- 1 - HC-KAR NC: 2025:KHC-D:13190 CRL.A No. 100565 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL APPEAL NO. 100565 OF 2025 (U/S 14 A(2) OF SC AND ST ACT) BETWEEN: SACHIN S/O MAHANINGAPPA KANTENNAVAR, AGE. 28 YEARS, OCC. AGRICULTURE, R/O. KALLOLI, TQ. MUDALAGI, DIST. BELAGAVI-591 224. … APPELLANT (BY SMT. PRIYANKA PAWAR, ADVOCATE FOR SRI. A.K. INGALE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH REPRESENTED BY THE PSI POLICE SUB INSPECTOR, GHATAPRABH POLICE STATION, BELAGAVI, GHATAPRABH-591 306, TQ. GOKAK, DIST. BELAGAVI, THROUGH SPP, HIGH COURT OF KARNATAKA, BENCH DHARWAD. 2. KAVERI W/O HANAMANT TALAWAR, AGE. 26 YEARS, OCC. HOUSEHOLD, R/O. KALLOLI, NOW AT: KONNUR, TQ. GOKAK, DIST. BELAGAVI-591 308. … 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, PRAYS THAT MAY BE ALLOWED AND SET ASIDE THE IMPUGNED ORDER PASSED ON 09/07/2025 IN CRIMINAL MISC. NO.615/2025 AND THE APPELLANT MAY BE ORDERED TO BE RELEASED ON BAIL IN GHATAPRABHA P.S. CRIME NO.211/2024 IN SPL. CASE NO.26/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 103(1), 61(2), 238 R/W 3(5) OF B.N.S. AND UNDER SECTION 3(2) (V) SC/ST PA ACT, PENDING ON THE CASE OF THE III ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI, 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:13190 CRL.A No. 100565 of 2025 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.2 in Special Case No.26 of 2025 pending before the Court of III Additional District and Sessions Judge and Special Judge, Belagavi arising out of Crime No.211 of 2024 registered by Ghataprabha Police Station, Belagavi for offences punishable under Sections 103(1), 61(2), 238 read with Section 3(5) of BNS, 2023 and Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, ‘the SC/ST (POA) Act’), is before this Court in this appeal filed under Section 14-A(2) of the SC/ST (POA) Act seeking regular bail. 2. Heard learned counsel for the appellant and learned HCGP for respondent No.1. Respondent No.2, who is served in the matter, has remained unrepresented before this Court. 3. FIR in Crime No.211 of 2024 was initially registered for offences punishable under Section 103(1) - 3 - HC-KAR NC: 2025:KHC-D:13190 CRL.A No. 100565 of 2025 read with Section 3(5) of BNS 2023 and Section 3(2)(v) of the SC/ST (POA) Act against Basappa Talawar and others based on the first information dated 02.12.2024 received from Smt.Kaveri Hanamant Talawar, wife of deceased- Hanamant. During the course of investigation, appellant herein, who is arrayed as accused No.2 in the FIR was arrested on 03.12.2024 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against four persons. Appellant is arrayed as accused No.2 in the charge sheet. His bail application filed before the trial Court was rejected. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that initially after the dead body of deceased Hanamant Talwar was found, a UDR case was registered. Subsequently, since the wife of the deceased had suspected the hand of the accused named the FIR in the death of her husband, FIR was registered against Basappa Talawar and three others. Accused No.1 – Basappa Talawar is the - 4 - HC-KAR NC: 2025:KHC-D:13190 CRL.A No. 100565 of 2025 brother of deceased Hanamant. Allegation in the charge sheet is that accused No.1 had purchased life insurance policy in the name of his brother Hanamant and had named himself as the nominee under the life insurance policy. With an intention to claim the money covered under the life insurance policy, accused No.1 allegedly conspired with accused Nos.2 to 4 to commit the murder of his brother Hanamant and in furtherance of such a conspiracy, on 02.11.2024, accused persons had taken Hanamant along with them on the pretext of fetching some sandalwood billets and thereafter, accused Nos.1 and 2 had assaulted Hanamant in a isolated place with an iron rod and committed his murder. 5. The entire case of the prosecution is based on circumstantial evidence. Except the alleged confession statement of accused No.1, at this stage, there is no other strong material to connect the other accused. Accused Nos.3 and 4 have been granted regular bail by this Court in Criminal Appeal No.100145 of 2025 connected with Criminal - 5 - HC-KAR NC: 2025:KHC-D:13190 CRL.A No. 100565 of 2025 Appeal No.100150 of 2025 disposed of on 03.04.2025. Undisputedly, the appellant has no other criminal antecedents. Under the circumstances, the following: ORDER Criminal Appeal is allowed. The order dated 09.07.2025 passed by the Court of III Additional Sessions Judge, Belagavi in Criminal Miscellaneous No.615 of 2025 rejecting the regular bail application of accused No.2 – appellant is set aside and the accused No.2 – appellant is directed to be enlarged on bail in Special Case No.26 of 2025, pending before the Court of III Additional District and Sessions Judge and Special Judge, Belagavi, arising out of Crime No.211 of 2024 registered for offences punishable under Sections 103(1), 61(2), 238 read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, subject to the following conditions: - 6 - HC-KAR NC: 2025:KHC-D:13190 CRL.A No. 100565 of 2025 i. The appellant 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; ii. 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; 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; v. 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) JUDGE KGK & RSH / CT:BCK LIST NO.: 1 SL NO.: 11