- 1 - HC-KAR NC: 2025:KHC-D:10976 CRL.A No. 100505 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL APPEAL NO. 100505 OF 2025 (U/S 14 A(2) OF SC AND ST ACT) BETWEEN: SHIVARAJ @ SHIVU S/O FAKKIRGOUDA KAREGOUDRA, AGE. 25 YEARS, OCC. COOLIE, R/O. KANAKAPURA, TQ. AND DIST. HAVERI, KARNATAKA. … APPELLANT (BY SRI. ANKIT R. DESAI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, HAVERI TOWN POLICE STATION, HAVERI-581 110, REPRESENTED BY ITS POLICE INSPECTOR, ALSO REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580 002. 2. SURESH S/O ASHOK BANGALORE, AGE. 43 YEARS, OCC. SWEEPER, R/O. AMBEDKAR CIRCLE, HAVERI-581 110, KARNATAKA. 3. RAJU S/O YALLAPPA DODDAMANI, AGE. 33 YEARS, OCC. SWEEPER, R/O. AMBEDKAR CIRCLE, HAVERI-581 110, KARNATAKA. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; R2 AND R3-SERVED AND UNREPRESETNED) RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10976 CRL.A No. 100505 of 2025 THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14 A(2) OF SC AND ST ACT 1989, PRAYING TO SET-ASIDE THE ORDER DATED 18.07.2025 PASSED IN CRL. MISC. NO.456/2025 BY THE I ADDL. DISTRICT AND SESSION JUDGE AND SPECIAL JUDGE AT HAVERI AND CONSEQUENTLY GRANT ANTICIPATORY BAIL TO THE APPELLANT / ACCUSED NO.5 IN CRIME NO.0104/2025 REGISTERED BY THE HAVERI TOWN POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 191(2), 191(3), 109, 132, 115(2), 118(1), 351(3) AND 352 R/W SECTION 190 OF BNS 2023 AND SECTION 3(1)(R) AND 3(2)(VA) OF SC AND ST (PREVENTION OF ATROCITIES) AMENDMENT ACT 2015, IN THE ENDS OF JUSTICE. 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 No.5 in Crime No.104 of 2025 registered by Haveri Town Police Station, Haveri Sub Division, Haveri District for the offences punishable under Section 189(2), 191(2), 191(3), 109, 132, 115(2), 118(1), 351(3) and 352 read with Section 190 of BNS, 2023 and Section 3(1)(r) and 3(2)(va) of the SC / ST (POA) Amendment Bill, 2015, is before this Court in this Appeal under Section 14A(2) of the SC / ST (POA) Act, 1989, seeking anticipatory bail. 2. Heard the learned counsel for the parties. - 3 - HC-KAR NC: 2025:KHC-D:10976 CRL.A No. 100505 of 2025 3. FIR in Crime No.104 of 2025 was registered by Haveri Town Police Station, Haveri Sub Division, Haveri District for the aforesaid offences against Akashata K.C. and nine others, based on the first information dated 07.06.2025 received from Suresh Bangalore. The appellant herein is arraigned as accused No.5 in the FIR. Apprehending arrest in the case, the appellant had filed Crl. Misc.No.456 of 2025 before the Jurisdictional Sessions Court, which was rejected on 18th July 2025. Therefore, he is before this Court. 4. Learned counsel appearing for the appellant submits that the alleged offences under SC / ST (POA) Act do not get attracted against the appellant in the present case, since the act of abusing the victim is not at a public place to the public view. He submits that accused No.1 and other accused, as against whom there is an allegation of assaulting the injured victim are already granted regular bail by this Court in Criminal Appeal No.100458 of 2025 and connected appeal. In the earlier cases registered based on - 4 - HC-KAR NC: 2025:KHC-D:10976 CRL.A No. 100505 of 2025 the complaint given by the victim in the present case, the appellant is not an accused. Accordingly, he prays to allow the appeal. 5. Per contra, learned HCGP has opposed the prayer made in the appeal. She submits that the alleged offences clearly get attracted against the appellant. Similar allegations are found in the first information as against accused No.6 and accused No.6 who had approached this Court in Criminal Appeal No.1005459 of 2025 seeking anticipatory bail had withdrawn the said appeal, with liberty to surrender before the jurisdictional Court and file necessary application seeking regular bail. She submits that the appellant is a person with criminal antecedents and there are as many as three other criminal cases registered against him. Accordingly, she prays to dismiss the appeal. 6. In the first information submitted in the present case by Suresh Bangalore, he has alleged that, in view of the ill-will between the parties, because of the incident that - 5 - HC-KAR NC: 2025:KHC-D:10976 CRL.A No. 100505 of 2025 had taken place earlier with regard to the removal of a birthday banner, on 07.06.2025 at about 10:15 a.m., when the first informant and other victims in the present case, who are Poura Karmikas, were near Venkateshwar Bar and Restaurant. the accused persons, who came there, armed with deadly weapons, abused and assaulted Rajesh Doddamani and others with a bat and broken beer bottles and caused grievous injuries to them. The allegation of assaulting Rajesh Doddamani with beer bottle is as against accused No.2 and accused Nos.3, 4, 11 and 13 allegedly assaulted Rajesh Doddamani with a bat. The other accused persons allegedly assaulted the injured victim with their hands and legs. 7. So far as accused Nos.5 and 6 are concerned, there is a specific allegation that they had referred to the caste name of the victims and had abused them. The incident in question had taken place on 07.06.2025 in the background of the fight between the two parties. In respect of the earlier two incidents, two separate criminal cases are - 6 - HC-KAR NC: 2025:KHC-D:10976 CRL.A No. 100505 of 2025 registered by the very same Police Station. The incident in question had taken place near the Bar and Restaurant, which is a public place and it cannot be said that there was nobody present at the spot of crime, since the incident in question has taken place at about 10:15 a.m. near the Bar and Restaurant. During the course of investigation in the present case, the Police have recorded the statement of the witnesses, who have seen the incident in question and they have spoken about the acts committed by accused Nos.5 and 6. Therefore, the alleged offences punishable under the provisions of the SC / ST (POA) Act clearly get attracted against accused Nos.5 and 6. In view of the bar under Section 18 of the SC / ST (POA) Act, the prayer made by the appellant, who is a person with criminal antecedents for grant of anticipatory bail, therefore cannot be entertained. Accordingly, the Criminal Appeal is dismissed. Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP / CT: BCK List No.: 1 Sl No.: 12