- 1 - HC-KAR NC: 2025:KHC-D:17224 CRL.A No. 100701 of 2025 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 3RD DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL APPEAL NO.100701 OF 2025 (U/S 14 A(2) of SC and ST ACT) BETWEEN: ANIL S/O. BASAPPA NEMAGOUDA, AGE. 43 YEARS, OCC. AGRICULTURE, R/O. HOUSE NO.1661/35, VIDYA NAGAR, AINAPUR, TALUK. KAGWAD, DISTRICT. BELAGAVI-591 303. …APPELLANT (BY SRI. K.L. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH THE STATION HOUSE OFFICER, KAGWAD POLICE STATION-591 223, DISTRICT BELAGAVI, NOW REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH AT DHARWAD. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:17224 CRL.A No. 100701 of 2025 2. VIKAS S/O. DADA WARE, AGE. 45 YEARS, TRUCK DRIVER, R/O. ASHTA, TALUK. WALVA, DISTRICT. SANGLI, MAHARASHTRA-416 313. 3. SUDHIR S/O. NABHIRAJ GASTI, AGE. 4O YEARS, OCC. DRIVER, R/O. ASHTA, TALUK. WALVA, DISTRICT. SANGLI, MAHARASHTRA- 416313. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14A(2) OF SC/ST (POA) ACT, 1989, PRAYING TO, ALLOW THIS APPEAL AND SET ASIDE THE ORDER DATED 25/10/2025 PASSED BY THE III ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI IN CRL. MISC. NO.1265/2025 AND GRANT REGULAR BAIL IN KAGWAD P.S. CRIME NO.200/2025 REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 126(2), 189(2), 191(3), 115(2), 309(4) 324(5), 352 R/W. SECTION 190 OF B.N.S. AND SECTIONS 3(1)(R), 3(1)(S), 3(2)(V) OF THE SCHEDULED CASTE AND SCHEDULED TRIBES (PREVENTION OF ATROCITY) AMENDMENT ACT, 2015 ON THE FILE OF III ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI AND ETC.,. THIS CRIMINAL APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:17224 CRL.A No. 100701 of 2025 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The appellant who is arrayed as accused No.2 is before this Court seeking for grant of regular bail in Crime No.200/2025 of respondent No.1/Police for the offence under Sections 3(2)(v) and 3(1)(r)(s) of the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Amendment Act, 20151 and Sections 126(2), 190, 115(2), 189(2), 309(4), 191(3), 324(5) and 352 of Bharatiya Nyaya Sanhita, 20232. Brief facts of the case; 2. The case of the prosecution is that, the complainant was working as a driver, he was assigned to transfer the beef. The said truck was being driven by the appellant and others. It is alleged that, the appellant and 1 SC and ST Act 2 For short ‘BNS, 2023’ - 4 - HC-KAR NC: 2025:KHC-D:17224 CRL.A No. 100701 of 2025 others have intercepted the said truck, started scolding the complainant and others by naming the caste and assaulted indiscriminately. A complaint came to be registered against the unknown persons, during investigation, the name of the appellant and others were included. The investigation is under progress. 3. Heard Sri. K.L.Patil, learned counsel for the appellant and Sri. Praveen Y. Devareddiyavara, learned High Court Government Pleader for respondent No.1/State. Notice issued to respondent No.2 is not served. 4. It is the submission of the learned counsel for the appellant that, the appellant is no way connected to the case and he has been falsely implicated in this case. In fact, no identification parade has been conducted in this case. No criminal antecedents against the appellant. The appellant is innocent of the alleged offences and he is the permanent resident of Ainapur village, Kagwad Taluk and he is working as an agriculturist. The appellant will abide the conditions - 5 - HC-KAR NC: 2025:KHC-D:17224 CRL.A No. 100701 of 2025 imposed by this Court in the event of his release on bail. Making such submissions, learned counsel for the appellant prays to allow the appeal. 5. Per contra, the learned High Court Government Pleader for respondent No.1/State vehemently submitted that the appellant and others around about 20-25 members, intercepted the truck and assaulted the complainant by naming his caste. The complainant had identified all the persons who assaulted him and scolded him. Therefore, it is not appropriate to grant bail. Making such submissions, learned High Court Government Pleader prays to reject the appeal. 6. Having heard the learned counsel for the respective parties and on perusal of the averments of the complaint, the complaint would indicate that the appellant who is said to be the member and they intercepted the truck stated to be carried the beef. It is stated that, the appellant and others scolded the complainant by naming his - 6 - HC-KAR NC: 2025:KHC-D:17224 CRL.A No. 100701 of 2025 caste. More over, no statements are made available to substantiate the said scolding. Having considered the said aspect, it is appropriate to grant bail as prayed for. 7. Hence, I proceed to pass the following: ORDER (i) The appeal is allowed. (ii) The appellant is ordered to be enlarged on bail in Crime No.200/2025 of respondent No.1/Police on executing personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court subject to following conditions; (a) The appellant shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (b) The appellant shall co-operate with the investigation till filing of the charge-sheet. - 7 - HC-KAR NC: 2025:KHC-D:17224 CRL.A No. 100701 of 2025 (c) The appellant shall appear before the Trial Court on all hearing dates without fail. In case, if the appellant violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE PJ/CT: UMD List No.: 1 Sl No.: 3