- 1 - HC-KAR NC: 2025:KHC-D:13878 CRL.A No. 100357 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.100357 OF 2025 (U/S 14 A(2) OF SC AND ST ACT) BETWEEN: SHRI ISMAIL S/O. KUTUBUDDIN MULLA AGE. 26 YEARS, OCC. PRIVATE JOB, R/O. SINDHUR, TQ. JATTA, DIST. SANGLI, MAHARASHTRA-416404. …PETITIONER (BY SRI S.B.DEYANNAVAR, ADVOCATE.) AND: 1. THE STATE OF KARNATAKA, THROUGH AIGALI POLICE STATION, Rep. by STATE PUBLIC PROSECUTOR, HIGH COURT BENCH, DHARWAD. 2. SMT. NARASAVVA W/O. PANDURANG BALAGALI, AGE. 45 YEARS, OCC. COOLIE WORK, R/O. BEDARAHATTI, TQ. ATHANI, DIST. BELAGAVI-501248. …RESPONDENTS (BY SRI JAIRAM SIDDI, HCGP FOR R1; SRI D.J.NAIK, ADVOCATE, FOR R2.) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14(A)(2) OF SCHEDULED CASTES AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, PRAYING TO SET ASIDE THE ORDER DATED 16.04.2025, IN CRL.MISC.NO.255/2025, PASSED BY III ADDITIIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI, IN CRIME NO.94/2022 OF AIGALI P.S., FOR THE Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:13878 CRL.A No. 100357 of 2025 OFFENCE PUNISHABLE UNDER SECTIONS 302, 506 OF IPC AND SECTION 3(1)(R) (3)(1)(S), 3(2)(V) OF SCHEDULED CASTES AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, IN SPECIAL CASE NO.260/2022 BY ALLOWING THE APPEAL AND APPELLANT/ACCUSED NO.1 MAY BE RELEASED ON BAIL BY ACCEPTING THE SURETY FURNISHED BY HIM 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) Heard the arguments of learned counsels for respective parties and perused the material placed before the Court. 2. This is the fourth successive bail application filed seeking release of the appellant who has been arrested in Crime No.94/2022 of Aigali Police Station, for the offence punishable under Section 302, 506 of IPC and Sections 3(1)(r), 3(1)(s) and 3(1)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. - 3 - HC-KAR NC: 2025:KHC-D:13878 CRL.A No. 100357 of 2025 3. The petitioner made available the medical documents to substantiate that the appellant is suffering from right deviated nasal septum with bilateral concha bullosa. He is advised to undergo Septoplasty plus bilateral Conchoplasty under General Anesthesia. As per the medical certificate issued by the authority, his surgery was proposed to be held on 25.09.2025. However, it could not happen as he was in judicial custody. 4. Learned counsel for the appellant seeks for an interim measure to undergo medical surgery of the appellant. 5. Per contra, learned HCGP also made available the documents issued by the authority, wherein it discloses that the appellant needs surgery for his medical issues. 6. I have considered the rival submissions and also perused the documents available on record. It is appropriate to grant interim bail and accommodate the appellant to undergo surgery for his medical complications. - 4 - HC-KAR NC: 2025:KHC-D:13878 CRL.A No. 100357 of 2025 Therefore without adverting to the merit of the case, I am of the considered opinion that the appellant has made out a case to grant bail. Accordingly, I proceed to pass the following: ORDER i) The appeal is allowed. ii) The appellant is ordered to be enlarged on bail on executing a personal bond for a sum of Rs.1,00,000/- (One Lakh Rupees) with one surety for the like sum to the satisfaction of the trial Court. iii) The bail duration is six (06) months from the date is release from the custody. iv) After completion of six months, the appellant has to voluntarily surrender before the Trial Court, for further proceedings. Sd/- (S.RACHAIAH) JUDGE MRK/ CT: UMD List No.: 1 Sl No.: 32