- 1 - HC-KAR NC: 2025:KHC-D:13963 CRL.A No. 100629 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.100629 OF 2025 (U/S 14 A(2) of SC and ST ACT) BETWEEN: SHIVARAJ @ SHIVU S/O FAKKIRGOUDA KAREGOUDRA, AGE. 25 YEARS, OCC. COOLIE, R/O. KANAKAPURA, HAVERI TALUK AND DISTRICT, KARNATAKA-581110. …PETITIONER (BY SRI. ANKIT R.DESAI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, HAVERI TOWN POLICE STATION, HAVERI, REPRESENTED BY ITS POLICE INSPECTOR, ALSO REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD, BENDH DHARWAD. 2. RAKESH S/O. RANGAPPA HERAKAL, AGE. 32 YEARS, OCC. PRIVATE WORK, R/O. AMBEDKAR CIRCLE, HAVERI-581110, KARNATAKA. …RESPONDENTS (BY SRI. PRAVEEN Y.DEVAREDDI, HCGP FOR R1; NOTICE TO R2 IS SERVED) Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:13963 CRL.A No. 100629 of 2025 THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14 A(2) OF SC AND ST (POA) ACT 1989, PRAYING TO SET-ASIDE THE ORDER DATED 21.08.2025 PASSED IN CRL. MISC.NO.539/2025 BY THE I ADDL. DISTRICT AND SESSION JUDGE AND SPECIAL JUDGE AT HAVERI AND CONSEQUENTLY GRANT ANTICIPATORY BAIL TO THE APPELLANT IN CRIME NO.0113/2025 REGISTERED BY THE HAVERI TOWN POLICE STATION FOR THE OFFENCE PUNISHABLE UNDER SECTION 189(2), 191(2), 108, 132, 352, 351(3) R/W SECTION 190 OF BNS 2023 AND SECTION 3(1)(R) AND 3(2)(VA) OF SC ST (PREVENTION OF ATROCITIES) AMENDMENT ACT 2015, IN RESPECT OF ACCUSED NO.6, IN THE ENDS 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) 1. The case of the prosecution is that the father of the complainant was handed over the work of removing the unauthorised banners placed on the occasion of birthday of Shanthappa Koravar. When the father of the complainant came along with Chandru S/o. Fakkirappa to the spot, the said Chandru had called Shantappa and told him to remove the Flex and Banners. On hearing the said phone call, the Akshata K.C scolded the said Chandru in a filthy language and threatened him with dire consequences. - 3 - HC-KAR NC: 2025:KHC-D:13963 CRL.A No. 100629 of 2025 2. On the same day around about 1:00 pm he came to Municipality Office where the father of the complainant was working and scolded and also tried to assault him. At that time, the father of the complainant ran inside the chamber of the Municipality. In the meantime, the persons who accompanied Akshata K.C namely accused Nos.5 to 7 scolded the father of the complainant in the filthy language and threatened him with a dire consequences. 3. On 07.06.2025 Akshata K.C and her followers assaulted Raju Doddamani and recorded in the mobile and made it as viral. Having seen the said viral video, the father of the complainant was not going to work by frightening the highhandedness of the petitioner and others. On 19.06.2025, the father of the complainant committed suicide as he was insulted in the public by the petitioner and others. 4. Heard Sri. Ankit R. Desai, learned counsel for the appellant and Sri. Praveen Y. Devareddi, learned HCGP for respondent No.1-State. - 4 - HC-KAR NC: 2025:KHC-D:13963 CRL.A No. 100629 of 2025 5. It is the submission of the learned counsel for the appellant that the appellant is innocent of the alleged offences. In fact, this Court granted bail in respect of accused Nos.1 to 5 now they are on bail. No overt-act is attributed against the appellant and the appellant is the permanent resident of Kanakapura, Haveri. Therefore, he may be enlarged on bail by imposing suitable conditions. Having said thus, she prays to allow the appeal. 6. Per contra, learned HCGP vehemently opposed the said submission and he further submitted that the deceased was a public servant. He was instructed to remove the unauthorised banners placed in the public premises. When he was doing the said work, he was insulted, abused and assaulted by the accused No.1 and others. Hence, the appellant is not entitled for anticipatory bail as prayed for. 7. I have heard the learned counsels for the respective parties and also perused the averments of the complaint, it appears from the record that the father of the complainant was insulted on 05.06.2025 by the appellant - 5 - HC-KAR NC: 2025:KHC-D:13963 CRL.A No. 100629 of 2025 and others. However, he died on 19.06.2025, complaint came to be registered on 23.06.2025. Having considered the inconsistencies in the averments of the complaint, it is appropriate to grant bail as prayed for. 8. Accordingly, I proceed to pass the following: ORDER (i) The Appeal is allowed. (ii) The appellant is ordered to be enlarged on bail in the event of his arrest in Crime No.113/2025 of Haveri Town Police Station on executing personal bond in a sum of Rs.1,00,000/- with one surety to the satisfaction of the Trial Court. (iii) The appellant shall co-operate with the Investigation. (iv) The appellant shall not threaten the prosecution witness nor hamper the Court proceedings. - 6 - HC-KAR NC: 2025:KHC-D:13963 CRL.A No. 100629 of 2025 (v) The appellant shall not commit any criminal case or commit similar offence till disposal of the Case. (vi) The appellant shall not leave the jurisdiction of the Court till disposal of the case. Sd/- (S.RACHAIAH) JUDGE SMM / CT: UMD List No.: 2 Sl No.: 3