ZIKRIYA ALIAS JAKIR S/O. UMAR MULLA v. STATE OF KARNATAKA BY
CRL.A/100371/2025 · 2025-08-04
S Vishwajith Shetty
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 62699 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 62699 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC-D:9657 CRL.A No. 100371 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. 100371 OF 2025 (U/S 14 A(2) OF SC AND ST ACT) BETWEEN:
ZIKRIYA @ JAKIR S/O. UMAR MULLA, AGE: 44 YEARS, OCC: PRIVATE, R/O: #61, VAJRALLI, YELLAPUR, UTTAR KANNADA-581 337. … APPELLANT (BY SRI. S.N. KHAN, ADVOCATE)
AND:
1. STATE OF KARNATAKA BY YELLAPUR POLICE STATION, REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH AT DHARWAD-580 011. 2. SATISH S/O. ANANT SIDDI, AGE: 28 YEARS, OCC: COOLIE, R/O: BEEGAR, VAJRALLI, YELLAPUR, UTTARA KANNADA-581 359. 3. CHINMAY S/O. PARSHURAM DEVALI, AGE: 27 YEARS, OCC: LABORER, R/O: BAGINAKATTA, YELLAPUR, UTTARA KANNADA-581 337. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1;
R2 AND R3-SERVED AND UNREPRESENTED)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14A(2) OF SC/ST (POA) ACT, PRAYING TO SET ASIDE THE ORDER DATED 12/06/2025 PASSED BY THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, UTTARA KANNADA, KARWAR IN CRL. MISC. NO.190 OF 2025 AND RELEASE THE APPELLANT ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CONNECTION WITH CRIME. NO.111/2025 REGISTERED AT YELLAPUR POLICE STATION FOR THE
RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD
- 2 -
HC-KAR NC: 2025:KHC-D:9657 CRL.A No. 100371 of 2025
OFFENCE PUNISHABLE UNDER SECTIONS 109, 115(2), 118, 126(2), 189(2), 190, 191(3), 351, 352 OF BHARATIYA NYAYA SANHITA, 2023 AND SECTION 3(2) (VA), 3(1)(R), 3(1)(S) OF THE SCHEDULED CASTES AND THE SCHEDULED TRIBES (PREVENTION OF ATROCITIES) AMENDMENT ACT, 2015, IN THE INTEREST 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. This appeal is filed by accused No.2 in Crime No.111 of 2025 registered by Yellapur Police Station, Uttara Kannda District, for the offences punishable under Sections 109, 115(2), 118, 126(2), 189(2), 190, 191(3) 351 and 352 of the Bharatiya Nyaya Sanhita 2023 (BNS 2023) and Sections 3(2)(va), 3(1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 seeking anticipatory bail. 2. Learned counsel for the appellant after arguing the matter was sometime submits that the appellant has no criminal antecedents.
Injured victim were discharged from the hospital on the very same day. He submits that this appeal may be dismissed as not pressed with liberty
- 3 -
HC-KAR NC: 2025:KHC-D:9657 CRL.A No. 100371 of 2025
to the appellant to surrender before the Jurisdictional Court and file necessary application seeking regular bail. He submits that considering the aforesaid aspects of the matter, the concerned Court may be directed to consider the regular bail application of the appellant on the same day. 3. Submission placed on record. 4. Appeal is dismissed as not pressed with liberty as prayed for. 5. In event, appellant surrenders before the Jurisdictional Court and files necessary application seeking regular bail, the same shall be considered and disposed of on merits as expeditiously as possible. Sd/- (S.VISHWAJITH SHETTY) JUDGE
KGK CT:BCK LIST NO.: 1 SL NO.: 14