- 1 - HC-KAR NC: 2025:KHC-D:13735 CRL.A No. 100582 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 13TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL APPEAL NO.100582 OF 2025 (U/S 14 A(2) of SC and ST ACT) BETWEEN: GOUSE MOHAMMAD S/O. ISMAILSAB NADAF, AGE. 40 YEARS, OCC. PLUMBER, R/O. LAKUR VILLAGE, NEAR MASJID, TQ. AND DIST. DHARWAD-581206. …PETITIONER (BY SRI. I.Y. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH HUBBALLI KESHWAPUR P.S., REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580011. 2. SRI GOUTHAM S/O. KUMAR BETEGERI, AGE. 29 YEARS, OCC. PRIVATE WORK, R/O. SONIAGANDHINAGAR IIIRD CROSS, BIDNAL, TQ. HUBBALLI, DIST. DHARWAD-580030, CELL NO.9632464116. …RESPONDENTS (BY SRI. PRAVEEN Y.DEVAREDDI, HCGP FOR R1; NOTICE TO R2 IS SERVED) Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:13735 CRL.A No. 100582 of 2025 THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14 A(2) OF SC AND ST (POA) ACT 1989, PRAYING TO SET ASIDE THE ORDER DATED 20-08-2025 PASSED BY THE IIND ADDL. DISTRICT AND SESSIONS JUDGE DHARWAD AND SPECIAL COURT FOR TRIAL OF THE OFFENCES UNDER P.O.C.S.O. ACT AND S.C.S.T. (P.O.A) ACT ON BAIL APPLICATION FILED UNDER SECTION 483 OF BNSS, AND BE PLEASE TO RELEASE APPELLANT/ACCUSED NO.1 ON BAIL IN SPL.SC. AND ST NO.7/2025 ARISING OUT OF HUBBALLI KESHWAPUR P S CRIME NO-222/2024, FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 309(4) AND 103(1) OF BHARATIYA NYAYA SANHITA, 2023 AND UNDER SECTION 3(2)(V) OF SC AND ST (P.O.A) AMENDMENT ACT, 2015, PENDING ON THE FILE OF IIND ADDL. DISTRICT AND SESSIONS JUDGE, DHARWAD AND SPECIAL COURT FOR TRIAL OF THE OFFENCES UNDER P.O.C.S.O. ACT AND S.C AND S.T. (P.O.A) ACT., IN THE INTEREST OF JUSTICE. THIS CRIMINAL APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:13735 CRL.A No. 100582 of 2025 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) This appeal is filed by the appellant seeking for regular bail for the offences punishable under Sections 309(4) and 103(1) of Bharatiya Nyaya Sanhita, 20231 and Sections 3(2)(v) of Schedule Caste and Schedule Tribe (Prevention of Atrocities) Amendment Act, 20152. The complaint came to be registered against the unknown persons for having killed the deceased. 2. The facts of the case have been unfold in such a way that, on 21.12.2024 at about 18.00 hours, the appellant/accused in order to commit robbery gave lift to Kumar S/o. Yallappa Betageri. He proceeded certain distance and stopped the bike and tried to commit robbery by way of taking money which was kept in the short pocket of said Kumar. 3. When the said Kumar resisted the accused, the accused assaulted him and pushed him on the ground and the pressed his neck by his right leg. Consequently, the said Kumar 1 For short ‘BNS, 2023’ 2 For short ‘SC and ST Act, 2015’ - 4 - HC-KAR NC: 2025:KHC-D:13735 CRL.A No. 100582 of 2025 died. Based on the information, a case was registered. After conducting investigation, the charge sheet has been filed. 4. Heard the learned counsel Sri.I.Y.Patil for the appellant and the learned High Court Government Pleader Sri.Praveen Y.Devareddi for respondent No.1 and perused the material available on record. 5. It is the submission of the learned counsel for the appellant that the present case is based on the circumstantial evidence. Merely because, there are witnesses, who are stated to be the witness to the last scene theory, that itself is not sufficient to render the conviction. 6. It is further submitted that, the appellant is the resident of Lokur village, Dharwad Taluk and District and he was working as a Plumber. The entire family is depending on his income. The appellant is ready to abide by any conditions to be imposed by this Court in the event of his release on bail. Having submitted thus, the learned counsel for the appellant prays to allow the appeal. - 5 - HC-KAR NC: 2025:KHC-D:13735 CRL.A No. 100582 of 2025 7. Per contra, learned High Court Government Pleader vehemently submitted that, CWs.8, 9, 10 and 11 are the eye- witnesses to the alleged incident. The appellant on the pretext of giving lift to the deceased has committed robbery of ₹1,010/- and also killed the deceased on account of that he belongs to Scheduled Caste. As the appellant has committed the heinous offence against the person, who belongs to Scheduled Caste, is not entitled for bail. Having submitted thus, the learned High Court Government Pleader prays to dismiss the appeal. 8. Having heard the learned counsel for the respective parties and also perused the averments of the charge sheet, it appears that, initially, a case came to be registered against the unknown persons. During investigation, the facts of the case have been unfolded in such a way that the appellant in order to commit robbery gave lift to the deceased. In the midst of their journey, he stopped the bike and tried to take away the amount from the deceased. When he resisted, he killed him. 9. Be that as it may, the entire case is based on the circumstantial evidence. Though, there are witnesses to last seen theory, however, their evidence has to be assessed through trial. - 6 - HC-KAR NC: 2025:KHC-D:13735 CRL.A No. 100582 of 2025 10. It is needless to say that, when the entire case is based on the circumstantial evidence, the Courts must be liberal in granting the bail keeping in mind the rights and liberties guaranteed under Article 21 of the Constitution of India. 11. Hence, I proceeded to pass the following; ORDER i] The Criminal Appeal is allowed. ii] The order dated 20.08.2025 passed in Spl.SC and ST No.7/2025 by the II-Additional District and Sessions Judge, Dharwad and Special Court, is set aside. iii] The appellant/accused is ordered to be enlarged on bail in Crime No.222/2024 of respondent/Police on executing a personal bond for a sum of ₹1,00,000/- [Rupees One Lakh only] with one surety for the likesum to the satisfaction of the trial Court, subject to the following conditions: - 7 - HC-KAR NC: 2025:KHC-D:13735 CRL.A No. 100582 of 2025 a) The appellant shall not threaten the prosecution witnesses or hamper the proceedings of the Court. b) The appellant shall not commit any offence or similar offence till disposal of the proceedings. Sd/- (S.RACHAIAH) JUDGE PJ/ CT: UMD List No.: 1 Sl No.: 5