- 1 - HC-KAR NC: 2025:KHC-D:14790 CRL.A No. 100667 of 2025 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 31ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL APPEAL NO.100667 OF 2025 (U/S 14 A(2) OF SC AND ST ACT) BETWEEN: SHRI LINGARAJ @ NINGAPPA S/O. SHRI ISHWAR ITI, AGE. 32 YEARS, OCC. AGRICULTURE, R/O. H.NO.6453, INDIRA NAGAR, BAILHONGAL, TQ. BAILHONGAL, DIST. BELAGAVI-591102. …APPELLANT (BY SRI NAGARATNA S. PATTAR, ADVOCATE.) AND: 1. THE STATE OF KARNATAKA, THROUGH STATE HOUSE OFFICER, BAILHONGAL POLICE STATION, DIST. BELAGAVI, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT BENCH DHARWAD. 2. SRI SANTOSH S/O. SHRI BABU MADIGAR, AGE. 32 YEARS, OCC. COOLIE, R/O. NAVALGATTI, TQ. BAILHONGAL, DIST. BELAGAVI-591125. …RESPONDENTS (BY SRI JAIRAM SIDDI, HCGP FOR R1; NOTICE TO R2 IS SERVED.) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14A(2) OF SCHEDULED CASTES AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 1989 PRAYING TO SET ASIDE THE ORDER Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:14790 CRL.A No. 100667 of 2025 IN CRL.MISC.NO.1123/2025 DATED 30.09.2025 AND BY ALLOWING THIS APPEAL TO RELEASE THE APPELLANT/ACCUSED NO.8 ON BAIL, IN BAILHONGAL P.S. CRIME NO.180/2025 REGISTERED ON 10.08.2025 AT 19.30 HOURS, FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 189(2), 191(2), 115(2), 118(1), 118(2), 109, 352, 351(2) READ WITH SECTION 190 OF BHARATIYA NYAYA SANHITA, 2023 AND UNDER SECTIONS 3(1)(R), 3(1)(S), 3(2)(V), 3(2)(VA) OF SCHEDULED CASTES AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 1989, PENDING ON THE FILE OF III ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI, IN THE INTEREST OF JUSTICE. THIS CRIMINAL APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) The appellant who is arraigned as accused No.8, is before this Court, seeking for regular bail in Crime No.180/2025 of respondent police, registered for the offence punishable under section 189(2), 191(2), 115(2), 118(1), 118(2), 109(1), 352, 351(2) read with Section 109 of Bharatiya Nyaya Sanhita, 2023 and section 3(1)(r), 3(1)(s), 3(2)(v), 3(2)(v-a) of Scheduled Castes And Scheduled Tribes (Prevention Of Atrocities) Act, 1989. - 3 - HC-KAR NC: 2025:KHC-D:14790 CRL.A No. 100667 of 2025 2. The factual matrix of the case is that on 09.08.2025, the complainant and his friends had been to Green Garden Hotel at Bailhongal, for having dinner. At about 07.30 p.m., when the complainant and his friends were having dinner, Satish Ulavappa Totagi was quarreling with the waiter. The complainant and his friends enquired as to why they were quarreling with each other. Then the waiter stated that the said Satish did not give money. When they were questioning the waiter, Anil Totagi, accused No.1 herein, stated to have gone to the place where the incident was being taken place and started quarreling. The accused No.2 along with Mahesh Naganur and Ameet Pujari went there and started quarreling with the complainant and others. It is further alleged that the accused Nos.1, 2 and others scolded them by naming the caste of the complainant and others. Therefore, a complaint came to be registered against them. The respondent police have registered a case in Crime No.180/2025. The investigation - 4 - HC-KAR NC: 2025:KHC-D:14790 CRL.A No. 100667 of 2025 is under process. Therefore, the appellant is before this Court seeking for regular bail. 3. Heard Sri Neelendra D. Gunde, learned counsel for appellant, and Sri Jairam Siddi, learned HCGP for respondent No.1 and perused the material placed before the Court. 4. It is the submission of the learned counsel for appellant that the appellant has been falsely implicated in this case and he is innocent of the alleged offences. The entire allegation rests on accused No.4. Though, the appellant is alleged to have committed the offence, the allegations made against him are omnibus in nature. Appellant is aged about 32 years and doing business and permanent resident of the addresses given in the cause title and abide the conditions imposed by this Court in the event of his release on bail. 5. The learned HCGP appearing for respondent No.1 State vehemently submitted that this is a case and counter - 5 - HC-KAR NC: 2025:KHC-D:14790 CRL.A No. 100667 of 2025 case. The respondents are also in judicial custody and they also sustained injuries. They had sustained severe injuries at the hands of the accused. The overt-act of each accused has been narrated in the complaint. At the instance of accused, the incident had occurred. Therefore, he is not entitled for the relief as prayed for. Making such submissions he prays dismiss the appeal. 6. Having heard the learned counsels for the respective parties and also perused the averments of the complaint, it appears that, accused Nos.1 and 2 had been to have dinner. There was a quarrel which was being taken place in the hotel. The accused persons interfered and enquired as to why the said incident was being taken place. In the meantime, the complainant and others started quarrelling with the appellant and others. There were reciprocal abuses and also they assaulted each other. The allegations made against the accused No.1 is that, he scolded by naming the caste of the complainant. The present appellant is arrayed as accused No.8, no specific - 6 - HC-KAR NC: 2025:KHC-D:14790 CRL.A No. 100667 of 2025 overt-act is attributed against the appellant. Having considered the nature of offence and also considering that the appellant is in judicial custody from 14.08.2025, it is appropriate to grant him bail by allowing this appeal. Hence, I proceed to pass the following: ORDER i) The appeal is allowed. ii) The appellant who is accused No.8, is ordered to be enlarged on bail in Crime No.180/2025, of respondent police, pending on the file of III Additional District and Sessions Judge, Belagavi, on executing his personal bond for a sum of ₹1,00,000/- (One Lakh Rupees), along with one surety for the like sum, to the satisfaction of the Trial Court. iii) The appellant shall appear before the Court on all hearing dates without fail. - 7 - HC-KAR NC: 2025:KHC-D:14790 CRL.A No. 100667 of 2025 iv) The appellant shall not threaten the prosecution witnesses. v) The appellant shall not commit similar or any other criminal offences till disposal of the case. In case, if the appellant violates any of the conditions enumerated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE MRK CT: UMD List No.: 1 Sl No.: 4