- 1 - HC-KAR NC: 2025:KHC-D:17662 CRL.A No. 100690 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 9TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL APPEAL NO.100690 OF 2025 (U/S 14 A(2) of SC and ST ACT) BETWEEN: PREETHAM @ MD PREETHAM S/O. MANUVEL D’SOUZA, AGE. 30 YEARS, OCC. DRIVER, R/O. DHUNDASHINAGAR, TQ. SIRSI, NOW AT DHOORADARSHAN QUARTERS, SAPTAPUR, TQ. AND DIST. DHARWAD-580001. …APPELLANT (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; NOTICE TO R2 IS SERVED) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14(A)(2) OF SC/ST (POA) ACT, 1989, PRAYING TO ENLARGE HIM ON BAIL BY SETTING ASIDE ORDER DATED 20-08-2025, IN SPL CASE NO.35/2025 (CRIME NO.20/2025 OF SIRSI TOWN P S) ON THE FILE OF II ADDL DISTRICT AND SESSIONS JUDGE, UTTAR KANNADA, KARWAR FOR THE ALLEGED OFFENCES UNDER SECTION 103, 54, 3(5) OF BNS, AND SECTION 3(2)(V) OF SC AND ST (PREVENTION OF ATROCITIES) AMENDMENT ACT 2015 AND ETC.,. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:17662 CRL.A No. 100690 of 2025 THIS CRIMINAL APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioner is before this Court seeking for grant of regular bail in Crime No.20/2025 of respondent No.1/Police for the offence under Sections 103, 54 r/.w Section 3(5) of the Bharatiya Nyaya Sanhita, 20231 and Section 3(2)(v) of the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Amendment Act, 20152. Brief facts of the case; 2. The case of the prosecution is that, a complaint came to be registered by the complainant stating that on 22.02.2025 at about 08:00 PM, Bus came to Sirsi and went to old Bus-stand, Sirsi. All the passengers were sitting in the Bus and the Bus was proceeding towards Bangaluru. 1 For short ‘BNS, 2023’ 2 For short ‘SC and ST (POA) Act’ - 3 - HC-KAR NC: 2025:KHC-D:17662 CRL.A No. 100690 of 2025 3. It is further stated that, the petitioner had asked the conductor to give ticket to Haveri. At that time, the petitioner was standing near seat No.26. In the said seat, the deceased and his wife were sitting. Soon after few minutes, the petitioner started assaulting the deceased, the deceased though tried to escape from the assault, the petitioner stabbed him indiscriminately. At that time, a hue and cry had taken place in the Bus. The driver of the Bus had stopped the Bus, in the meantime, the petitioner had got down from the Bus and went away in the dark. Therefore, a complaint came to be registered by the driver cum conductor of the Bus with the respondent No.1/Police. The respondent No.1/Police after registering the case, conducted the investigation and submitted the charge- sheet. 4. Heard Sri.Ram P.Ghorpade, learned counsel for the petitioner and Sri. Jairam Siddi, learned High Court Government Pleader for respondent No.1/State. - 4 - HC-KAR NC: 2025:KHC-D:17662 CRL.A No. 100690 of 2025 5. The submission of the learned counsel for the petitioner is that, as per the averments of the complaint, the petitioner had committed the murder of the deceased as he had illicit relationship with accused No.2 who is the wife of the deceased. The said incident had occurred as per the version of the prosecution to continue the said illicit relationship with the accused No.2. However, there is no substantial material collected by the prosecution to prove that, petitioner had illicit relationship with accused No.2. 6. It is further submitted that, the entire case is based on the voluntary statement of the accused. Therefore, motive for the murder is remained absent. In fact, the incident had occurred at a spur of movement. Therefore, the petitioner may be enlarged on bail by imposing suitable conditions. Making such submissions, learned counsel for the petitioner prays to allow the petition. - 5 - HC-KAR NC: 2025:KHC-D:17662 CRL.A No. 100690 of 2025 7. Per contra, the learned High Court Government Pleader for respondent No.1/State vehemently submitted that the complainant and others are eye-witnesses to the incident. CW.13 is one more eye-witness to the incident, having seen and identified the petitioner. Hence, it is not appropriate to grant bail. Making such submissions, learned High Court Government Pleader prays to reject the petition. 8. Having heard the learned counsel for the respective parties and on perusal of the averments of the charge-sheet, it appears from the record that, the petitioner who had boarded the Bus on the pretext of going to Haveri and he asked the conductor to give ticket. Even though, he was asked to sit in the vacant seat available in the Bus, it is stated that he was standing near seat No.26. Suddenly, the petitioner had started assaulting the deceased who was sitting in seat No.26 and stabbed him and killed him and went away after getting down from the Bus. - 6 - HC-KAR NC: 2025:KHC-D:17662 CRL.A No. 100690 of 2025 9. After having gone through the nature and gravity of the offence, I am of the considered opinion that, it is not appropriate to grant him bail. Hence, I proceed to pass the following: ORDER The petition stands rejected. Sd/- (S.RACHAIAH) JUDGE PJ/CT: UMD List No.: 2 Sl No.: 12