- 1 - HC-KAR NC: 2025:KHC-D:11047 CRL.A No. 100365 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 30TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL APPEAL NO. 100365 OF 2025 (U/S 14 A(2) OF SC AND ST ACT) BETWEEN: RAJASHEKAR @ K.N. RAJASHEKAR S/O. NARAPPA, AGE. 23 YEARS, OCC. LABOURER, R/O. DAGGI BASAPUR, TQ. HARAPANAHALLI, DIST. VIJAYANAGAR-591 222. … APPELLANT (BY SRI. RAJA RAGHAVENDRA NAIK, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH ARASIKERE POLICE STATION, ARASIKERE, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH-580 001. 2. GOURAMMA W/O. LATE RAVIKUMARA, AGE. 28 YEARS, OCC. LABOURER, R/O. JARAKATTE VILLAGE, TQ. AND DIST. DAVANAGERE, PRESENT R/O. LOKURU VILLAGE, BELAGAVI-590 001. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; R2-SERVED) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14A(2) OF SC/ST (POA) ACT, PRAYING TO SET ASIDE THE ORDER DATED 21.05.2025 PASSED BY THE LEARNED ADDITIONAL DISTRICT AND SESSION JUDGE, FTSC-1, BALLARI IN SPECIAL C.NO.659/2025 AND GRANT BAIL IN CRIME NO.37/2025 OF ARASIKERE P.S. FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 115(2), 351(2), 352, 75(2), 70(1) R/W 3(5) OF BNSS AND UNDER SECTIONS 3(1)(R)(W)(I), 3(2), (V- A) AND 3(2)(V) OF PREVENTION OF ATROCITIES ACT, SC/ST ACT AND TO ALLOW APPEAL WITH RESPECT TO APPELLANT/ACCUSED NO.2 IN THE INTEREST OF JUSTICE. THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11047 CRL.A No. 100365 of 2025 ORAL JUDGMENT (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) Accused No.2 in Special Case No.659 of 2025 pending before the Court of Additional District and Sessions Judge, FTSC- I, Ballari, arising out of Crime No.37/2025 registered by Arasikere Police Station, Vijayanagara District for offences punishable under Sections 115(2), 351(2), 352, 75(2), 70(1) read with Section 3(5) of BNS, 2023 and Sections 3(1)(r), 3(2)(w)(i), 3(2)(v-a) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, is before this Court in this bail application filed under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, seeking regular bail. 2. Heard the learned counsel for the parties. 3. Learned counsel for the appellant submits that, allegation against accused Nos.1 to 3 is similar in the charge sheet. Accused Nos.1 and 3 have been granted regular bail by this Court in Criminal Appeal No.100441 of 2025 connected with Criminal Petition No.100373 of 2025 disposed of on 05.08.2025 - 3 - HC-KAR NC: 2025:KHC-D:11047 CRL.A No. 100365 of 2025 Appellant has no other criminal antecedent. Accordingly, he prays to allow the appeal. 4. Per contra, learned HCGP, who has opposed the prayer made in the appeal, does not dispute the submission made by learned counsel for the appellant. 5. Perusal of the material on record would go to show that allegations as against accused Nos.1 to 3 are similar in the first information as well as in the charge sheet filed in the present case. Accused Nos.1 and 3 have been granted regular bail by this Court in Criminal Appeal No.100441 of 2025 connected with Criminal Appeal No.100373 of 2025 disposed of on 05.08.2025 by a detailed order. 6. Under the circumstances, for the reason stated in the orders passed by this Court in Criminal Appeal No.100441 of 2025 connected with Criminal Appeal No.100373 of 2025, the prayer made by the appellant as against whom similar allegations are found, needs to be granted. Accordingly, the following: - 4 - HC-KAR NC: 2025:KHC-D:11047 CRL.A No. 100365 of 2025 ORDER Criminal Appeal is allowed. The order dated 21.05.2025 passed by the Court of Additional District and Sessions Judge, FTSC-I, Ballari in Special Case No.659 of 2025 is hereby set aside. The appellant is directed to be enlarged on bail in Special Case No.659 of 2025 pending before the Court of Additional District and Sessions Judge, FTSC-I, Ballari, arising out of Crime No.37/2025 registered by Arasikere Police Station, Vijayanagara District for offences punishable under Sections 115(2), 351(2), 352, 75(2), 70(1) read with Section 3(5) of BNS, 2023 and Sections 3(1)(r), 3(2)(w)(i), 3(2)(v-a) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, subject to the following conditions: i. The appellant shall execute personal bond for a sum of Rs.1,00,000/- (one lakh only) with two sureties for the like sum to the satisfaction of the jurisdictional Court; ii. The appellant shall appear regularly on all the dates of hearing before the Trial Court unless - 5 - HC-KAR NC: 2025:KHC-D:11047 CRL.A No. 100365 of 2025 the Trial Court exempts his appearance for valid reasons; iii. The appellant shall not directly or indirectly threaten or tamper with the prosecution witnesses; iv. The appellant shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE RSH CT:BCK LIST NO.: 1 SL NO.: 13