- 1 - HC-KAR NC: 2025:KHC-D:9275 CRL.A No. 100380 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL APPEAL NO. 100380 OF 2025 (U/S 14 A(2) OF SC AND ST ACT) BETWEEN: PRASHANT S/O MARUTI ROAJI, AGE: 40 YEARS, OCC: BUSINESS, R/O: JADDI, TQ: YELLAPUR, UTTARA KANNADA-582 759. … APPELLANT (BY SRI. SANKET SHANKRAPPA AMBALI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH YELLAPUR P.S., REPRESENTED BY ITS ADDL. STATE PUBLIC PROSECUTOR, SPP OFFICE, HIGH COURT OF KARNATAKA, DHARWAD. 2. CHINMAYA PARASHURAM DEVALI, AGE: 28 YEARS, OCC: BUSINESS, R/O: BEEGAR, TQ: YELLAPUR, UTTARA KANNADA-582 737. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:9275 CRL.A No. 100380 of 2025 3. SATISH ANANTA SIDDI, AGE: 28 YEARS, OCC: BUSINESS, R/O: BEEGAR, TQ: YELLAPUR, UTTARA KANNADA-582 737. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; R2 AND R3–SERVED AND UNREPRESENTED) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14(A)(2) OF THE SC/ST (POA) ACT, 2015 PRAYING TO, GRANT ANTICIPATORY BAIL TO THE APPELLANT/ACCUSED NO.3 ON SUCH TERMS AND CONDITIONS AS DEEMED FIT, IN YELLAPUR P.S. CRIME NO.111 OF 2025 DATED 08.05.2025 FOR THE OFFENCES PUNISHABLE UNDER SECTION 109, 115(2), 118, 126(2), 189(2), 190, 191(3), 351, 352 OF BNS, 2023 AND SECTION 3(1)(R), 3(1)(S), 3(2)(VA) OF THE SCHEDULED CASTE AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 2015 AND SET ASIDE THE ORDER DATED 09.06.2025 BEFORE THE LEARNED II ADDL. DISTRICT AND SESSIONS COURT, UTTARA KANNADA, KARWAR IN CRL. MISC. NO.197/2025, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:9275 CRL.A No. 100380 of 2025 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused No.3 in Crime No.111/2025 registered by Yellapura Police Station, Uttara Kannada District, for offences punishable under Sections 3(2)(va), 3(1)(r), 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015, Sections 109, 115(2), 118, 126(2), 189(2), 190, 191(3), 351, 352 of Bharatiya Nyaya Sanhita, 2023, is before this Court in this appeal filed under Section 14(A)(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015. 2. Heard the learned counsel for the appellant and learned HCGP for respondent No.1. Respondent Nos.2 and 3 who are served in the matter have remained unrepresented before this Court. 3. FIR in Crime No.111/2025 was registered by Yellapura Police Station, Uttara Kannada District, for the aforesaid offences against Shanmukha Eshwara Gouda and others based on the first information dated 08.05.2025 filed - 4 - HC-KAR NC: 2025:KHC-D:9275 CRL.A No. 100380 of 2025 by respondent No.3 Satish, who is one of the injured victims in the present case. Apprehending arrest in the case, appellant had filed Criminal Miscellaneous No.197/2025 before the jurisdictional Sessions Court, which was rejected on 09.06.2025. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that allegations of abusing the victims referring to their caste is made as against all the accused and the said allegation appears to be omnibus in nature. Allegation of assaulting injured victims with weapon and causing injury to them is found as against accused Nos.1 and 2. Appellant is arrayed as accused No.3 in the FIR and he allegedly had held the first informant. He was allegedly assaulted with a knife by accused No.1. Accused No.2 had assaulted the first informant as well as the other injured Chinmaya with the very same knife and had caused injuries to them. The wound certificate of the first informant Satish and the wound certificate of Chinmaya would not show that both the victims have suffered one grievous injury in the incident in question. However, considering the fact that allegation of assaulting - 5 - HC-KAR NC: 2025:KHC-D:9275 CRL.A No. 100380 of 2025 the injured victims with weapon is only as against accused Nos.1 and 2, I am of the opinion that prayer made by the appellant who has no other criminal antecedent for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following: ORDER Criminal Appeal is allowed. The order dated 09.06.2025 passed by the II Additional District and Sessions Judge, Uttara Kannada, Karwar in Criminal Miscellaneous No.197/2025 is hereby set aside. The respondent – Police or any other Police in the State of Karnataka are directed to release the appellant in the event of his arrest in Crime No.111/2025 registered by Yellapura Police Station, Uttara Kannada District, for offences punishable under Sections 3(2)(va), 3(1)(r), 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015, Sections 109, 115(2), 118, 126(2), 189(2), 190, 191(3), 351, 352 of Bharatiya Nyaya Sanhita, 2023, subject to the following conditions: - 6 - HC-KAR NC: 2025:KHC-D:9275 CRL.A No. 100380 of 2025 i. The appellant shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of the investigating officer. ii. The appellant shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. iii. The appellant shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon. iv. The appellant shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE RSH/CT:BCK LIST NO.: 1 SL NO.: 17