2022 which was dismissed by a coordinate bench of this Court by a detailed order dated 19.09.2022. Thereafter, appellants had approached this Court in Crl.A.No.100290/2023 which was dismissed on merits taking into consideration the earlier orders passed in Crl.P.No.100934/2020 c/w Crl.P.No.100845/2020 and Crl.A.No.100360/2022. Thereafter, appellant no.3 had filed Crl.A.No.100231/2024 which was once again dismissed by order dated 20.09.2024 observing that the appellant is at liberty to file a fresh petition before the Sessions Court seeking bail on the ground of delay in conducting the trial. Thereafter, the accused persons had filed fresh bail application before the Trial Court seeking bail on the ground of delay in trial. The said application was rejected by the Trial Court - 5 - HC-KAR NC: 2025:KHC-D:11129 CRL.A No. 100442 of 2025 by order dated 30.06.2025. It is under these circumstances, the appellants are before this Court. 4. Learned Counsel for the appellants submits that the appellants are in custody from 16.10.2019. Till date, only 27 charge-sheet witnesses are examined out of the 139 charge- sheet witnesses cited in the present case. He submits that trial in the case is not likely to be completed in the near soon, and therefore, on the ground of delay in trial, the prayer for grant of regular bail needs to be allowed. In support of his arguments, he has placed reliance on the judgments of the Hon’ble Supreme Court in SLP (Crl.) No.6505/2023 (PRAVEEN RATHORE VS THE STATE OF RAJASTHAN & ANR.) disposed of on 06.10.2023, BHARAT JAYAWANT KURANE VS STATE OF KARNATAKA – MANU/KA/3372/2024, and the orders passed by this Court in Crl.P.No.927/2023 c/w Crl.P.No.9417/2023, Crl.P.No.9465/2023 disposed of on 16.07.2024. 5. It is the case of the prosecution that on 08.05.2019, the people belonging to upper community in Shirol village had trespassed into the house and properties of one Yellappa and others who belonged to scheduled caste category, and in respect - 6 - HC-KAR NC: 2025:KHC-D:11129 CRL.A No. 100442 of 2025 of the alleged incident, FIR in Crime Nos.79/2019 and 80/2019 was registered by Mudhol Police Station. Therefore, the accused persons who belonged to upper community had ill-will against Yellappa and others who belonged to scheduled caste category. On 15.10.2019, when Yellappa was near the police station, he received a phone call that his brother Vittal and his uncle Maleppa were murdered near the land belonging to one Shankara Kadappa Maranoor situated on Shirol-Kallolli road, and immediately thereafter, Yellappa and his other relatives went near the spot and found the dead body of the aforesaid two persons. On inquiry, CW-16 who is an eye-witness to the incident in question, allegedly informed to Yellappa about the act committed by the accused persons. It is under these circumstances, FIR in Crime No.160/2019 was registered by Mudhol police Station, Bagalkot District, based on the first information dated 15.10.2019 received from Yellappa. In the said case, appellants herein were arrested on 16.10.2019 and after completing investigation, charge sheet has been filed against the appellants for the aforesaid offences. - 7 - HC-KAR NC: 2025:KHC-D:11129 CRL.A No. 100442 of 2025 6. Perusal of the material available on record would go to show that the appellants had earlier approached this Court on multiple occasions and their prayer for regular bail have been dismissed by the coordinate benches by reasoned orders considering the seriousness and gravity of the crime in which two persons were murdered. CWs-16 & 17 who are minor girls are the alleged eye-witnesses to the incident in question. 7. It is brought to the notice of this Court that as on this date, 27 charge-sheet witnesses have been examined and CW-16 has been examined before the Trial Court as PW-27. According to the prosecution, she has completely supported the case of the prosecution. The said fact has not been seriously disputed by the learned Counsel for the appellants. 8. Learned Spl.PP has stated that CW-17 is yet to be examined in the present case and the prosecution could not examine her, since she is a school going girl. She submits that after the incident in question had taken place, the police are finding it difficult to maintain public peace in the village and ever since the date of incident, in order to maintain law and order in the village, District Armed Reserve Squad has been deployed in - 8 - HC-KAR NC: 2025:KHC-D:11129 CRL.A No. 100442 of 2025 the village and they have been continuously patrolling the village. She submits that CC TV cameras are also installed near the house of the complainant and others in the village apprehending danger to their lives. She has filed the affidavit of the Deputy Superintendent of Police, Jamakhandi Sub-Division, Bagalkot District, and in paragraphs 6 & 7 of the affidavit, it is stated as under: “6. I state that, in the interest and maintaining public peace law and order in the said village, well equipped DAR (District Armed Reserve) squad and local police personnel has been deployed continuously since from day of above said incidence along with the continuous patrolling in addition the department has installed CC camera in the complainant’s house and in the important places of the village and activities has been continuously monitored. I say that the Bagalkote District and Taluk administration has taken many preventative measures to prevent the further occurrence of the incidence. 7. I state that this incident has created hostile atmosphere in the Shirol village, causing enmity between and dalit and upper caste, and developed hatred for each other and waiting for the chance to take the revenge against each other if the accused are released on bail. There is every possibility that the scuffle will out between the family members of the - 9 - HC-KAR NC: 2025:KHC-D:11129 CRL.A No. 100442 of 2025 deceased and the accused and might attack each other, which disrupt public peace law and order in the village leading to the loss of life and damage to the public property.” 9. Considering the aforesaid aspects of the matter, more so the fact that CW-17 who is a eye-witness in the present case is yet to be examined, I am of the opinion that this is not a fit case wherein the appellants can be enlarged on bail at this stage. Learned Spl.PP has submitted that trial shall be conducted before the Trial Court on day-to-day basis and if nine months time is granted, the prosecution shall close its side of evidence and the matter itself can be disposed of on merits. 10. Though I am in complete agreement with the principles laid down in the judgments on which reliance has been placed by the learned Counsel for the appellants, the same cannot be made applicable to the facts and circumstances of the case, considering the fact that prime witness in the present case viz., CW-17 who is a minor girl is yet to be examined and the Investigation Officer has filed an affidavit not only apprehending law and order problem in the village, but also threat to the witnesses. Under the circumstances, I am not inclined to entertain the prayer - 10 - HC-KAR NC: 2025:KHC-D:11129 CRL.A No. 100442 of 2025 made in this appeal at this stage. Accordingly, the following order: 11. Criminal appeal is dismissed. The Trial Court is directed to conduct the trial on day-to-day basis and as undertaken by the learned Spl.PP, the examination of remaining prosecution witnesses shall be completed within a period of nine months from the date of receipt of certified copy of this order by the Trial Court, failing which the appellants are at liberty to file a fresh bail application before the Trial Court which shall be considered on merits without being influenced by this order. Sd/- (S.VISHWAJITH SHETTY) JUDGE KK CT:BCK LIST NO.: 1 SL NO.: 12