- 1 - HC-KAR NC: 2025:KHC-D:12676 CRL.A No. 100577 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL APPEAL NO. 100577 OF 2025 (U/S 14 A(2) OF SC AND ST ACT) BETWEEN: 1. SHRI MOHAMMADGOUSE S/O MEHABOOBSAB NADAF, AGE. 29 YEARS, OCC. PRIVATE WORK (DRIVER), R/O. BAPUJI COLONY, MISHRIKOTI, TQ. KALAGHATAGI, DIST. DHARWAD-581 196. 2. SHRI NASEER S/O MABUSAB KATNUR, AGE. 28 YEARS, OCC. COOLIE WORK, R/O. SUNAGAR ONI, MISHRIKOTI, TQ. KALAGHATAGI, DIST. DHARWAD-581 196. … APPELLANTS (BY SRI. R.H. ANGADI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, (KALAGHATAGI POLICE STATION), RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:12676 CRL.A No. 100577 of 2025 REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580 011. 2. SHRI SURESH S/O BASAPPA CHAVALAGERI, AGE. 40 YEARS, OCC. DRIVER, R/O. JAGNOOR, TQ. CHIKKODI, DIST. BELAGAVI, PRESENTLY R/O. MISHRIKOTI VILLAGE, TQ. KALAGHATAGI, DIST. DHARWAD-581 196. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. MAQABOOL AHMED PATIL, ADVOCATE FOR R2) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14A(2) OF SC/ST (POA) ACT, 1989, PRAYING TO SET ASIDE THE IMPUGNED ORDER OF REJECTION OF BAIL IN KALAGHATAGI P.S. CRIME NO.168/2025, DATED 31/07/2025 BY THE COURT OF IIND ADDITIONAL DISTRICT AND SESSIONS JUDGE DHARWAD AND SPECIAL COURT FOR TRIAL OF THE OFFENCES UNDER THE POCSO ACT AND S.C. AND S.T. (P.O.A.) ACT AND CONSEQUENTLY REGULAR BAIL BE GRANTED TO THE APPELLANTS/ACCUSED NO.1 AND 2 IN KALAGHATAGI P.S. CRIME NO.168/2025, FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 3(1)(R)(S), 3(2)(VA) OF SC AND ST (PREVENTION OF ATROCITIES) ACT AND UNDER SECTIONS 118(2), 351, 352 R/W 3(5) OF BNS 2023, BY ALLOWING THIS APPEAL MEET THE ENDS OF JUSTICE. THIS APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:12676 CRL.A No. 100577 of 2025 ORAL JUDGMENT (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Accused Nos.1 and 2 in Crime No.168/2025 registered by Kalaghatagi Police Station, Dharwad, for the offences punishable under Sections 3(1)(r)(s), 3(2)(va) of the SC & ST (POA) Amendment Act, 2015 and Sections 118(2), 351, 352 and 3(5) of BNS, 2023, are before this Court in this appeal filed under Section 14A(2) of the SC & ST (POA) Act, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.168/2025 was registered by Kalaghatagi Police Station, Dharwad, for the aforesaid offences against appellants herein based on the first information dated 17.07.2025 received from Suresh Chavalageri S/o Basappa. During the course of investigation of the case, appellants were arrested on 20.07.2025 and subsequently, remanded to judicial custody. Their bail application filed before the Trial Court in Crime No.168/2025 was rejected on 31.07.2025. Therefore, they are before this Court. - 4 - HC-KAR NC: 2025:KHC-D:12676 CRL.A No. 100577 of 2025 4. Perusal of the material on record would go to show that appellants and the victim, who is the first informant in the present case, are acquainted with each other and on 12.07.2025 at about 09.30 p.m., they had quarrelled with each other on the issue of driving JCB and it is alleged that the appellants had assaulted the victim on his face with a weapon and caused injuries to him. He was thereafter taken to a Hospital and after taking treatment in the Hospital, he was discharged from the Hospital on 13.07.2025. Subsequently, he had approached the police and had submitted the first information. 5. Investigation of the case is completed and charge sheet is already filed. Perusal of the charge sheet would go to show that injured victim was assaulted with a metal bangle which was worn by accused No.2 in his hand and as a result of said assault, victim has suffered four injuries. Injury Nos.2 to 4 are certified as simple in nature and injury No.1 is avulsion of right ear with exposure of cartilage and an underlying structures with active bleeding, is considered as a grevious injury. Undisputedly, the incident in question had taken place on 12.07.2025 and the first informant was discharged from the Hospital on 13.07.2025 itself. - 5 - HC-KAR NC: 2025:KHC-D:12676 CRL.A No. 100577 of 2025 First information is belatedly filed on 17.07.2025 and there is no satisfactory explanation for the same. Investigation of the case is already completed and charge sheet has been filed. It is also not in dispute that the appellants do not have any other criminal antecedents. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the appellants for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 6. The Criminal Appeal is allowed. The order dated 31.07.2025 passed by the II Addl. District and Sessions Judge, Dharwad in Crime No.168/2025 is hereby set-aside and the appellants are directed to be enlarged on bail in Crime No.168/2025 registered by Kalaghatagi Police Station, Dharwad, for the offences punishable under Sections 3(1)(r)(s), 3(2)(va) of the SC & ST (POA) Amendment Act, 2015 and Sections 118(2), 351, 352 and 3(5) of BNS, 2023, 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 - 6 - HC-KAR NC: 2025:KHC-D:12676 CRL.A No. 100577 of 2025 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; e) The appellants shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. Sd/- (S.VISHWAJITH SHETTY) JUDGE DN CT:BCK LIST NO.: 1 SL NO.: 21