- 1 - HC-KAR NC: 2025:KHC-D:9521 CRL.A No. 100394 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL APPEAL NO. 100394 OF 2025 (U/S 14 A(2) OF SC AND ST ACT) BETWEEN: YOGISHA @ D. YOGISHA S/O. D. DYAMAPPA, AGE: 26 YEARS, R/O: KANAVI VILLAGE, TQ: HARAPANAHALLI, DIST: VIJAYANAGARA. … APPELLANT (BY SRI. J.S. SHETTY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY HADAGALI P.S. AUTHORITIES, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD. 2. SMT DURUGAMMA W/O. LATE IRAPPA, AGE: 45 YEARS, R/O: HONNANAYAKANAHALLI VILLAGE, TQ: HUVINA HADAGALI, DIST: VIJAYANAGARA. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. HARSHWARDHAN M. PATIL, ADVOCATE FOR R2) THIS CRIMINAL APPEAL IS FILED UNDER SECTION14A(2) OF SC AND ST (POA) ACT, PRAYS THAT ORDER DATED 03.06.2025, PASSED BY THE ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-I, BALLARI, IN SPECIAL CASE NO.169/2025, ON THE APPLICATION FILED BY THE PETITIONER BE SET ASIDE AND HE BE RELEASED ON REGULAR BAIL, IN SPL. C. NO.169/2025 HADAGALI P.S. IN CRIME NO.169/2024 FILED AGAINST APPELLANT/ACCUSED NO.2, FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 103, 70(1), 54, 61, 238 R/W SECTION 3(5) OF THE BNS ACT, AND UNDER SECTION 3(2)(V) OF THE SCHEDULED CASTE AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, BY ALLOWING THIS CRIMINAL APPEAL, IN THE ENDS OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:9521 CRL.A No. 100394 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) Accused No.2 in Special Case No.169/2025, pending before the Court of Additional District and Sessions Judge, FTSC I, Ballari, arising out of Crime No.169/2024 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, is before this Court in this appeal filed under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime.169/2024 was registered by Hadagali Police Station, Vijayanagara initially for offences punishable under Sections 103 read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of - 3 - HC-KAR NC: 2025:KHC-D:9521 CRL.A No. 100394 of 2025 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, appellant here was arrested on 28.12.2024 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against three persons. Appellant is arrayed as accused No.2 in the charge sheet. His bail application filed before the Trial Court in Special Case No.169/2025 was rejected. Therefore, this appellant is before this Court. 4. Learned counsel for the appellant has reiterated the grounds in the appeal memorandum, has prayed to allow the appeal. 5. Per contra, learned HCGP and learned counsel for the respondent No.2 have opposed the prayer made in the appeal. They submit that there are strong - 4 - HC-KAR NC: 2025:KHC-D:9521 CRL.A No. 100394 of 2025 circumstances connecting the appellant to the crime. Accordingly, they prayed to dismiss the appeal. 6. Perusal of the material on record would go to show that FIR in Crime No.155/2024 was initially registered by Hadagali Police Station after a missing complaint was filed by the first informant in the present case alleging that her sister Uramma @ Sudha was found missing from 09.11.2024 onwards. Subsequently the dead body of Uramma @ Sudha was traced and thereafter, FIR in Crime No.169/2024 was registered by Hadagali Police Station, Vijayanagara for offences punishable under Sections 103 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 against Nos.1 and 2. Since the first informant suspected the hand of the said accused in the death of her sister, during the course of investigation, appellant hereinafter who was arrayed as accused No.2 in the FIR was arrested on 28.12.2024. After completing - 5 - HC-KAR NC: 2025:KHC-D:9521 CRL.A No. 100394 of 2025 investigation, charge sheet has been filed against three persons. In the charge sheet, it is alleged that accused Nos.1 and 2 had illicit relationship with deceased Uramma @ Sudha. Subsequently, accused Nos.1 to 3 got married and thereafter, they did not intend to continue their illicit relationship with deceased Uramma @ Sudha. Deceased allegedly insisted for continuation of the illicit relationship and threatened that otherwise she will inform the same to the relatives of the accused and also the villagers. It is under the circumstances accused Nos.1 to 3 conspired to commit the murder of the deceased and in furtherance of such a conspiracy on 09.11.2024, accused Nos.1 and 2 had strangulated the neck of deceased and committed her murder and thereafter, her dead body was disposed off and accused Nos.1 and 2 had informed accused No.3 about the murder of the deceased committed by them. The dead body of deceased was recovered on 27.12.2024 and thereafter, the FIR was registered against accused Nos.1 and 2 solely on the basis of suspicion that first - 6 - HC-KAR NC: 2025:KHC-D:9521 CRL.A No. 100394 of 2025 informant was against them. The entire case of the prosecution is based on circumstantial evidence. Investigation of the case is completed. Appellant has no other criminal antecedent. Material on record would go to show that he is a married man having family. Accused No.3 has been enlarged on bail in the present case and accused No.1 is said to be in custody. The Trial Court is said to commence the trial. Under the circumstances, I am of the view that without expressing any opinion on the merits and demerits of the case, prayer made by the appellant for grant of regular bail needs to be answered affirmatively. Accordingly, the following: ORDER Criminal Appeal is allowed. The order dated 03.06.2025 passed by the Court in Special Case No.169/2025 rejecting the regular bail application of accused No.2 – appellant is set aside and - 7 - HC-KAR NC: 2025:KHC-D:9521 CRL.A No. 100394 of 2025 the accused No.2 – appellant is directed to be enlarged on bail in Special Case No.169/2025, pending before the Court of Principal District and Sessions Judge, FTSC 1, Ballari, arising out of Crime No.169/2024 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, 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; 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; - 8 - HC-KAR NC: 2025:KHC-D:9521 CRL.A No. 100394 of 2025 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) RSH CT:BCK LIST NO.: 1 SL NO.: 9