- 1 - HC-KAR NC: 2025:KHC-D:9656 CRL.A No. 100367 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL APPEAL NO. 100367 OF 2025 (U/S 14 A(2) OF SC AND ST ACT) BETWEEN: KUMAR S/O. KARBASAPPA DALAWAI, AGE: 40 YEARS, OCC: COOLIE, R/O: HONKANA-581 102, TQ: HANAGAL, DIST: HAVERI. … APPELLANT (BY SRI. CHETAN MUNNOLI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT DHARWAD, THROUGH ADUR POLICE STATION. 2. KRISHNAPPA S/O. SIDDAPPA ANGADI, AGE: 53 YEARS, OCC: BUSINESS, R/O: HONKANA-581 102, TQ: HANAGAL, DIST: HAVERI. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. MANOJ BIKKANNAVAR, ADVOCATE FOR R2) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14A(2) OF THE SC/ST (POA) ACT PRAYING TO SET ASIDE THE ORDER DATED 13.06.2025 PASSED ON APPLICATION SEEKING BAIL UNDER SECTION 483 OF BNSS, 2023, IN RESPECT OF ADUR PS CRIME NO.94/2025 ON THE I ADDL. DISTRICT AND SESSIONS JUDGE AND SPECIAL JUDGE, AT HAVERI AND ENLARGE THE APPELLANT/ACCUSED ON BAIL IN ADUR PS CRIME NO.94/2025 FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 326(G), 351(2), 352 OF BNS, 2023 AND SECTIONS 3(1)(R), 3(2) (VA) OF THE SC AND ST (PREVENTION OF ATROCITIES) AMENDED ACT 2015. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:9656 CRL.A No. 100367 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. Shri Manoj Bikkannavar, learned counsel submits that he has filed vakalath on behalf of respondent No.2, the de facto complainant. The Registry is directed to show his name in the cause list. 2. The accused in Crime No.94 of 2025 registered by Adur Police Station, Hanagal Circle, Haveri for the offences punishable under Sections 326(g), 351(2) and 352 of BNS, 2023 and Sections 3(1)(r), 3(2)(va) of the SC and ST (Prevention of Atrocities) Amended Act, 2015, is before this Court, in this appeal, filed under Section 14A(2) of the SC & ST (POA) Act, seeking regular bail. 3. Heard the learned counsel appearing for the parties. 4. The FIR in Crime No.94 of 2025 was registered by Adur Police Station, Hanagal Circle, Haveri for the - 3 - HC-KAR NC: 2025:KHC-D:9656 CRL.A No. 100367 of 2025 aforesaid offences, based on the first information dated 04.06.2025, received from respondent No.2, who is the alleged victim in the present case. During the course of investigation of the case, the appellant was arrested on 05.06.2025 and subsequently remanded to the judicial custody. His bail application filed before the trial Court in Adur P.S. Cr.No.94 of 2025 was rejected on 13.06.2025. Therefore, he is before this Court. 5. Learned counsel for the appellant having reiterated the grounds urged in the memorandum of facts, has prayed to allow the appeal. 6. Per contra, learned HCGP appearing for respondent No.1 and the learned counsel appearing for respondent No.2, de facto complainant, opposed the prayer made in the appeal and submit that the appellant has abused the first informant referring to his caste and therefore, the alleged offences under SC and ST (POA) Act get attracted in the present case. They submit that in the - 4 - HC-KAR NC: 2025:KHC-D:9656 CRL.A No. 100367 of 2025 event, the appellant is enlarged on bail, he is likely to tamper with the prosecution witnesses. Accordingly, they pray to dismiss the appeal. 7. Perusal of the material on record would go show that, the appellant and the first informant are acquainted to each other and they hail from the same village. It is the case of the prosecution that, on 29.05.2025 at about 07.30 p.m., the appellant abused the first informant, without there being any reason, referring to his caste, and also threatened to burn his family members. In the first information, it is further alleged that, on the intervening night of 29.05.2025 and 30.05.2025 at about 02.00 p.m., the appellant lit fire to the condiment shop of the first informant and caused damage to the tune of ₹.1,50,000/-. In respect of the alleged incident that had taken place on the intervening night of 29.05.2025 and 30.05.2025, the first information is belatedly filed on 04.06.2025. Even though it is alleged in the first information that the appellant had abused the first informant referring to his - 5 - HC-KAR NC: 2025:KHC-D:9656 CRL.A No. 100367 of 2025 caste, there is no such allegation in the first information that while the appellant so abused the first informant referring to his caste, any other public was present at the spot and the act was committed to the view of the public. 8. The records made available by the learned HCGP would go to show that the spot panchanama of the shop, which was allegedly burnt by the appellant, has been made in the present case on 05.06.2025 itself. The said panchanama reflects that only the front door and the window adjacent to the front door was damaged, as a result of the alleged act committed by the appellant on the intervening night of 29.05.2025 and 30.05.2025 in which he had allegedly poured kerosene and lit fire to the shop of the first informant. The panchanama does not show that the stock of the first informant, which was inside the shop was damaged in any manner, as a result of the fire lit by appellant. The appellant, who is an agriculturist, having no other criminal antecedent, is in custody for the last two months. The major portion of the investigation is already - 6 - HC-KAR NC: 2025:KHC-D:9656 CRL.A No. 100367 of 2025 completed and the alleged offences are not exclusively punishable with death or life imprisonment. 9. Under the circumstances, I am of the opinion that, the prayer made by the appellant for grant of regular bail is to be answered affirmatively. Accordingly, the following: ORDER (i) The criminal appeal is allowed. (ii) The order dated 13th June 2025 passed in Adur P.S. Cr. No. 94/2025 on the file of the I-Addl. District and Sessions Judge and Special Judge, Haveri, arising out the Crime No.94/2025 registered for offences punishable under Sections 326(g), 351(2) and 352 of BNS, 2023 and Sections 3(1)(r), 3(2)(va) of the SC and ST (Prevention of Atrocities) Amended Act, 2015 dismissing the regular bail application of the appellant is set aside and the appellant is directed to be enlarged on bail, subject to the following conditions: (a) The appellant – accused No.1 shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of the jurisdictional Court; - 7 - HC-KAR NC: 2025:KHC-D:9656 CRL.A No. 100367 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) VNP / CT: BCK LIST NO.: 1 SL NO.: 13