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2025 DAILYLAW 60596 (KAR)

VAMSHI S/O SATYANARAYANA v. THE STATE OF KARNATAKA

CRL.A/100499/2025 · 2025-09-04

S Vishwajith Shetty

Criminal Appealbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:11331 CRL.A No. 100499 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 4TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL APPEAL NO. 100499 OF 2025 (U/S 14 A(2) of SC and ST ACT) BETWEEN: VAMSHI S/O SATYANARAYANA AGE: 23 YEARS, OCC: COOLIE, R/O. WARD NO.2, NEAR CHURCH SANGAPUR, TQ. GANGAVATHI, DIST. KOPPAL-583231. …APPELLANT (BY SRI B.C JNANAYYASWAMI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA (THROUGH GANGAVATHI RURAL P.S.) REPRESENTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENCH, AT DHARWAD-590001. 2. SHRI MANJUNATH S/O MATHANDAPPA AGE: 29 YEARS, OCC: MASON, R/O. WARD NO.1, SANGAPUR VILLAGE, TQ. GANGAVATHI, DIST. KOPPAL-583231. 3. SHRI SIDDAPPA S/O MARTHANDAPPA AGE: 27 YEARS, OCC: LABOURER, R/O. WARD NO.1, SANGAPUR VILLAGE, TQ. GANGAVATHI, DIST. KOPPAL-583231. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R-1, R-2 AND R-3 SERVED) RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11331 CRL.A No. 100499 of 2025 THIS CRIMINAL APPEAL IS FILED U/SEC. 14 A(2) OF SC/ST ACT AND UNDER SECTION 439 OF CR.P.C 483 BNSS, SEEKING TO ALLOW THIS APPEAL AND SET ASIDE THE ORDER DATED 08.04.2025 PASSED BY ADDL. DISTRICT AND SESSIONS JUDGE, KOPPAL SITTING AT GANGAVATHI AND ENLARGE THE APPELLANTS ON REGULAR BAIL IN SPL.C (SC/ST) NO.2/2025. ARISING OUT OF CRI NO.298/2024 REGISTERED BY GANGAVATHI RURAL POLICE STATION, FOR THE OFFENCES U/S U/S.189(2), 191(2), 126(2), 115(2), 118(1), 109, 190, OF BNS 2023 AND SECTION 3(1)(r), 3(1) (s), 3(2)(v-a) OF SC AND ST ACT 1989 OF IPC, PENDING INVESTIGATION AND TRIAL OF THE CASE. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Appellant is before this Court in this appeal filed under Section 14A(2) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 seeking regular bail in Special Case (SC/ST) No.2 of 2025 pending before the Court of Additional District and Sessions Judge, Koppal sitting at Gangavathi arising out of Crime No.298 of 2024 registered by Gangavathi Rural Police Station, Koppal for offences punishable under Sections 189(2), 191(2), 126(2), 115(2), 118(1), 109 read with Section 190 of BNS 2023 and - 3 - HC-KAR NC: 2025:KHC-D:11331 CRL.A No. 100499 of 2025 Sections 3(1)(r), 3(1)(s) & 3(2)(va) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989. 2. Learned HCGP has brought to the notice of this Court that the appellant had earlier approached this Court twice in Criminal Appeal No.100146 of 2025 and Criminal Appeal No.100304 of 2025. She submits there is no change in circumstance and therefore this successive bail application cannot be entertained. 3. Learned counsel for the appellant does not dispute the said submission made by learned HCGP. 4. Criminal Appeal No.100304 of 2025 filed by the appellant herein was dismissed as withdrawn on 19.06.2025 with liberty to the appellant to move a fresh bail application before the trial Court only after examination of CW1 to CW4 is completed. It is not in dispute that examination of CW1 to CW4 has not been completed as on this date and therefore, - 4 - HC-KAR NC: 2025:KHC-D:11331 CRL.A No. 100499 of 2025 this Criminal Appeal cannot be entertained. Accordingly, following: ORDER Criminal Appeal is dismissed. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK CT:GSM List No.: 1 Sl No.: 9