- 1 - HC-KAR NC: 2025:KHC-K:7848 CRL.A No. 200359 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 17TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL APPEAL NO.200359 OF 2025 (U/S 14 (A)) BETWEEN HANUMANTHARAYA HADARI S/O SHIVANANDA, AGED ABOUT 20 YEARS, OCC: COOLI, RESIDENT OF RODAGI, TQ. INDI, DIST. VIJAYAPURA. …APPELLANT (BY SRI. KULKARNI SHRINATH, ADVOCATE) AND: 1. STATE OF KARNATAKA BY INDI RURAL POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNTAKA, HIGH COURT BUILDING, KALABURAGI-585103. 2. SMT. SREEDEVI HONAKERI W/O RAYAPPA, AGED ABOUT 56 YEARS, RESIDENT OF ALAKUNTE NAGAR, NEAR GANAPATI TEMPLE, VIJAYAPURA. …RESPONDENTS (BY SRI. JAMADAR SHAHABUDDIN., HCGP FOR R1; SRI. SHIVANAND V. PATTANASHETTY, ADVOCATE FOR R2) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14-A(2) OF SC/ST (PA) ACT, PRAYING TO SET ASIDE THE ORDER DATED 03.09.2025 PASSED BY THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE/SPECIAL JUDGE, VIJAYAPURA IN SPECIAL CASE (SC/ST) NO.4/2025, PRODUCED AT ANNEXURE-H AND FURTHER ENLARGE THE APPELLANT ON BAIL IN CONNECTION WITH CRIME NO.231/2024 REGISTERED BY INDI RURAL POLICE STATION FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 61(2), 103(1), AND 238 READ WITH SECTION 3(5) OF BNS 2023 AND SECTION 3 (2) (V) OF SC/ST (POA) ACT. Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:7848 CRL.A No. 200359 of 2025 THIS APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL JUDGMENT The captioned appeal is filed by accused No.3 under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, seeking grant of regular bail in Crime No.231/2024 registered by Indi Rural Police Station, Vijayapura District, pending on the file of II Additional District and Sessions Judge, Vijayapura, for the offences punishable under Sections 61(2), 103(1), 238 read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 2. The gist of the prosecution case is that the present appellant, in concert with the other co-accused, is alleged to have entered into a criminal conspiracy to do away with the deceased–Sharanappa. It is the specific case of the prosecution that on 08.10.2024, at about 10.00 a.m., accused No.1, under the guise of calling the deceased for a - 3 - HC-KAR NC: 2025:KHC-K:7848 CRL.A No. 200359 of 2025 meeting, lured him to the place of occurrence by making use of the mobile phone belonging to accused No.2. It is further alleged that as part of the preparation for committing the offence, the present appellant/accused No.3 along with the other co-accused purchased two ropes from a nearby shop. 3. The prosecution further alleges that thereafter the deceased arrived at the spot in his car, wherein accused No.4 drove the vehicle, with the deceased seated in the front passenger seat. At that juncture, accused No.1 is alleged to have placed a rope around the neck of the deceased, and the present appellant/accused No.3 is alleged to have actively participated by pulling the rope tightly, while accused No.2 gagged the mouth of the deceased, thereby preventing him from raising any alarm. On account of the collective overt acts attributed to the accused persons, the deceased is stated to have succumbed to death due to asphyxiation. 4. Based on the complaint lodged by the sister of the deceased, the jurisdictional police registered a criminal case, conducted a detailed investigation, and have now filed a - 4 - HC-KAR NC: 2025:KHC-K:7848 CRL.A No. 200359 of 2025 charge-sheet against the present appellant and the other accused persons for the offences alleged. 5. Before the learned counsel appearing for the appellants could advance his submissions on merits, the learned High Court Government Pleader brought to the notice of this Court that the bail application filed by accused No.1 has already been rejected by this Court in Criminal Petition No.201756/2025. Placing reliance on the said order, the learned counsel appearing for the second respondent/complainant as well as the learned High Court Government Pleader for respondent No.1, contended in unison that the overt acts attributed to accused No.1 and the present appellant/accused No.3 stand on the same footing. It is submitted that both accused No.1 and the present appellant are specifically alleged to have placed and tightened the rope around the neck of the deceased and jointly pulled the same, which directly resulted in the homicidal death of the deceased. - 5 - HC-KAR NC: 2025:KHC-K:7848 CRL.A No. 200359 of 2025 6. It is further argued that when this Court, on an earlier occasion, having regard to identical allegations and the nature of overt acts, has declined to grant bail to accused No.1, no contra or divergent view can be taken in the case of the present appellant. 7. The charge-sheet materials, according to the learned counsel, prima facie lend credence to the prosecution version with regard to the motive, preparation, and active participation of the present appellant in the commission of the offence. In that view of the matter, the contention urged on behalf of the appellant that he is in no manner related to the deceased and is falsely implicated, cannot be gone into at this stage. The extent of his involvement and the veracity of the overt acts attributed to him are matters that necessarily fall within the domain of a full-fledged trial. 8. Having regard to the seriousness of the offence, the specific role attributed to the present appellant, and the fact that this Court has already rejected the bail petition filed by accused No.1 on identical allegations, this Court finds that no - 6 - HC-KAR NC: 2025:KHC-K:7848 CRL.A No. 200359 of 2025 special or exceptional circumstances are made out so as to enlarge the present appellant on bail. 9. For the foregoing reasons, this Court proceeds to pass the following: ORDER The Criminal Petition is dismissed. The Registry is directed to reflect the name of Sri Shivanand V. Pattanshetti as the counsel appearing for the complainant. He is permitted to file his vakalatnama within a period of two weeks. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NB List No.: 1 Sl No.: 6 CT:SI