- 1 - HC-KAR NC: 2025:KHC-D:9439 CRL.A No. 100396 of 2025 C/W CRL.A No. 100397 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 31ST DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL APPEAL NO. 100396 OF 2025 C/W CRIMINAL APPEAL NO. 100397 OF 2025 (U/S 14 A(2) OF SC AND ST ACT) IN CRL.A. NO. 100396 OF 2025: BETWEEN: SHRI MAHANTESH SOMAPPA KODLIWAD, AGE: 42 YEARS, OCC: BUSINESS, R/O: SOPPADALA VILLAGE, TAL: YARGATTI, DIST: BELAGAVI-591 129. … APPELLANT (BY SRI. SHADAB HASANSAB YADAWAD, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH MURGOD POLICE STATION NOW REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENCH AT DHARWAD. 2. MR. PRAVEEN S/O. NARAYAN TALAWAR, AGE: 37 YEARS, OCC: COOLIE, R/O: SOPPADALA VILLAGE, TAL: YARGATTI, DIST: BELAGAVI-591 129. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. HANUMESH M. DESAI, ADVOCATE FOR R2) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14A(2) OF SC AND ST (POA) ACT, 1989, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 24/06/2025 PASSED IN CRI. MISC. NO.729/2025 PASSED BY THE III ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI AND RELEASE THE APPELLANT/ACCUSED NO.1 ON REGULAR BAIL IN FIR CRIME NO.162/2025 REGISTERED BY THE RESPONDENT MURGOD POLICE STATION, BELAGAVI, REGISTERED FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.04 15:17:21 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9439 CRL.A No. 100396 of 2025 C/W CRL.A No. 100397 of 2025 351(2), 352 R/W 3(5) OF BNS AND SECTIONS 3(2)(VA), 3(1)(R), 3(1)(S) OF THE SCHEDULED CASTES AND THE SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, IN THE INTEREST OF JUSTICE BY ALLOWING THIS APPEAL. IN CRL.A. NO. 100397 OF 2025: BETWEEN: SHRI REVANNA S/O SOMAPPA KODLIWAD, AGE: 25 YEARS, OCC: BUSINESS, R/O: SOPPADALA VILLAGE, TAL: YARGATTI, DIST: BELAGAVI-591 129. … APPELLANT (BY SRI. SHADAB HASANSAB YADAWAD, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH MURGOD POLICE STATION NOW REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENCH AT DHARWAD. 2. MR. PRAVEEN S/O. NARAYAN TALAWAR, AGE: 37 YEARS, OCC: COOLIE, R/O: SOPPADALA VILLAGE, TAL: YARGATTI, DIST: BELAGAVI-591 129. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. HANUMESH M. DESAI, ADVOCATE FOR R2) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14A(2) OF SC AND ST (POA) ACT, 1989, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 24/06/2025 PASSED IN CRI. MISC. NO.689/2025 PASSED BY THE III ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI AND RELEASE THE APPELLANT/ACCUSED NO.2 ON REGULAR BAIL IN FIR CRIME NO.162/2025 REGISTERED BY THE RESPONDENT MURGOD POLICE STATION, BELAGAVI, REGISTERED FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 351(2), 352 R/W 3(5) OF BNS AND SECTIONS 3(2)(VA), 3(1)(R), 3(1)(S) OF THE SCHEDULED CASTES AND THE SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, IN THE INTEREST OF JUSTICE BY ALLOWING THIS APPEAL. - 3 - HC-KAR NC: 2025:KHC-D:9439 CRL.A No. 100396 of 2025 C/W CRL.A No. 100397 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 and 2 in Crime No.162/2025 registered by Murgod Police Station, Belagavi district for the offences punishable under Sections 3(2)(va), 3(1)(r), 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 and Sections 351(2), 352 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS 2023) are before this Court in these two appeals filed under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 seeking regular bail and anticipatory bail respectively. 2. Heard learned counsel for the parties. 3. FIR in Crime No.162/2025 was registered by Murgod Police Station, Belagavi district for the aforesaid offences against the appellants herein based on the first information dated 30.05.2025 received from respondent - 4 - HC-KAR NC: 2025:KHC-D:9439 CRL.A No. 100396 of 2025 C/W CRL.A No. 100397 of 2025 No.2 who is the injured victim in the present cases. During the course of investigation, accused No.1 was arrested on 10.06.2025 and remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.729/2025 was rejected on 24.06.2025. Therefore he is before this Court in Crl.Appeal No.100396/2025. Apprehending arrest in the case, accused No.2 had filed Crl.Misc.No.689/2025 before the jurisdictional Sessions Court which was rejected on 24.06.2025. Therefore he is before this Court in Crl.Appeal No.100397/2025. 4. Learned counsel for the appellants having reiterated the grounds urged in the appeal memorandum has prayed to allow the appeals. 5. Per contra, learned HCGP and the learned counsel for the respondent No.2 have opposed the prayer made in the appeal memorandum. They submit that accused No.1 is a person with criminal antecedents. They - 5 - HC-KAR NC: 2025:KHC-D:9439 CRL.A No. 100396 of 2025 C/W CRL.A No. 100397 of 2025 also have brought to the notice of this Court that in view of Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, the prayer made by the accused No.2 for grant of anticipatory bail can be entertained. Accordingly, they prayed to dismiss the appeals. 6. Perusal of the material on record would go to show that in respect of the alleged incident that had taken place on 14.05.2025, first information is belatedly filed on 30.05.2025 which is after a delay of more than 2 weeks. The maximum punishment for the alleged offence is imprisonment for a period of 5 years. Earlier case registered against accused No.1 in Crime No.141/2025 was by the very same police station for offences punishable under Sections 126(2), 115(2), 118(1), 352, 351(2) read with Section 3(5) of BNS 2023. The allegation found in the first information of the said criminal case, against accused No.1, is not of grave in nature. - 6 - HC-KAR NC: 2025:KHC-D:9439 CRL.A No. 100396 of 2025 C/W CRL.A No. 100397 of 2025 7. In the present case, first informant has alleged that on 14.05.2025 accused Nos.1 and 2 had abused him on the ground that he was the person who had given the information to the officer of Department of Mines who had registered a case for illegal transport of sand. It is further alleged that accused persons after abusing the first informant had also assaulted him and thereafter they had gone near his house and abused his mother referring to her caste. Though in the first information, it is alleged that accused persons had abused the mother of the first informant, referring to her caste, there is no such statement that the said act was committed by the accused persons in the presence of any public. Under the circumstances, prima facie doubt arises whether offences under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 gets attracted in the present case. Therefore the bar under Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 cannot be made - 7 - HC-KAR NC: 2025:KHC-D:9439 CRL.A No. 100396 of 2025 C/W CRL.A No. 100397 of 2025 applicable to the facts and circumstances of the case. Under the circumstances, I am of the opinion that the prayer made by accused No.1 and accused No.2 for grant of regular bail and anticipatory bail respectively needs to be answered in the affirmative. Accordingly the following: ORDER i. Appeals are allowed. ii. The order dated 24.06.2025 passed in Crl.Misc.No.729/2025 by the III Addl.District and Sessions Judge, Belagavi rejecting the regular bail application of accused No.1 is set aside. iii. Accused No.1 is directed to be enlarged on bail in Crime No.162/2025 registered by Murgod Police Station, Belagavi district for the offences punishable under Sections 3(2)(va), 3(1)(r), 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of - 8 - HC-KAR NC: 2025:KHC-D:9439 CRL.A No. 100396 of 2025 C/W CRL.A No. 100397 of 2025 Atrocities) Amendment Act, 2015 and Sections 351(2), 352 read with Section 3(5) of the BNS 2023, subject to following conditions: a. The appellant/accused No.1 shall execute personal bond for a sum of Rs.1,00,000/- with 2 sureties for the likesum to the satisfaction of the jurisdictional Court; b. The appellant/accused No.1 shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c. The appellant/accused No.1 shall not directly or indirectly threaten or tamper with the prosecution witnesses; - 9 - HC-KAR NC: 2025:KHC-D:9439 CRL.A No. 100396 of 2025 C/W CRL.A No. 100397 of 2025 d. The appellant/accused No.1 shall not involve in similar offences in future. e. The appellant/accused No.1 shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. iv. The order dated 24.06.2025 passed in Crl.Misc.No.689/2025 by the III Addl.District and Sessions Judge, Belagavi is set aside. v. The respondent – Police or any other Police in the State of Karnataka are directed to release the petitioners in the event of his arrest in Crime No.162/2025 registered by Murgod Police Station Belagavi district for the offences punishable under Sections 3(2)(va), 3(1)(r), 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of - 10 - HC-KAR NC: 2025:KHC-D:9439 CRL.A No. 100396 of 2025 C/W CRL.A No. 100397 of 2025 Atrocities) Amendment Act, 2015 and Sections 351(2), 352 read with Section 3(5) of the BNS 2023, subject to the following conditions: a. The appellant/accused No.2 shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of the investigating officer. b. The appellant/accused No.2 shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. c. The appellant/accused No.2 shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon. - 11 - HC-KAR NC: 2025:KHC-D:9439 CRL.A No. 100396 of 2025 C/W CRL.A No. 100397 of 2025 d. The appellant/accused No.2 shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK CT:BCK LIST NO.: 1 SL NO.: 12