- 1 - HC-KAR NC: 2025:KHC-D:15335 CRL.A No. 100638 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 10TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL APPEAL NO.100638 OF 2025 (U/S 14 A(2) OF SC AND ST ACT) BETWEEN: 1. PARWATI W/O SHETTEPPA TALAWAR AGE. 35 YEARS, OCC. HOUSEWIFE, R/O. NIPANAL VILLAGE, TQ. RAIBAG AND DIST. BELAGAVI 580023. 2. SHRI SHETTEPPA S/O YAMANAPPA TALAWAR AGE. 43 YEARS, OCC. AGRICULTURE, R/O. NIPANAL VILLAGE, TQ. RAIBAG AND DIST. BELAGAVI 580023. 3. SHRI SUNIL SHETTEPPA TALAWAR AGE. 19 YEARS, OCC. STUDENT, R/O. NIPANAL VILLAGE, TQ. RAIBAG AND DIST. BELAGAVI 580023. 4. SMT. NIMBEVVA W/O SHETTEPPA TALAWAR AGE. 40 YEARS, OCC. HOUSEWIFE, R/O. NIPANAL VILLAGE, TQ. RAIBAG AND DIST. BELAGAVI 580023. …APPELLANTS (BY SRI. M.G. RAHUT AND Ms. NIRMALA DODDAMANI, ADVS.) Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC-D:15335 CRL.A No. 100638 of 2025 AND: 1. THE STATE OF KARNATAKA, THROUGH RAIBAG PS, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD 580011. 2. SHRI HANAMANT DUNDAPPA TALAWAR AGE. 66 YEARS, OCC. AGRICULTURE, R/O. NIPANAL VILALGE, TQ. RAIBAG AND DIST. BELAGAVI 580023. …RESPONDENTS (BY SRI. PRAVEENA Y. DEVAREDDIYAVARA, HCGP FOR R1; SRI. SHRIKANT T. PATIL, ADVOCATE FOR R2) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14A(2) OF SC & ST (POA) ACT, PRAYING TO SET ASIDE THE ORDER DATED 22/09/2025 PASSED BY HON’BLE III ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI, AT.: BELAGAVI AND RELEASE THE APPELLANTS/ACCUSED NO.1 TO 4 ON BAIL IN RAIBAG PS CRIME NO.190/2025 REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTION 352, 351(3), 115(2), 109(2) R/W 3(5) OF BNS, 2023 AND SECTION 3 (1)(r), 3(1)(s), 3(2)(va) OF SCHEDULE CASTES AND THE SCHEDULE TRIBES (PREVENTION OF ATROCITIES) ACT, 2015 IN THE INTEREST OF JUSTICE. THIS CRIMINAL APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:15335 CRL.A No. 100638 of 2025 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The appellants in this case is arrayed as accused Nos. 1 to 4, is before this Court seeking for regular bail in Crime No.190/2025 of respondent-police for the offences under Sections 352, 351(3), 115(2), 109(2) read with Section 3(5) of Bhartiya Nyaya Sanhita, 2023 and Sections 3(1)(r), 3(1)(s), 3(2)(Va) of Scheduled Castes and Schedule Tribes (Prevention of Atrocities) Amendment, 2015. Brief facts of the case: 2. The case of the prosecution is that the complainant namely Hanamanth Dundappa Talawar, lodged a complaint stating that his son had open the grocery store at Nippanal, abutting to the said shop Shetteppa Yamunappa Talawar, had established one grocery shop. The said Shetteppa was having angry on the complaint for having opened the grocery shop by the son of the - 4 - HC-KAR NC: 2025:KHC-D:15335 CRL.A No. 100638 of 2025 complainant. The complainant used to sleep in the shop during night hours. 3. On 12.07.2025 around about 6:00 AM when the complainant was proceeding in front of the shop of the Shetteppa Talwar, it is stated that she has started insulting the complainant by naming his caste. When the complainant requested accused No.1 not to insult in such manner, she did not bother about the said request. When complainant was returning after having tea, all the accused joined together and started assaulting indiscriminately. Shetteppa who is arrayed as accused No.3 had assaulted on head of the complainant and all the other accused also assaulted and caused injury. Hence the complaint. 4. Based on the said complaint, the respondent- police have registered a case and after conducting investigation, submitted the charge sheet. 5. Heard Sri M G Rahut and Smt Nirmala Doddamani, learned counsel for appellants, Sri Praveen Y Devaraddiyavar, learned High Court Government Pleader for - 5 - HC-KAR NC: 2025:KHC-D:15335 CRL.A No. 100638 of 2025 respondent No.1-State and Sri Srikant T Patil, learned counsel for respondent No.2. 6. The submission of the learned counsel for the appellants is that, appellants are innocent of the alleged offences. The appellants are also belonging to schedule caste, the ingredients of the said provisions do not attracted against the appellants that apart in rest of the provisions are not so severe against the appellants. In fact, though, it is alleged that accused No.2 had assaulted with wooden log on the head of the complainant, the injuries sustained to the complainant is not so grievous. Hence he may be enlarged on bail by imposing suitable conditions. Making such submissions, the learned counsel for the appellants prays to allow the appeal. 7. Learned counsel for respondents vehemently submitted that the overt act of the accused had been explained in the complaint. The averments of the complaint clearly disclose the motive behind the said incidents. Therefore, at this stage, it is not appropriate to grant bail to - 6 - HC-KAR NC: 2025:KHC-D:15335 CRL.A No. 100638 of 2025 the appellants. Making such submissions, the learned counsel for respondent No.2 prays to reject the appeal. 8. Similarly, learned High Court Government Pleader for respondent No.1-State adopted the arguments of the learned counsel for respondent No.2 and prays to dismiss the appeal. 9. Having heard the learned counsel for the respective parties and on perusal of averments of the charge sheet, it appears from the record that the averments of the compliant would indicate that accused No.2 is stated to have assaulted injured on the vital part of the body. Accused No.1 had instigated others to assault the injured. Having considered the overt act of the each accused, it appropriate the pass the following order; 10. Hence, I proceed to pass the following: ORDER i. The appeal is allowed-in-part. ii. The appeal as against accused Nos.1 and 2/appellants Nos.1 and 2 is dismissed. - 7 - HC-KAR NC: 2025:KHC-D:15335 CRL.A No. 100638 of 2025 iii. The appellant Nos.3 and 4/accused Nos.3 and 4 are ordered to be enlarged on bail in Crime No.190/2025 of respondent-police for the offences under Sections 352, 351(3), 115(2), 109(2) read with Section 3(5) of Bhartiya Nyaya Sanhita, 2023 and Sections 3(1)(r), 3(1)(s), 3(2)(Va) of Scheduled Castes and Schedule Tribes (Prevention of Atrocities) Amendment, 2015, on executing personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the Trial Court. iv. The appellant Nos.3 and 4 shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. - 8 - HC-KAR NC: 2025:KHC-D:15335 CRL.A No. 100638 of 2025 v. The appellant Nos.3 and 4 shall appear before the Trial Court on all hearing dates without fail. In case, if the appellant Nos.3 and 4 violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE MRK, CT:VP LIST NO.: 2 SL NO.: 15