- 1 - NC: 2025:KHC-D:680 CRL.A No. 100679 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL APPEAL NO. 100679 OF 2024 (U/S 14 A(2) of SC and ST ACT) BETWEEN: SAHIL S/O. KHATALSAB SHEKHA AGE. 24 YEARS, OCC. WELDER, R/AT MANAKILLA, DIST. DHARWAD-580001. …APPELLANT (BY SRI. GOURI SHANKAR MOT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DHARWAD RURAL POLICE STATION, DHARWAD, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD. 2. SANDEEP RAJAMANIK SHINDE AGE. 29 YEARS, R/AT. MANAKILLA, TQ AND DIST. DHARWAD-580001. …RESPONDENTS (BY SRI. T.HANUMAREDDY, ADDL. GOVT. ADVOCATE FOR R1; NOTICE TO R2 IS SERVED) THIS CRIMINAL APPEAL IS FILED U/S 14 A(2) OF SC/ST POA ACT 2015, PRAYING TO, SET ASIDE ORDER DATED 15.11.2024 AND CONSEQUENTLY ALLOW THE APPEAL AND ENLARGE THE APPELLANT/ACCUSED NO.2 ON BAIL AS ATTACHED IN DHARWAD RURAL POLICE STATION CRIME NO.179/2024 PENDING ON THE FILE OF 2ND ADDL.DISTRICT AND SESSIONS JUDGE, DHARWAD AND SPECIAL COURT FOR TRIAL OF THE OFFENCES UNDER THE POCSO ACT AND SC AND ST (POA) ACT IN SPL.SC/ST NO.54/2024 FOR THE OFFENCE PUNISHABLE U/S 103(1), 3(5), 61(1) OF BNS 2023, AND SECTION 3(2)(v) OF SC/ST POA ACT, 2015. B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.18 10:41:56 +0530 - 2 - NC: 2025:KHC-D:680 CRL.A No. 100679 of 2024 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL JUDGMENT 1. The accused No.2, who is facing charges for offences punishable under Sections 103(1), 3(5), 61(1) of the Bharatiya Nyaya Sanhita, 2023, and Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act, 2015, is before this Court seeking to be enlarged on bail. 2. The prosecution’s case is that accused No.1 had taken a hand loan of ₹1,00,000 from the deceased, Harish. Despite repeated demands by Harish, accused No.1 failed to repay the amount. On one occasion, Harish went to accused No.1’s house to demand repayment and allegedly remarked that if accused No.1 could not repay the loan, he should send the women of his house with him. This led to accused No.1 holding a grudge against Harish. 3. On 22.07.2024, at about 7:30 p.m., accused Nos.1 and 2 allegedly conspired to murder Harish. Accused No.1 called Harish and promised to return the money, asking him to come to Hebballi Agasi. Harish arrived at the location on a motorcycle belonging to CW24, Sunil Garag. Accused No.1 then took Harish on the same motorcycle to land bearing Sy. No. 92 belonging to CW20, Channappa Godi, located at Hosayallapur-V, where soybean crops were grown. - 3 - NC: 2025:KHC-D:680 CRL.A No. 100679 of 2024 4. Accused No.1 subsequently called accused No.2, asking him to come to the spot. Accused No.2 arrived on a motorcycle belonging to CW23, Manasurali. 5. At about 8:00 p.m., the accused allegedly picked a quarrel with Harish and abused him in filthy language, referring to his caste, knowing he belonged to the Hindu Dor Scheduled Caste. With the intent to murder Harish, accused No.1 struck him on the head with an iron machchu, causing grievous injuries and pushing him to the ground. Accused No.2 then allegedly struck Harish on the head with a large stone, causing further grievous injuries, resulting in Harish’s death. 6. The accused allegedly stole a gold chain from Harish’s neck, ₹25,000 in cash from his pocket, and a OnePlus mobile phone before fleeing the scene on the motorcycle of CW23. Based on the complaint, Dharwad Rural Police registered a case in Crime No. 179/2024. During the investigation, the police arrested the accused. 7. The learned counsel for the appellant argued that the entire case of the prosecution is based on circumstantial evidence, with no eyewitnesses to the incident. It was contended that accused No.2 has been implicated solely on the basis of the confession statement of accused No.1. As the circumstances need to be proved during the trial, the appellant is entitled to be released on bail. - 4 - NC: 2025:KHC-D:680 CRL.A No. 100679 of 2024 8. In response, the learned Additional Government Advocate for the respondent–State submitted that the mobile phone belonging to the deceased was recovered from accused No.2. Therefore, there is sufficient material to substantiate the charges against accused No.2, and the appellant is not entitled to bail. The State sought dismissal of the appeal. 9. The arguments of the learned counsel for both parties have been duly considered. 10. It is evident that accused No.1 was arrested based on the suspicion that the deceased was last seen with him and due to the grudge arising from the loan of ₹1,00,000. Accused No.2 was arrested based on the confession statement of accused No.1. The recovery of the mobile phone belonging to the deceased from accused No.2 was recorded at the police station. 11. The entire case of the prosecution rests on circumstantial evidence, which must be proved during the trial. The appellant has established a prima facie case for being enlarged on bail. Accordingly, the appellant is entitled to be released on bail, subject to appropriate conditions. Accordingly, I pass the following: ORDER i) The appeal stands allowed. ii) The appellant/accused No.2 is enlarged on bail in Spl.SC/ST No.54/2024 pending on the file of learned II Addl. - 5 - NC: 2025:KHC-D:680 CRL.A No. 100679 of 2024 District & Sessions Judge, Dharwad and Special Court for trial of the offences under the POCSO Act and SC/ST (POA) Act for the offences punishable under Sections 103(1), 3(5), 61(1) of BNS, 2023 and Section 3(2)(v) of SC and ST (Prevention of Atrocities) Act, 2015, subject to the following conditions: a) The appellant/accused No.2 shall furnish indemnity bond for a sum of Rs.One lakh with one surety for the likesum to the satisfaction of the jurisdictional Court. b) He shall appear before the Court as and when required. c) He shall not threaten or allure the prosecution witnesses in whatsoever manner. d) He shall not get involved in similar offences. e) He shall not leave the territorial limits of the Trial Court without prior permission of the Trial Court. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM Ct:vh List No.: 1 Sl No.: 51