- 1 - HC-KAR NC: 2025:KHC-D:12391 CRL.A No. 100575 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL APPEAL NO. 100575 OF 2025 (U/S 14 A(2) OF SC AND ST ACT) BETWEEN: 1. MAYAPPA S/O NINGAPPA SAVALAGI @ HATTI, AGE. 43 YEARS, OCC. R/O. HOUSE NO.812, BARABAYI ROAD, KURABAR ONI, NEAR SANGOLLI RAYANNA CIRCLE, TELSANG, BELAGAVI-591 265. 2. KASAPPA S/O SIDRAY SHELAPPAGOL, AGE. 55 YEARS, OCC. R/O. TELSANG, PO. TELSANG, BELAGAVI-591 265. … APPELLANTS (BY SRI. PRASHANT MATHAPATI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY AIGALI P.S., REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENCH DHARWAD. 2. PARVATI W/O BABU BHAJANTRI, AGE. 48 YEARS, OCC. LABOURER, R/O. TELSANG, TQ. ATHANI, DIST. BELAGAVI-591 265. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; NOTICE TO R2 HELD SUFFICIENT) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14A(2) OF SCHEDULED CASTES AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 1989, PRAYING TO SET ASIDE THE ORDER DATED 28.08.2025 IN CRL. MISC. NO.982 OF 2025 PASSED BY THE III ADDL. SESSIONS JUDGE, AT: BELAGAVI AND PLEASED TO GRANT ANTICIPATORY BAIL TO THE APPELLANTS/ACCUSED NOS.5 AND 6 IN AIGALI P.S. CRIME NO.0103 OF 2025 FOR OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 191(2), 115(2), 324, 74, 351(2), 352, 190 OF BARATIYA NYAYA SANHITA, 2023 AND SECTIONS 3(1)(R), 3(1)(S), 3(2)(VA) OF SCHEDULED CASTES AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT BY ALLOWING THE APPEAL, IN THE INTEREST OF JUSTICE. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:12391 CRL.A No. 100575 of 2025 THIS APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused Nos.5 and 6 in Crime No.103 of 2025 registered by Aigali Police Station, Belagavi for offences punishable under Sections 3(1)(r), 3(2)(v-a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Sections 189(2), 191(2), 115(2), 324, 74, 351(2), 190 of Bharatiya Nyaya Sanhita, 2023 are before this Court in this appeal filed under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.103 of 2025 was registered by Aigali Police Station, Belagavi for the aforesaid offences against Mahadev Malakappa Bhajantri and others, based on the first information dated 27.07.2025 received from respondent No.2, who is the victim in the present case. - 3 - HC-KAR NC: 2025:KHC-D:12391 CRL.A No. 100575 of 2025 Apprehending arrest in the said case, appellants who are arrayed as accused Nos.5 and 6 in the FIR, had filed Criminal Miscellaneous No.982 of 2025 before the Jurisdictional Sessions Court, which was rejected on 28.08.2025. Therefore, they are before this Court. 4. Perusal of the material on record would go to show that on 24.04.2025 at about 11:00 a.m., when the first informant and her relatives were putting up a shed in their property, accused Nos.1 to 4, who are their relatives, came there and objected for the same. Thereafter, accused Nos.1 to 4 summoned accused Nos.5 and 6 to the said spot and it is alleged that accused Nos.5 and 6, who came to the spot, allegedly abused the victim lady referring to her caste and also pulled her saree and tried to outrage her modesty. It is further alleged that they pushed her down and kicked her. In respect of the alleged incident that had taken place on 24.04.2025, first information is submitted on 27.07.2025, which is after a period of more than three months from the date of alleged incident. There is no such - 4 - HC-KAR NC: 2025:KHC-D:12391 CRL.A No. 100575 of 2025 averment found in the first information, that when the alleged incident took place, except the accused persons and the victim, any other person was present at the said spot. For the purpose of attracting the alleged offences punishable under the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, the incident should have taken place in a public place, in public view. Therefore, it becomes doubtful whether the offences punishable under the provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, gets attracted in the present case. The other offences are not grave in nature. 5. Under the circumstances, the bar under Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, for granting anticipatory bail to the accused cannot be strictly made applicable in the present case against the appellants. Therefore, I am of the opinion that prayer made by the - 5 - HC-KAR NC: 2025:KHC-D:12391 CRL.A No. 100575 of 2025 appellants for grant of anticipatory bail is required to be answered affirmatively. Accordingly, the following: ORDER Criminal Appeal is allowed. The order dated 28.08.2025 passed by the Court of III Addl. Sessions Judge, Belagavi in Crl. Misc. No.982 of 2025 is set-aside and the jurisdictional Police or any other Police of the State are directed to release the appellants in the event of their arrest in Crime No.103 of 2025 registered by Aigali Police Station, Belagavi for offences punishable under Sections 3(1)(r), 3(2)(v-a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Sections 189(2), 191(2), 115(2), 324, 74, 351(2), 190 of Bharatiya Nyaya Sanhita, 2023, subject to the following conditions: i. The appellants shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) each with two sureties each for the like sum to the satisfaction of the investigating officer. - 6 - HC-KAR NC: 2025:KHC-D:12391 CRL.A No. 100575 of 2025 ii. The appellants shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. iii. The appellants shall not tamper with the prosecution witness and they shall co-operate with the police for investigation and appear before them whenever called upon. iv. The appellants shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE RSH / CT: BCK LIST NO.: 1 SL NO.: 13