- 1 - HC-KAR NC: 2025:KHC-D:11091 CRL.A No. 100518 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. 100518 OF 2025 (U/S 14 A(2) OF SC AND ST ACT) BETWEEN: 1. SHRI SALMAN S/O TAHIR HUSEN MULLA, AGED ABOUT 22 YEARS, RESIDENT AT: BHAGWAN GALLI, NIPPANI, DIST. BELAGAVI. 2. SMT. RAZIYA W/O TAHIRHUSEN MULLA, AGED ABOUT 38 YEARS, RESIDENT AT: BHAGWAN GALLI, NIPPANI, DIST. BELAGAVI. 3. SMT. AYESHA W/O ALLANUR MULLA, AGED ABOUT 46 YEARS, RESIDENT AT: BHAGWAN GALLI, NIPPANI, DIST. BELAGAVI. 4. SHRI TAHIRHUSEN S/O GULAB MULLA, AGED ABOUT 47 YEARS, RESIDENT AT: BHAGWAN GALLI, NIPPANI, DIST. BELAGAVI. … APPELLANTS (BY SRI. D.L. LADKHAN, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY THE STATION HOUSE OFFICER, NIPPANI TOWN POLICE STATION, BY STATE PUBLIC PROSECUTOR, RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11091 CRL.A No. 100518 of 2025 HIGH COURT OF KARNATAKA, DHARWAD BENCH. 2. SHRI ASHOK S/O PRABHAKAR LAKE, AGED ABOUT 73 YEARS, RESIDENT OF DIVEKAR COLONY, SHIVAJI NAGAR, 6TH LANE, NIPPANI, DIST. BELAGAVI. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; R2-SERVED) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14 A(2) OF SC/ST (POA) ACT 1989, PRAYING TO SET ASIDE THE ORDER PASSED BY LEARNED 3RD ADDITIONAL DISTRICT AND SESSIONS JUDGE AT BELAGAVI IN CRL. MISC. NO.697/2025 DATED 28.07.2025 FILED UNDER SECTION 482 OF BNSS FOR GRANT OF ANTICIPATORY BAIL OF ACCUSED NO.1 TO 4 IN CRIME NO.50/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 115(2), 117(2), 351(2), 352, 3(5) OF THE BHARATIYA NYAYA SANHITA (BNS) AND SECTION 3(1)(R)(S), 3(2)(5A) OF THE SCHEDULED CASTE AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES ACT) AMENDMENT ORDINANCE 2014 AND ALLOW THE PETITION AND GRANT ANTICIPATORY BAIL TO APPELLANTS, IN THE EVENT OF THEIR ARREST BE ENLARGED ON BAIL IN CRIME NO.50/2025 REGISTERED WITH NIPPANI TOWN POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 115(2), 117(2), 351(2), 352, 3(5) OF THE BHARATIYA NYAYA SANHITA (BNS) AND SECTION 3(1)(R)(S), 3(2)(VA) OF THE SCHEDULED CASTE AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES ACT) AMENDMENT ORDINANCE 2014, IN THE INTEREST OF JUSTICE. THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:11091 CRL.A No. 100518 of 2025 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused Nos.1 to 4 in Crime No.50/2025 registered by Nippani Town Police Station, Belagavi district for offences punishable under Sections 115(2), 117(2), 351(2), 352 read with Section 3(5) of BNS 2023 and Sections 3(1)(r)(s), 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 are before this Court under Section 14A(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance Act, 2014 seeking anticipatory bail. 2. Heard learned counsel for the appellants and the learned HCGP for respondent No.1. Respondent No.2 who is served in the matter has remained unrepresented. 3. FIR in Crime No.50/2025 was registered by Nippani Town Police Station, Belagavi district for the aforesaid offences against the appellants herein based on the first information dated 01.06.2025 received from - 4 - HC-KAR NC: 2025:KHC-D:11091 CRL.A No. 100518 of 2025 respondent No.2, who is one of the injured victims in the present case. 4. Apprehending arrest in the case, the appellants had filed Crl.Misc.No.697/2025 before the Jurisdictional Sessions Court at Belagavi which was rejected on 28.07.2025. Therefore, they are before this Court. 5. Learned counsel for the appellants submits that the appellants are persons without any criminal antecedents. They are all members of the same family. Incident in question had taken place after there was a road traffic accident. The appellants and the injured are total strangers and therefore the alleged offences punishable under the provisions of SC/ST (POA) Act will not get attracted against the appellants. None of the injured victims were admitted in the hospital at any point of time. For extraneous reasons a false complaint has been filed. Therefore, he prays to allow the appeal. - 5 - HC-KAR NC: 2025:KHC-D:11091 CRL.A No. 100518 of 2025 6. Per contra, learned HCGP has opposed the prayer made by the appellants. She submits that the first informant has suffered grievous injuries in the accident in question. Considering the allegations found in the first information, as well as in the charge sheet, appellants’ prayer for anticipatory bail needs to be rejected in view of Section 18 of the SC/ST (POA) Act. Accordingly, she prays to dismiss the appeal. 7. Perusal of the first information which was submitted on 01.06.2025 at about 13.30 hours would go to show that on 30.05.2025 at about 11.30 a.m., when the first informant was riding his motorbike bearing registration No.MH-09/B-4078, the motorbike bearing registration No.KA-23/EV-0324, in which the accused Nos.1 to 3 were traveling, dashed against the motorbike of the first informant and as a result, he fell down. It is alleged that accused Nos.1 to 3 thereafter abused him referring to his caste and assaulted him. Subsequently, son and daughter- in-law of the first informant came to the spot of accident - 6 - HC-KAR NC: 2025:KHC-D:11091 CRL.A No. 100518 of 2025 and accused Nos.1 to 3 along with accused No.4 even abused and assaulted the son and daughter-in-law of the first informant. The first informant who had suffered injury was taken to the hospital for treatment and therefore there is delay in approaching the police. Investigation is completed and charge sheet is already filed. 8. From a reading of the averments found in the first information it is apparent that the appellants and the victims are total strangers and the accident in question had taken place after the road traffic incident had occurred on 30.05.2025 at about 11.30 a.m., in which motorbike belonging to accused No.1 had dashed against the motorbike of the first informant. Since the parties were total strangers to each other, the allegations made against the accused that after the accident had occurred, they had abused the first informant and his family members referring to their caste, becomes difficult to be believed. In the first information itself it is stated that after the first informant who was taken to the hospital, he came to know the name - 7 - HC-KAR NC: 2025:KHC-D:11091 CRL.A No. 100518 of 2025 and other particulars of the accused persons. Even otherwise it is not mentioned in the first information that at the time of accident and thereafter when the alleged incident had taken place, any other public was present at the spot of crime. Therefore, the bar under Section 18 of the SC/ST (POA) Act cannot be invoked as against the appellants in the present case. 9. Immediately after the accident, the first informant appears to have gone to the government hospital and subsequently he had taken treatment in a private hospital. In the wound certificate issued by the government hospital, it is stated that the first informant has suffered fracture of his nasal bone which is certified as grievous injury. However in the wound certificate issued by the private hospital, injuries suffered are certified to be simple in nature. The hospital records of the first informant would go to show that he was not admitted as inpatient in any hospital after he has suffered injuries in the accident that had taken place on 30.05.2025. In respect of the alleged - 8 - HC-KAR NC: 2025:KHC-D:11091 CRL.A No. 100518 of 2025 incident that had taken place on 30.05.2025 at about 11.30 a.m., the first information was filed belatedly on 01.06.2025 at about 13.30 hours which is after a period of more than two days from the alleged accident. Under the circumstances, I am of the opinion that the prayer for grant of anticipatory bail needs to be answered in the affirmative. Accordingly, the following: ORDER i. Criminal Appeal is allowed. ii. The order dated 28.07.2025 passed by the III Additional District and Sessions Judge, Belagavi in Crl.Misc.No.697/2025 is hereby set aside. iii. The respondent – Police or any other Police in the State of Karnataka are directed to release the appellants in the event of their arrest in Crime No.50/2025 registered by Nippani Town Police Station, Belagavi district for the offences punishable under Sections 115(2), 117(2), 351(2), 352 read with Section 3(5) of BNS 2023 - 9 - HC-KAR NC: 2025:KHC-D:11091 CRL.A No. 100518 of 2025 and Sections 3(1)(r)(s), 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance Act, subject to the following conditions: a. The appellants 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/- each with two sureties for the like sum to the satisfaction of the concerned Court. b. The appellants shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. c. The appellants shall not tamper with the prosecution witness. d. The appellants shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK / CT:BCK LIST NO.: 1 SL NO.: 15