- 1 - NC: 2025:KHC-D:4657 CRL.A No. 100578 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL APPEAL NO.100578 OF 2024 BETWEEN: SHIVANAND @ SHEDSHIVU S/O. SHANKRAPPA KATAGI, AGE: 27 YEARS, OCC: LABOURER, R/O: VAJAPAYEE COLONY, NAVANAGAR, BAGALKOTE, TQ & DIST: BAGALKOTE – 587 101. …APPELLANT (BY SRI NAVEEN CHATRAD, ADVOCATE) AND: 1. STATE OF KARNATAKA, NAVANAGARA P S., REP. BY ITS ADDL STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD. 2. MANJUNATH S/O. RAMESH TALAWAR, AGE: 23 YEARS, OCC: STUDENT, R/O: NAVANAGARA TEACHER COLONY, NEAR ARUNDATI SCHOOL, BAGALKOTE, TALUK AND DISTRICT: BAGALKOTE – 587 101. …RESPONDENTS (BY SRI ABHISHEK MALIPATIL, HCGP FOR R1; NOTICE TO R2 IS SERVED BUT NOT REPRESENTED) THIS CRIMINAL APPEAL IS FILED U/S 14 A(2) OF SC/ST (POA) ACT, PRAYING TO ALLOW THIS CRIMINAL APPEAL BY SETTING ASIDE THE ORDER DATED 02.09.2024 PASSED BY THE LEARNED II ADDL. DISTRICT AND SESSIONS JUDGE, BAGALKOTE, IN SPL.CASE NO.30/2021 AND CONSEQUENTLY RELEASE ON REGULAR BAIL THE APPELLANTS/ACCUSED NO.7 CRIME NO.10/2021 OF NAVANAGAR P.S. FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 323, 324, 307, 109, 504, 506 READ WITH 149 OF INDIAN PENAL CODE AND ALSO UNDER SECTIONS 3(1)(r)(s) AND 3(2)(vii) OF SCHEDULED CASTES AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) AMENDMENT ORDINANCE 2014 IN SPL. CASE NO.30/2021 PENDING ON THE FILE OF LEARNED II ADDL. DISTRICT AND SESSIONS JUDGE, BAGALKOTE IN THE INTEREST OF JUSTICE AND EQUITY. THIS CRIMINAL APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:4657 CRL.A No. 100578 of 2024 CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT This appeal is filed by the appellant-accused No.7 praying to set aside the order dated 02.09.2024 passed in Special Case No.30/2021 by the II Additional District and Sessions Judge, Bagalkote, whereunder the bail application filed by the appellant under Section 483 of BNSS sought in respect of the case registered for offence punishable under Sections 143, 147, 148, 323, 324, 307, 109, 504, 506 r/w Section 149 of IPC and Sections 3(1)(s), 3(1)(r) and 3(2)(v) of SC/ST (P.O.A) Act came to be rejected. 2. Heard the learned counsel for the appellant and the learned High Court Government Pleader for respondent No.1-State. In spite of service of notice, respondent No.2 remained absent and un-represented. 3. The appellant-accused No.7 is facing trial for the aforesaid offences in Special Case No.30/2021 pending - 3 - NC: 2025:KHC-D:4657 CRL.A No. 100578 of 2024 on the file of the II Additional District and Sessions Judge, Bagalkote. The appellant-accused No.7 has been granted bail by the Sessions Court and he was on bail. The appellant-accused No.7 remained absent and the learned Special Judge has issued a NBW and the appellant-accused No.7 has been secured by executing the NBW. The appellant-accused No.7 has been taken into judicial custody. The appellant-accused No.7 filed bail application under Section 483 of BNSS and the same came to be rejected by the impugned order. The said order has been challenged by the appellant-accused No.7 in this appeal. 4. The learned counsel for the appellant-accused No.7 would contend that the appellant was on bail during the trial and as he was absent, NBW has been issued and he has been secured by executing NBW. He further submits that the absence of the appellant-accused No.7 is for a bonafide reason, as he had been to some other place for eking out his livelihood. He further submits that the grandmother of the appellant is not well and he has to - 4 - NC: 2025:KHC-D:4657 CRL.A No. 100578 of 2024 take care of her. He further submits that the appellant- accused No.7 would undertake that he will appear before the trial Court on all dates of hearing and corporate for speedy disposal of the case. With this, he prayed to set aside the impugned order and grant bail to the appellant- accused No.7. 5. Learned High Court Government Pleader for respondent No.1-State would contend that the appellant- accused No.7 has violated the bail conditions. The absence of the appellant-accused No.7 has hampered the trial. The trial has been commenced and one witness has been examined. Considering the said aspect, the trial Court has rightly rejected the bail application by the impugned order. With this he prayed for dismissal of the appeal. 6. Having heard the learned counsel for the appellant-accused No.7 and the learned High Court Government Pleader for respondent No.1-State, this Court have perused the impugned order and the other materials placed on record. - 5 - NC: 2025:KHC-D:4657 CRL.A No. 100578 of 2024 7. The appellant-accused No.7 had been granted bail by the Special Court and he was facing trial in a Special Case No.30/2021 for the aforesaid offences. The appellant-accused No.7 remained absent, NBW has been issued and he has been secured by executing NBW. The appellant-accused No.7 has been taken into the judicial custody. The appellant-accused No.7 stated in his bail application that he had gone to some other place for eking out his livelihood, therefore he could not attend the Court. Without considering the said aspect, the learned trial Judge has harped upon the aspect that the appellant could not take shelter of the earlier bail order. The appellant has put forth the sufficient cause for his absence before the trial Court. As the appellant was earlier granted bail, he is entitled for grant of bail as he has undertaken to appear before the trial Court on all dates of hearing and cooperate for speedy disposal of the case. The appellant-accused No.7 has made out grounds for setting the impugned order and grant of bail. In the result the following: - 6 - NC: 2025:KHC-D:4657 CRL.A No. 100578 of 2024 ORDER i) The impugned order dated 02.09.2024 passed in Special Case No.30/2024 is set aside. ii) The bail application of the appellant- accused No.7 stands allowed and he is ordered to be enlarged on bail, subject to the following conditions: a) The appellant-accused No.7 shall executive a personal bond for a sum of ₹1,00,000/- [Rupees One Lakh] with one surety for the likesum to the satisfaction of the trial Court. b) The appellant-accused No.7 shall not tamper the prosecution witnesses. - 7 - NC: 2025:KHC-D:4657 CRL.A No. 100578 of 2024 c) The appellant-accused No.7 shall appear before the trial Court on all dates of hearing unless exempted and corporate for the speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE PJ/CT-ASC List No.: 1 Sl No.: 5