- 1 - HC-KAR NC: 2025:KHC-D:10409 CRL.A No. 100458 of 2025 C/W CRL.A No. 100477 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL APPEAL NO. 100458 OF 2025 C/W CRIMINAL APPEAL NO. 100477 OF 2025 (U/S 14 A(2) of SC and ST ACT) IN CRL.A. NO. 100458 OF 2025: BETWEEN: 1. SMT. AKSHATA S/O KARABASAPPA CHALAVADI, AGE. 34 YEARS, OCC. SOCIAL WORK, R/O. NAGENDRANAMATTI, HAVERI, TQ. AND DIST. HAVERI-581 110. 2. SHRI SHANTAPPA S/O ARUNA KORAVAR, AGE. 22 YEARS, OCC. COOLIE, R/O. KORAVAR ONI, HAVERI, TQ. AND DIST. HAVERI-581 110. 3. SHRI ARJUN S/O SHANTAPPA ARUNA KORAVAR, AGE. 20 YEARS, OCC. COOLIE, R/O. KORAVAR ONI, HAVERI, TQ. AND DIST. HAVERI-581 110. 4. SHRI SANJEEV S/O KRISHANAPPA KORAVAR @ KORAGAR, AGE. 29 YEARS, OCC. BUSINESS R/O. ASHWINI NAGAR, HAVERI, TQ. AND DIST. HAVERI-581 110. 5. SHRI PRAJAWAL S/O SHIVABASAYYA ADAVIMATH, AGE. 19 YEARS, OCC. COOLIE, R/O. JANGAMANAKOPPA AGADI, HAVERI, TQ. AND DIST. HAVERI-581 110. 6. SHRI GANESH S/O PARASHURAM BHAJANTRI, AGE. 22 YEARS, OCC. COOLIE, RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10409 CRL.A No. 100458 of 2025 C/W CRL.A No. 100477 of 2025 R/O. KORAVAR ONI, HAVERI, TQ. AND DIST. HAVERI-581 110. 7. SHRI MUKESH S/O LAHCHARAM CHOUDARI, AGE. 20 YEARS, OCC. COOLIE, R/O. RAJENDRA NAGAR, NEAR PROFESSIONAL COURIER BUILDING, HAVERI, TQ. AND DIST. HAVERI-581 110. 8. SHRI PUTNANJA S/O TIMMAPPA BHAJANTRI, AGE. 32 YEARS, OCC. COOLIE, R/O. KORAVAR ONI, HAVERI, TQ. AND DIST. HAVERI-581 110. … APPELLANTS (BY SRI. VIDYASHANKAR G. DALWAI, ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD, THROUGH HAVERI TOWN POLICE STATION, HAVERI-581 110. 2. SHRI SURESH S/O ASHOK BANGALORE, AGE. 43 YEARS, OCC. SWEEPER, R/O. AMBEDKAR CIRCLE, HAVERI, TQ. AND DIST. HAVERI-581 110. 3. SHRI RAJU S/O YALLAPPA DODDAMANI, AGE. 33 YEARS, OCC. SWEEPER, R/O. AMBEDKAR CIRCLE, HAVERI, TQ. AND DIST. HAVERI-581 110. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; R2 AND R3-SERVED AND UNREPRESENTED) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14 A(2) OF SC AND ST (POA) ACT 1989, PRAYING TO SET ASIDE THE DISMISSAL ORDER DATED 19.07.2025 IN CRIME NO.104/2025 PASSED BY THE I ADDL. DISTRICT AND SESSIONS JUDGE AND SPECIAL JUDGE HAVERI AND ENLARGE THE APPELLANTS/ACCUSED NO.1, 2, 3, 7, 11, 12, 13 AND 14 ON REGULAR BAIL IN CRIME NO.104/2025 OF HAVERI TOWN PS FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 191(2), 191(3), 109, 132, 115(2), 118(1), - 3 - HC-KAR NC: 2025:KHC-D:10409 CRL.A No. 100458 of 2025 C/W CRL.A No. 100477 of 2025 351(3) AND 352 R/W SECTION 190 OF BNS 2023 AND SECTION 3(1)(R) AND 3(2)(VA) OF SC/ST (PREVENTION OF ATROCITIES) ACT, IN THE EVENT OF ARREST. IN CRL.A. NO.100477 OF 2025: BETWEEN: PRATHAM S/O. SANJEEV GOLLAR, AGE. 20 YEARS, OCC. STUDENT, R/O. 2ND CROSS, NAGENDRANAMATTI, HAVERI-581 110, TQ. AND DIST. HAVERI. … APPELLANT (BY SRI. CHETAN MUNNOLI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT DHARWAD, THROUGH HAVERI TOWN POLICE STATION. 2. SURESH S/O. ASHOK BANGALORE, AGE. 43 YEARS, OCC. SWEEPER, R/O. AMBEDKAR NAGAR, HAVERI-581 110, TQ. AND DIST. HAVERI. 3. RAJU S/O. YALLAPPA DODDAMANI, AGE. 33 YEARS, OCC. SWEEPER, R/O. AMBEDKAR NAGAR, HAVERI-581 110, TQ. AND DIST. HAVERI. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; R2 AND R3-SERVED) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14 A(2) OF SC/ST ACT (POA) ACT, PRAYING TO SET ASIDE THE ORDER DATED 19.07.2025 PASSED ON APPLICATION SEEKING BAIL UNDER SECTION 483 OF BNSS, 2023, IN RESPECT OF HAVERI TOWN PS CRIME NO.104/2025 ON THE I ADDL. DISTRICT AND SESSIONS JUDGE AND SPECIAL JUDGE, AT HAVERI, AND THE TO ENLARGE THE APPELLANT/ACCUSED NO.4 ON BAIL IN HAVERI TOWN PS CRIME NO.104/2025 FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 191(2), 191(3), 109, 132, 115(2), 118(1), 351(3), 352, 190 OF BNS, 2023 AND SECTION 3(1)(R), 3(2)(VA) OF THE SC AND ST (PREVENTION OF ATROCITIES) AMENDED ACT 2015. - 4 - HC-KAR NC: 2025:KHC-D:10409 CRL.A No. 100458 of 2025 C/W CRL.A No. 100477 of 2025 THESE APPEALS ARE COMING ON FOR ORDERS THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused Nos.1 to 4 and 11 to 14 in Crime No.104 of 2025 registered by Haveri Town Police Station, Haveri, for offences punishable under Sections 189(2), 191(2), 191(3), 109, 132, 115(2), 118(1), 351(3), 352 and 190 of BNS 2023 and Sections 3(1)(r), 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 are before this Court in these two appeals filed under Section 14(A)(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 seeking regular bail. 2. Heard learned counsel for the appellants and the learned HCGP for respondent No.1. Respondent Nos.2 and 3, who are served in the matter, have remained unrepresented before this Court. - 5 - HC-KAR NC: 2025:KHC-D:10409 CRL.A No. 100458 of 2025 C/W CRL.A No. 100477 of 2025 3. FIR in Crime No.104 of 2025 was registered by Haveri Town Police Station, Haveri, for the aforesaid offences against Akashata K.C. and 9 others based on the first information dated 07.06.2025 received from Suresh s/o Ashok. During the course of investigation, appellants herein were arrested and in their remand application, they were arrayed as accused Nos.1 to 4 and 11 to 14. Their bail applications filed before the Jurisdictional Sessions Court was rejected and therefore they are before this Court in these two appeals seeking regular bail. 4. Learned counsel for the appellants having reiterated the grounds urged in the appeal memorandum submits that, injured victim has been discharged from the hospital and his condition is stable. The appellants herein do not have any criminal antecedents and multiple criminal cases are registered against them by the first informant and his accomplices only with an intention to wreck vengeance against them having regard to the incident that had taken place on 05.06.2025. Investigation - 6 - HC-KAR NC: 2025:KHC-D:10409 CRL.A No. 100458 of 2025 C/W CRL.A No. 100477 of 2025 of the case is already completed and charge sheet has been filed. Appellants are all working as daily wagers and they are the bread earners of their family. Accordingly, they pray to allow the appeals. 5. Per contra, learned HCGP has opposed the application. She submits that in addition to the present case, two other criminal cases are registered against the accused. Injured victim Rajesh Doddamani had suffered grievous injuries in the incident in question and he was admitted in a hospital for a considerable period of time. In the event appellants are enlarged on bail, they may tamper with the charge witnesses. Accordingly, she prays to dismiss the appeals. 6. Perusal of the material made available to this Court would go to show that on 05.06.2025 at about 10.00 am, when the Pourakarmikas working in Haveri Town Municipality, on the orders of the Commissioner of the Muncipality, went to remove a banner relating to the - 7 - HC-KAR NC: 2025:KHC-D:10409 CRL.A No. 100458 of 2025 C/W CRL.A No. 100477 of 2025 Birthday of accused No.2-Shantappa Koravar, accused No.2-Akshata K.C. allegedly had abused, Rangappa Herakal one of the Pourakarmikas referring to his caste and had assaulted him causing simple injuries. In respect of the alleged incident that had taken place on 05.06.2025, First Information Report in Crime No.103/2025 was registered by Haveri Town Police Station, Haveri against Akshata K.C., Shantappa Koravar and 4 others for the offences punishable under Sections 189(2), 191(2), 191(3), 115(2), 118(1), 351(3) and 352 r/w Section 190 of BNS 2023. 7. The accused in Crime No.103/2025 therefore had a vengeance against the Pourakarmikas of Haveri Town municipality and on 07.06.2025 at about 10.15 a.m., when the Pourakarmikas were near Venketeshwara Bar and Restaurant within the jurisdiction of Haveri Town police station, accused Nos.1 and 2 along with others came there and after abusing the first informant Suresh referring to his caste, allegedly assaulted another - 8 - HC-KAR NC: 2025:KHC-D:10409 CRL.A No. 100458 of 2025 C/W CRL.A No. 100477 of 2025 Pourakarmika by name Rajesh Doddamani with a cricket bat and with a broken beer bottle and caused grievous injuries to him. 8. In respect of the alleged incident that had taken place on 07.06.2025, FIR in Crime No.104/2025 was registered for the aforesaid offences against Akshata, Shantappa Koravar and 8 others. It appears that in the said case, the appellants herein were all arrested and remanded to judicial custody. After completion of investigation, charge sheet has been now filed against 16 accused persons. Appellants herein are arraigned as accused Nos.1 to 4 and 11 to 14 in the charge sheet. It appears that Rangappa Herakal, was present at the spot of crime on 05.06.2025, when the accused persons named in Crime No.103/2025, had abused the Pourakarmikas and assaulted them causing simple reason. Subsequently, he had committed suicide on 19.06.2025. His son Rakesh had reported to police on 23.06.2025, and based on his first information, FIR in Crime No.113/2025 was registered - 9 - HC-KAR NC: 2025:KHC-D:10409 CRL.A No. 100458 of 2025 C/W CRL.A No. 100477 of 2025 against Akshata K.C. Shantappa Koravar and others, for the offences punishable under Sections 182(2), 191(2), 108, 351(3), 352 and 190 BNS 2023 and Sections 3(1)(r), 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. Except the above said three cases, undisputedly, the accused in the present case do not have any other criminal antecedents. 9. Insofar as Crime No.104/2025 is concerned, allegation of assaulting injured victim Rajesh Doddamani with a broken beer bottle is only against accused No.2. Accused Nos.3, 4, 11 and 13 allegedly had assaulted Rajesh Doddamani with a bat on his body and other accused persons had assaulted him with their hands and legs. The grievous injury suffered by the injured victim Rajesh Doddamani appears to be as a result of assault made by accused No.2 who is in custody from 08.06.2025. 10. Injured victim Rajesh Doddamani was shifted to a Government Hospital at Haveri, immediately after he - 10 - HC-KAR NC: 2025:KHC-D:10409 CRL.A No. 100458 of 2025 C/W CRL.A No. 100477 of 2025 was assaulted on 07.06.2025 by the aforesaid accused and thereafter, he was shifted to KIMS Hospital, Hubli and he was admitted in the said hospital for a period of 8 days. His discharge summary issued by KIMS Hospital, Hubli would go to show that as on the date of his discharge, his condition was stable and his discharge was normal. So far as the FIR registered in Crime No.113/2025 is concerned, as on the date of Rangappa committing suicide on 19.06.2025, the accused were all in custody. He has allegedly committed suicide on 19.06.2025 for the reason that he was abused with reference to his caste on 05.06.2025. Though Rangappa had committed suicide on 19.06.2025 First Information Report has been registered on 23.06.2025. 11. So far as the present case is concerned, investigation of the case is already completed and charge sheet has been filed. Injured victim has been discharged from hospital and his condition is stable. Except the aforesaid three cases, which revolve around the incident - 11 - HC-KAR NC: 2025:KHC-D:10409 CRL.A No. 100458 of 2025 C/W CRL.A No. 100477 of 2025 which had taken place on 05.06.2025, in which accused had abused and assaulted the Pourakarmikas for the reason that they attempted to remove the banner, the accused have no other criminal antecedents. 12. Under the circumstances, I am of the opinion that the prayer sought by the appellants is to be answered in the affirmative. Accordingly, the following: ORDER i. Criminal Appeals are allowed. ii. The order dated 19.07.2025 passed by the I Additional District and Sessions Judge and Special Judge, Haveri in Crime No.104 of 2025 registered by Haveri Town Police Station, Haveri, insofar as it relates to rejection of the regular bail application filed the appellants herein is hereby set aside and the appellants are directed to be enlarged on bail, subject to the following conditions: a. The appellants shall execute personal bond for a sum of Rs.1,00,000/- each with 2 - 12 - HC-KAR NC: 2025:KHC-D:10409 CRL.A No. 100458 of 2025 C/W CRL.A No. 100477 of 2025 sureties for the likesum to the satisfaction of the jurisdictional Court; b. The appellants shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; c. The appellants shall not directly or indirectly threaten or tamper with the prosecution witnesses; d. The appellants shall not involve in similar offences in future. e. The appellants 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, VMB CT:BCK List No.: 1 Sl No.: 16