- 1 - HC-KAR NC: 2025:KHC-D:13880 CRL.A No. 100583 of 2025 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL APPEAL NO.100583 OF 2025 (U/S 14 A(2) OF SC AND ST ACT) BETWEEN: SMT. PUJA W/O. GANGADHAR M., AGE. 30 YEARS, OCC. HOUSEHOLD WORK, R/O. HOSANTE, POST. NEECHADI, TQ. SAGAR, DIST. SHIVAMOGGA-577431. …PETITIONER (BY SRI RAM P. GHORPADE, ADVOCATE.) AND: 1. STATE OF KARNATAKA, BY SIRSI TOWN POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-11. 2. SRI MANJUNATH S/O. RANGAPPA AGE. 60 YEARS, OCC. AGRICULTURE, R/O. HOSANTE, PO. NEECHADI, TQ. SAGAR, DIST. SHIVAMOGGA-577431. …RESPONDENTS (BY SRI JAIRAM SIDDI, HCGP FOR R1; R.2 – NOTICE SERVED, UNREPRESENTED.) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14 A(2) OF THE SCHEDULED CASTES AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 1989, PRAYING TO SET ASIDE THE ORDER DATED 18.06.2025 AND ENLARGE THE Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:13880 CRL.A No. 100583 of 2025 PETITIONER/ACCUSED NO.2 ON BAIL, IN SPECIAL CASE NO.35/2025 (CRIME NO.20/2025 OF SIRSI TOWN P.S.), ON THE FILE OF II ADDITIONAL DISTRICT AND SESSIONS JUDGE, UTTAR KANNADA, KARWAR, FOR THE ALLEGED OFFENCES UNDER SECTIONS 103, 54, 3(5) OF BHARATIYA NYAYA SANHITA, 2023 AND SECTION 3(2)(V) OF THE SCHEDULED CASTES AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) AMENDMENT ACT, 2015, IN THE INTEREST OF JUSTICE AND EQUITY. 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 is before this Court, who is arraigned as accused No.2, seeking regular bail in Special Case No.35/2025 (Crime No.20/2025 of Sirsi Town P.S.), pending on the file of II Additional District and Sessions Judge, Uttar Kannada, Karwar. 2. It is the case of prosecution that accused No.2 is the wife of the deceased. Prior to her marriage she had a love affair with accused No.1. It was continued even after she married the deceased. On 22.02.2025 around about 10.00 p.m., herself and her husband were travelling in KSRTC bus from Sirsi, the bus reached near Government - 3 - HC-KAR NC: 2025:KHC-D:13880 CRL.A No. 100583 of 2025 Hospital at about 10.10 p.m. The accused No.1 who was also in the same bus, immediately, started assaulting the deceased with knife on various parts of the body and committed murder of the deceased. 3. On 23.02.2025, the police arrested accused No.1 and recorded voluntary statement wherein he had disclosed the fact that he had love affair with accused No.2, hence, he has committed murder of the deceased to continue his illicit relationship with accused No.2. The driver of the KSRTC bus had lodged a complaint. On the basis of said complaint, the respondent-police registered a case and conducted investigation and submitted the charge sheet. 4. Heard Sri Ram P. Ghorpade, learned counsel for the appellant and Sri Jairam Siddi, learned HCGP for respondent No.1 State. 5. It is the submission of the learned counsel for the appellant that the appellant is innocent of the alleged offences, she has been falsely implicated in this case. In - 4 - HC-KAR NC: 2025:KHC-D:13880 CRL.A No. 100583 of 2025 fact, the voluntary statement of accused No.1 cannot be considered to implicate the accused as it is hit by Sections 24 and 25 of the Indian Evidence Act. 6. It is further submitted that the prosecution has failed to establish that at the instance of accused No.2, her husband had been murdered. Therefore, the appellant may be enlarged on bail by imposing suitable conditions. 7. Per contra, the learned HCGP vehemently opposed the said submissions and he further submitted that the appellant instigated accused No.1 to commit murder of her husband. The incident had taken place in the bus in front of many passengers. The driver and conductor are the eye-witnesses for the incident along with others. The case is based on the eyewitnesses and the incident had occurred in broad day light. Accused No.1 had frightened the entire situation at that movement, therefore, accused No.2 being a conspirator is not entitled for the relief as prayed for. - 5 - HC-KAR NC: 2025:KHC-D:13880 CRL.A No. 100583 of 2025 Hence, it is appropriate to reject the bail. Making such submissions, learned HCGP prays to reject the appeal. 8. Having heard the learned counsels of the respective parties and also perused the averments of the charge sheet, it appears from the record that accused No.1 was loving appellant prior to her marriage. Thereafter, she had continued the said illicit relationship with accused No.1, in order to continue the same, both had conspired together to eliminate the deceased who is the husband of accused No.2. 9. Be that as it may, the fact remains that the appellant is a women and she is aged about 30 years and permanent resident of Hosante in Sagar Taluk. She has been implicated in this case on the voluntary statement of accused No.1. Therefore, it is appropriate to grant bail. Hence, I proceed to pass the following: ORDER i) The appeal is allowed. - 6 - HC-KAR NC: 2025:KHC-D:13880 CRL.A No. 100583 of 2025 ii) The appellant is ordered to be enlarged on bail in Special Case No.35/2025 (Crime No.20/2025 of Sirsi Town P.S.), pending on the file of II Additional District and Sessions Judge, Uttar Kannada, Karwar, on executing a person 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. 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. vi) In the event of violation of any of the conditions, the respondent may file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE MRK CT: UMD List No.: 1 Sl No.: 34