- 1 - NC: 2025:KHC-K:2318 CRL.A No. 200053 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL APPEAL NO.200053 OF 2025 (U/S 14 (A)(2)) BETWEEN: ANIL S/O YALLAPPA, AGE: 28 YEARS, OCC: AGRICULTURE, R/O NAGANALLI CROSS, RING ROAD, KALABURAGI-585102. …APPELLANT (BY SMT. REKHA PATIL, ADVOCATE) AND: 1. THE STATE THROUGH UNIVERSITY P.S., KALABURAGI, REPRESENTED BY ADDITIONAL SPP, HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585107. 2. SHOBHA W/O NAGENDRA MALLABADI, AGE: 47 YEARS, OCC: HOUSEHOLD, R/O NAGANHALLI, TQ: AND DIST: KALABURAGI, NOW AT AIROLI, THANE, NAVI MUMBAI. …RESPONDENTS (BY SRI GOPALKRISHNA B. YADAV, HCGP FOR R1; SRI CHAITANYAKUMAR C.M., ADVOCATE FOR R2) Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2318 CRL.A No. 200053 of 2025 THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14(A)(2) OF SC/ST (PA) ACT, PRAYING TO ALLOW THE CRIMINAL APPEAL FILED BY THE APPELLANT/ACCUSED NO.4 UNDER SECTION 14(A)(2) OF SC/ST P.A. ACT AND SET ASIDE THE ORDER DATED 30.12.2024 IN CRL.MISC.NO.2064/2024 PASSED BY THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, KALABURAGI AND ISSUE DIRECTIONS TO RESPONDENT POLICE TO RELEASE HIM ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.229/2024 OF UNIVERSITY P.S. KALABURAGI, NOW PENDING ON THE FILE OF II ADDITIONAL DISTRICT AND SESSIONS JUDGE, KALABURAGI IN (SPL. CASE (SC/ST) NO.*34/2025 FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 191(2)(3), 115(2), 118(1), 109, 352, 103(1) R/W 190 OF BNS, 2023 AND UNDER SECTION 3(1)(R)(S) AND 3(2)(V) OF SC/ST P.A. ACT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE S RACHAIAH) This appeal is filed by the appellant, who is arraigned as accused No.4 in Crime No.229/2024, registered by the University Police Station, Kalaburagi for the offences punishable under Sections 189(2), 191(2)(3), 115(2), * Corrected vide Court order dated 29/04/2025. - 3 - NC: 2025:KHC-K:2318 CRL.A No. 200053 of 2025 118(1), 109, 352, 103(1) read with Section 190 of BNS, 2023 and under Section 3(1)(r)(s) and 3(2)(v) of SC/ST P.A. Act. 2. Factual matrix of the case are as under: The complainant had three sons namely Sushil, Sachin and Sumit. She was the resident of Mumbai and she was living there for her livelihood along with her children and husband. Such being the fact, she along with her another son came to Kamalapura to attend the funeral ceremony of her father. After attending the funeral ceremony, as she wanted to visit and see her another son namely, Sachin who was residing along with her sister-in- law namely, Siddamma at Naganalli village. 3. The complainant was informed that her son, namely, Sachin, used to quarrel with accused No.1 in connection with the matter relating to love of the sister of accused No.1. On 20.09.2024 at about 07-00 p.m. accused No.1, 5 and 6 came to the house of the complainant and asked about Sachin. When Sachin was - 4 - NC: 2025:KHC-K:2318 CRL.A No. 200053 of 2025 not present in the house, they assaulted Sumit by hands and warned him that he should handover his brother Sachin soon after he comes to the house. 4. On the same day at about 08-30 p.m., again the accused persons came back to the house of Siddamma and asked about Sachin, when they learnt that Sachin was not there in the house, they started assaulting the complainant. At that time, Sumit who is the son of the complainant had asked the accused persons as to why they were assaulting his mother. By the time, accused No.1 stated to have assaulted said Sumit with knife and caused injuries. As a result of which, the said Sumit died, and the complainant had sustained injuries. Hence, complaint came to be registered by the complainant. Based on the complaint, the respondent/police have registered the case and after conducting the investigation, submitted the charge sheet. 5. Heard Smt. Rekha Patil, learned counsel for the appellant, Sri Gopalkrishna B. Yadav, learned High Court - 5 - NC: 2025:KHC-K:2318 CRL.A No. 200053 of 2025 Government Pleader for respondent No.1/State and Sri Chaitanyakumar C.M., learned counsel for respondent No.2. 6. It is the submission of the learned counsel for the appellant that the appellant was stated to have participated in the incident, no specific overt-act attributed against him. As per the version of the complainant, accused No.1 had assaulted with knife and caused injuries to the deceased. Accused No.2 had facilitated the said incident by handing over the knife to accused No.1. 7. It is further submitted that even assuming that the appellant had participated in the incident, as per the averments of the charge sheet, he assaulted the complainant along with others. Therefore, the gravity, nature of the offence and overt-act of the offences are not so severe and serious. Hence, he may be enlarged on bail by imposing suitable conditions. - 6 - NC: 2025:KHC-K:2318 CRL.A No. 200053 of 2025 8. Per contra, learned High Court Government Pleader submitted that the appellant, being one of the participants of the case, approached this Court by seeking for anticipatory bail. The anticipatory bail application in respect of the offences registered against him is not maintainable, as there is a bar to grant anticipatory bail in respect of the offences under the SC/ST Act. 9. It is further submitted that the allegations made against the appellant are serious in nature and he had intention to commit the murder of the deceased. Accused No.1 along with others has committed murder of the said Sumit, who is son of the complainant. Therefore, the appellant is not entitled for any relief as prayed for. Making such submissions, he prays to dismiss the appeal. 10. Learned counsel for respondent No.2 adopted the arguments of the learned High Court Government Pleader and prays to dismiss the appeal. - 7 - NC: 2025:KHC-K:2318 CRL.A No. 200053 of 2025 11. Having heard the learned counsel for the respective parties and also perused the averments of the charge sheet, it appears from the record that the appellant, who is arraigned as accused No.4 along with others stated to have assaulted Smt. Shobha and caused injuries. However, there is no whisper regarding the words uttered by him in respect of either the caste or community of the complainant or the deceased. When the appellant has not uttered any words in respect of the community or caste, it cannot be said that the appeal filed seeking for anticipatory bail is not maintainable. 12. Having considered the nature of offence, gravity thereof and also the overt-act of the appellant, without adverting to the merit of the case, I am of the considered opinion that the appeal is required to be allowed and the appellant may be enlarged on bail. 13. Hence, I proceed to pass the following: - 8 - NC: 2025:KHC-K:2318 CRL.A No. 200053 of 2025 ORDER The Criminal Appeal is allowed. The order dated 30.12.2024, passed in Criminal Miscellaneous No.2064/2024, by the II Additional District and Sessions Judge, Kalaburagi is set aside. The respondent/Police is directed to release the appellant in event of his arrest in Crime No.229/2024 registered by the University Police Station, Kalaburagi, pending on the file of the II Additional District and Sessions Judge, Kalaburagi in Spl. Case (SC/ST) No.*34/2025 for the offences punishable under Sections 189(2), 191(2)(3), 115(2), 118(1), 109, 352, 103(1) read with 190 of BNS, 2023 and under Sections 3(1)(r)(s) & 3(2)(v) of SC/ST (P.A.) Act, subject to the following conditions: (i) The appellant shall execute personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Investigating Officer. * Corrected vide Court order dated 29/04/2025. - 9 - NC: 2025:KHC-K:2318 CRL.A No. 200053 of 2025 (ii) The appellant shall appear before the Investigating Officer and co-operate for investigation as and when required. (iii) The appellant shall not threaten or tamper the prosecution witnesses. (iv) The appellant shall appear before the Trial Court on all hearing dates without fail. (v) The appellant shall not leave the jurisdiction of the Trial Court till disposal of the case. (vi) In case, if the appellant wants to leave the jurisdiction of the Trial Court, he has to obtain permission from the Trial Court by making some reasons. Sd/- (S RACHAIAH) JUDGE RSP List No.: 1 Sl No.: 11/CT:PK