- 1 - NC: 2025:KHC-K:1384 CRL.A No. 200055 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 28TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL APPEAL NO.200055 OF 2025 (U/S 14 (A)) BETWEEN: SANGANAGOUDA S/O AMARAPPA SANKANAL, AGE: 37 YEARS, OCC: LABOUR CONTRACTOR, R/O. NAVADAGI VILLAGE, TQ. TALIKOTI, DIST. VIJAYAPURA 586 214, NOW AT ARAKER, BANGALORE. …APPELLANT (BY SRI. R. S. LAGALI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH THE SHO., TALIKOTI PS., REP. BY THE ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, KALABURAGI 585 102. 2. BASAPPA S/O. GADDEPPA VADDAR @ SOMANANAL, AGE: 52 YEARS, OCC: LABOURER, R/O. KODAGANOOR VILLAGE, TQ. TALIKOTI, DIST. VIJAYAPURA- 586214 …RESPONDENTS (BY SMT. MAYA T.R., HCGP FOR R1; V/O DTD. 28.02.2025 NOTICE TO R2 IS HELD SUFFICIENT) Digitally signed by SHIVAKUMAR HIREMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1384 CRL.A No. 200055 of 2025 THIS CRL.A IS FILED U/SEC. 14(A) OF SC/ST (PA) ACT, PRAYING TO ALLOW THIS CRIMINAL APPEAL THEREBY SET ASIDE THE ORDER DT. 30.01.2025 PASSED BY THE HON’BLE II ADDL. DISTRICT AND SESSIONS/ SPECIAL COURT, VIJAYAPURA AND ORDER THE RELEASE OF THE APPELLANT ON BAIL IN TALIKOTI PS CRIME NO. 251/2024 PENDING BEFORE THE HON’BLE II ADDL. DISTRICT AND SESSIONS JUDGE AND SPECIAL JUDGE, VIJAYAPURA FOR THE OFFENCES PUNISHABLE U/S. 109, 118(1), 118(2), 189(3), 190, 191, 191(3), 351(3), 352, 49 OF BHARATIYA NYAYA SANHITA 2023 ALONG WITH S. 3(1)(r), 3(1)(s), 3(2)(va) OF SC/ST (PREVENTION OF ATROCITIES) ACT. THIS APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused No.1 in Crime No.251/2024 registered by Talikot Police Station, for the offences punishable under Sections 109, 118(1), 118(2), 189(3), 191, 191(3), 351(3), 352 read with Section 190 of BNS, 2023 and Section 3(1)(r) & (s) and Section 3(2)(va) of SC/ST (POA) Amendment Act, 2015 is before this Court in this appeal filed under Section 14-A(2) of SC/ST (POA) Act, with a prayer to set aside the order dated 30.01.2025 passed in Crl.Misc.No.49/2025 by - 3 - NC: 2025:KHC-K:1384 CRL.A No. 200055 of 2025 the Court of II Additional District and Sessions Judge, Vijayapur and enlarge him on regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.251/2024 was registered by Talikot Police Station, Vijayapura, against the appellant herein and eleven others for the aforesaid offences based on the first information dated 31.12.2024 received from Basappa Gaddeppa. During the course of investigation, the appellant herein was arrested on 02.01.2025 and subsequently remanded to judicial custody. The bail application filed by the appellant before the jurisdictional Sessions Court in Criminal Misc. No.49/2025 was rejected on 30.01.2025. Therefore, he is before this Court. 4. Learned counsel for the appellant submits that, there is no corresponding injury found on the injured as a result of alleged assault made by the appellant. Major portion of the investigation is already completed. Merely for the reason that, the appellant was involved in other criminal case registered earlier, he has been falsely implicated in the - 4 - NC: 2025:KHC-K:1384 CRL.A No. 200055 of 2025 present case. The appellant shall abide by the conditions imposed by this Court in the event he is enlarged on bail. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition on the ground that, the appellant is a person having criminal antecedents and in the event he is enlarged on bail, he is likely to tamper with the prosecution witnesses. 6. FIR in the present case was registered against the appellant and eleven others, based on the first information received from Basappa Gaddeppa who is a maternal uncle of injured Sharanabasu. The alleged incident had taken place on 30.12.2024 at about 17.00 hours, but the first information was belatedly submitted on 31.12.2024 at 13.00 hours. In the first information it is averred that, on 30.12.2024, at about 5.00 p.m., the accused persons named in the FIR formed themselves into an unlawful assembly and started abusing and assaulting the injured Sharanabasu and when the same was questioned by the first informant, the accused persons stated that, they were instructed to assault Sharanabasu by accused No.12 – Ningangouda S/o. - 5 - NC: 2025:KHC-K:1384 CRL.A No. 200055 of 2025 Gurunathagouda Biradar. In the alleged incident that had taken place at about 5.00 p.m., on 30.12.2024, Sharanabasu had suffered four injuries out of which injury Nos.1, 2 and 4 are certified as grievous injuries in his wound certificate. Injury No.1 is a chop wound on the face of the injured and injury Nos.2, 3 and 4 are on the hands of the injured. The allegation as against the appellant is that, he had assaulted the injured with a machete on the hind portion of his neck. However, no corresponding injury is found on injured Sharanabasu, as a result of the alleged assault made by the appellant. Accused No.8 is the person who had allegedly assaulted the injured on his face with a knife and accused No.7 had assaulted on the hands of the injured. Accused No.3 allegedly had pressed his leg on the neck of the injured when he fell down and had tried to commit his murder. The other accused persons allegedly had assaulted the injured with their hands and legs. 7. Learned counsel for the appellant has submitted that, out of three criminal cases registered against the appellant, in two criminal cases he has been already - 6 - NC: 2025:KHC-K:1384 CRL.A No. 200055 of 2025 acquitted and the other criminal case which is pending against him is of the year 2017 and in all three cases registered against him, he was granted bail. Merely for the reason that, an accused is involved in some other criminal case, the same itself cannot be a ground to reject his bail application if it is otherwise found that he has made out a prima-facie case for grant of regular bail. In the case on hand, there is allegation against the appellant of he assaulting the injured. No corresponding injury is found on the injured and therefore, I am of the opinion that, his prayer for grant of regular bail needs to be answered affirmatively, subject to imposing appropriate conditions. Accordingly, the following order: ORDER The appeal is allowed. The impugned order passed by the Court of II Additional District and Sessions Judge, Vijayapur, in Crl. Misc. No.49/2025 dated 30.01.2025 is set aside. The appellant is directed to be enlarged on bail in Crime No.251/2024 of Talikot Police Station, Vijayapur, - 7 - NC: 2025:KHC-K:1384 CRL.A No. 200055 of 2025 registered for the offences punishable under Sections 109, 118(1), 118(2), 189(3), 191, 191(3), 351(3), 352 read with Section 190 of BNS, 2023 and Section 3(1)(r) & (s) and Section 3(2)(va) of SC/ST (POA) Amendment Act, 2015, pending on the file of learned II Additional District and Sessions Judge, Vijayapur, subject to the following conditions: a) The appellant shall appear before the Station House Officer of the Talikot Police Station, Vijayapur and mark his attendance between 10.00 a.m. and 1.00 p.m, on every Saturday of the month, till the investigation of the case is completed and final report is filed. b) The appellant shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; c) The appellant shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; d) The appellant shall not directly or indirectly threaten or tamper with the prosecution witnesses; - 8 - NC: 2025:KHC-K:1384 CRL.A No. 200055 of 2025 e) The appellant shall not involve in similar offences in future; f) The appellant shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S.VISHWAJITH SHETTY) JUDGE SVH List No.: 1 Sl No.: 5 CT:PK