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2025 DAILYLAW 64373 (KAR)

AKASH S/O BABANNA DODDAMANI v. THE STATE OF KARNATAKA

CRL.A/100519/2025 · 2025-08-28

S Vishwajith Shetty

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:10881 CRL.A No. 100514 of 2025 C/W CRL.A No. 100519 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL APPEAL NO. 100514 OF 2025 C/W CRIMINAL APPEAL NO. 100519 OF 2025 (U/S 14 A(2) OF SC AND ST ACT) IN CRL.A. NO.100514 OF 2025: BETWEEN: 1. SANJEEV S/O KRISHNAPPA KORAVAR @ KORAGAR, AGE. 29 YEARS, OCC. BUSINESS, R/O. ASHWINI NAGAR, KORAVARA ONI, HAVERI, TQ. HAVERI, DIST. HAVERI-581 110. 2. FAKKIRESH S/O PARAMESH KORAWAR, AGE. 34 YEARS, OCC. BUSINESS, R/O. #23, NAGENDRAMATTI, TQ. HAVERI, DIST. HAVERI-581 110. … APPELLANTS (BY SRI. M.C. VANTI, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY PSI, HAVERI TOWN POLICE STATION, HAVERI, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10881 CRL.A No. 100514 of 2025 C/W CRL.A No. 100519 of 2025 2. SURESH S/O ASHOK BANGALORE, AGE. 43 YEARS, OCC. SWEEPER, 3. RAJU S/O. YALLAPPA DODDAMANI, AGE. 33 YEARS, OCC. SWEEPER, BOTH ARE R/O. AMBEDKARNAGAR, HAVERI, TQ. HAVERI, DIST. HAVERI-581 110. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14 A(2) OF SC AND ST (POA) ACT 1989, PRAYING TO ALLOW THE APPEAL AND SET ASIDE THE ORDER DATED 19/07/2025 PASSED BY LEARNED ADDL. DISTRICT AND SESSIONS JUDGE AND SPECIAL JUDGE, HAVERI AND ENLARGE THE APPELLANTS/ACCUSED NO.7 AND 9 ON BAIL IN HAVERI TOWN POLICE STATION CRIME NO.104/2025 REGISTERED 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/ST (POA) ACT PENDING ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE AND SPECIAL JUDGE, HAVERI, IN THE INTEREST OF JUSTICE. IN CRL.A. NO.100519 OF 2025: BETWEEN: AKASH S/O BABANNA DODDAMANI, AGE. 22 YEARS, OCC. STUDENT, R/O. KORAWAR ONI, TQ. AND DIST. HAVERI-581 110. … APPELLANT (BY SRI. SADIK KANVI, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY HAVERI TOWN P.S., DIST. HAVERI, REPRESENTED BY S.P.P., HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580 011. - 3 - HC-KAR NC: 2025:KHC-D:10881 CRL.A No. 100514 of 2025 C/W CRL.A No. 100519 of 2025 2. SURESH S/O ASHOK BANGALORE, AGE. 43 YEARS, OCC. SWEEPER, R/O. AMBEDKAR NAGAR, TQ. AND DIST. HAVERI-581 110. 3. RAJU S/O. YALLAPPA DODDAMANI, AGE. 33 YEARS, OCC. SWEEPER, R/O. AMBEDKAR NAGAR, TQ. AND DIST. HAVERI-581 110. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14 A(2) OF SC AND ST (POA) ACT 2015, PRAYING TO GRANT REGULAR BAIL TO THE APPELLANT/ACCUSED NO.15 IN HAVERI TOWN PS CRIME NO.104/2025, PENDING BEFORE THE 1ST ADDL. DISTRICT AND SESSIONS JUDGE, HAVERI FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 191(2), 191(3), 109, 132, 115(2), 118(1), 351(3) AND 352, 190 OF THE BNS, 2023 AND SECTION 3(1)(R) AND 3(2)(VA) OF SC/ST (POA) ACT, 2015 AND SET ASIDE THE ORDER DATED 19.07.2025 PASSED IN HAVERI TOWN PS CRIME NO.104/2025 BY I ADDL. DISTRICT AND SESSIONS JUDGE AND SPECIAL JUDGE, HAVERI, IN THE INTEREST OF JUSTICE. THESE APPEALS ARE 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 nos.7, 9 & 15 in Crime No.104/2025 registered by Haveri Town Police Station, Haveri, for the offences punishable under Sections 189(2), 191(2), 191(3), 109, 132, 115(2), 118(1), 351(3), 352, 190 of BNS, 2023, and Sections 3(1)(r), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, ‘the Act’), are - 4 - HC-KAR NC: 2025:KHC-D:10881 CRL.A No. 100514 of 2025 C/W CRL.A No. 100519 of 2025 before this Court in these two appeals filed under Section 14A(2) of the Act, seeking regular bail. 2. Heard the learned Counsel for the appellants and the learned HCGP for respondent no.1-State. The private respondents who are served in the matter have remained unrepresented before this Court. 3. Learned Counsel for the appellants submits that appellants who have no criminal antecedents are in custody for the last more than two months. Investigation in the case is already completed and charge sheet has been filed. The allegation against the appellants is that they had assaulted the injured with their hands and legs. Accused nos.1 to 4 & 11 to 14 have been granted regular bail by this Court in Crl.A.No.100458/2025 c/w Crl.A.No.100477/2025 disposed of on 19.08.2025. Accordingly, he prays to allow the appeals. 4. Learned HCGP has opposed the prayer made in the appeals. 5. In the alleged incident that had taken place on 07.06.2025, the allegation of assaulting the injured victim – Rajesh - 5 - HC-KAR NC: 2025:KHC-D:10881 CRL.A No. 100514 of 2025 C/W CRL.A No. 100519 of 2025 Doddamani with a broken beer bottle is only against accused no.2. Accused nos.3, 4, 11 & 13 allegedly had assaulted Rajesh Doddamani with a bat on his body, and the other accused persons had assaulted him with their hands and legs. Rajesh Doddamani who had suffered grievous injuries was admitted in the hospital for a period of eight days, and thereafter he has been discharged. His condition is said to be stable. Accused nos.1 to 4 & 11 to 14 have been granted regular bail by this Court in Crl.A.No.100458/2025 c/w Crl.A.No.100477/2025 disposed of on 19.08.2025. Investigation of the case is completed and charge sheet has been filed. Under the circumstances, I am of the opinion that appellants’ prayer for grant of regular bail is required to be answered affirmatively. Accordingly, the following order: 6. The appeals are allowed. The order dated 19.07.2025 passed by the Court of I Addl. District & Sessions Judge & Spl. Judge, Haveri, in Crime No.104/2025 registered by Haveri Town Police Station, Haveri, in so far as it relates to rejection of the regular bail application filed by the appellants herein, is hereby - 6 - HC-KAR NC: 2025:KHC-D:10881 CRL.A No. 100514 of 2025 C/W CRL.A No. 100519 of 2025 set aside, and the appellants are directed to be enlarged on bail, subject to the following conditions: a) Appellants shall execute personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The appellants shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; c) The appellants shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The appellants shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE KK CT:BCK LIST NO.: 1 SL NO.: 18