- 1 - HC-KAR NC: 2025:KHC-D:10880 CRL.A No. 100408 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL APPEAL NO. 100408 OF 2025 (U/S 14 A(2) OF SC AND ST ACT) BETWEEN: SHRI RUDRAGOUDA S/O. BASAPPA PATIL, AGE. 31 YEARS, OCC. MASONRY/AGRICULTURE, R/O. NO.125, KEREY ROAD, KARAVINKOPPA, TQ. AND DIST. BELAGAVI-591 109. … APPELLANT (BY SRI. PRASAD PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, THROUGH MALAMARUTHI POLICE STATION, SPP OFFICE, HIGH COURT OF KARNATAKA, DHARWAD BENCH-580 011. 2. SHRI MARUTHI KRISHNA BOVI, AGE. 37 YEARS, OCC. SERVICE, R/O. PLOT NO.80, SECTOR NO.09, ANJANEYA NAGAR, BELAGAVI-590 016. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; R2-SERVED AND UNREPRESENTED) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14 A(2) OF SC AND ST ACT 1989, PRAYING TO ENLARGE THE APPELLANT ON BAIL ON SUCH TERMS AND CONDITIONS AS DEEMS FIT BY THIS COURT IN MALMARUTI P.S. CRIME NO.77/2025 REGISTERED ON 11/05/2025, AGAINST THE ACCUSED, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 105, 352, 351(3) OF B.N.S AND UNDER SECTION 3(1)(R), 3(1)(S), 3(2)(V), 3(2)(VA) OF THE SC AND ST (PREVENTION OF ATROCITIES) AMENDMENT ACT, 2015 AND SET ASIDE THE ORDER DATED 12.06.2025 PASSED IN CRL. MISC. NO.0602/2025 BY III ADDL. SESSIONS JUDGE BELAGAVI, IN THE INTEREST OF JUSTICE AND EQUITY. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10880 CRL.A No. 100408 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) 1. Accused in Crime No.77/2025 registered by Malamaruthi Police Station, Belagavi City, for the offences punishable under Sections 105, 352, 351(3) of BNS, 2023, and Sections 3(1)(r), 3(1)(s), 3(2)(v), 3(2)(va) of the Schedule Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (for short, ‘the Act’), is before this Court in this appeal filed under Section 14A(2) of the Act, seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.77/2025 was registered by Malamaruthi Police Station, Belagavi City, for the aforesaid offences against the appellant herein based on the first information dated 11.05.2025 received from Maruti Krishna Bhovi – brother of deceased Nileshkumar Krishna Bhovi. During the course of investigation, appellant herein was arrested on 11.05.2025 and subsequently remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl. Misc. - 3 - HC-KAR NC: 2025:KHC-D:10880 CRL.A No. 100408 of 2025 No.602/2025 was rejected on 12.06.2025. Therefore, appellant is before this Court. 4. In the first information which is submitted by Maruthi Krishna Bhovi on 11.05.2025, he has stated that he is the brother of Nileshkumar Krishna Bhovi who was working as supplier in a Bar and Restaurant, and on 09.05.2025 at about 6.30 p.m., appellant who came to the said bar and restaurant to consume alcohol had quarreled with Nileshkumar Krishna Bhovi with regard to payment of bill of Rs.150/- and he allegedly had assaulted Nileshkumar Krishna Bhovi with his hands on his temple region and as a result, he fell down. Thereafter, when the first informant inquired with the appellant, he allegedly abused the first informant and his brother referring to their caste. It is alleged that Nileshkumar Krishna Bhovi who was admitted in the hospital died at about 9.35 p.m. on 10.05.2025. It is under these circumstances, on 11.05.2025 at about 13.00 hours FIR was registered against the appellant. 5. Undisputedly, the appellant and the deceased were strangers. The incident had taken place inside a bar and restaurant after there was a quarrel between the appellant and - 4 - HC-KAR NC: 2025:KHC-D:10880 CRL.A No. 100408 of 2025 the deceased who was working as supplier in the said bar and restaurant with regard to payment of bill of Rs.150/- towards the liquor consumed by the appellant. The submission of the learned Counsel for the appellant that appellant has no other criminal antecedents is not seriously disputed by the learned HCGP. She has brought to the notice of this court that investigation of the case is already completed and charge sheet is ready. The incident in question had taken place in a spur of moment. The allegation is that the appellant had assaulted the deceased with his hands after they had quarreled with each other. Under the circumstances, I am of the opinion that appellant’s prayer for grant of regular bail is required to be answered affirmatively. Accordingly, the following order: 6. The appeal is allowed. The order dated 12.06.2025 passed by the Court of III Addl. Sessions Judge, Belagavi, in Crl. Misc. No.602/2025, is hereby set aside, and the appellant is directed to be enlarged on bail, subject to the following conditions: a) Appellant shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; - 5 - HC-KAR NC: 2025:KHC-D:10880 CRL.A No. 100408 of 2025 b) The appellant 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 shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The appellant shall not involve in similar offences in future; e) The appellant 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 KK CT:BCK LIST NO.: 1 SL NO.: 12