- 1 - NC: 2025:KHC-K:2348 CRL.A No. 200075 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL APPEAL NO.200075 OF 2025 (U/S 14 (A)(2)) BETWEEN: 1. SRI KHEMU S/O RUPSINGH RATHOD, AGED ABOUT 38 YEARS, OCC: BUSINESS, R/O ARAKERI LT-3, TQ. TIKOTA, DIST. VIJAYPUR. 2. SRI ROHAN S/O KHEMU RATHOD, AGED ABOUT 21 YEARS, OCC: STUDENT, R/O ARAKERI LT-3, TQ. TIKOTA, DIST. VIJAYPUR. 3. SRI SACHIN S/O TUKARAM MANAVAR, AGED ABOUT 28 YEARS, OCC: COOLIE, R/O ITTANGIHAL DODDI, TQ. TIKOTA, DIST. VIJAYPUR. 4. SRI KANAKAMURTHY S/O GYANDEV GONDHALI, AGED ABOUT 22 YEARS, OCC: BUSINESS, R/O GANDHI NAGAR, DIST. VIJAYPUR. 5. SRI VISHAL S/O SURESH JAMANAL, AGED ABOUT 22 YEARS, OCC: DRIVER, R/O GANDHI NAGAR, DIST. VIJAYPUR. …APPELLANTS (BY SRI S. S. MAMADAPUR, ADVOCATE) Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2348 CRL.A No. 200075 of 2025 AND: 1. THE STATE OF KARNATAKA, THROUGH PSI, VIJAYPUR RURAL POLICE STATION, BY ADDL. STATE PUBLIC PROSECUTOR, ADVOCATE GENERAL'S OFFICE, HIGH COURT BUILDING, KALABURAGI-585 103. 2. SRI SADASHIVA S/O. BASAPPA MADAR, AGED ABOUT 27 YEARS, OCC: COOLIE, R/O CHIKKALAKI, TQ. JAMAKHANDI, DIST. BAGALKOT. …RESPONDENTS (BY SRI JAMADAR SHAHABUDDIN, HCGP FOR R1; R2 SERVED) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14- A(2) OF SC/ST (PA) ACT, PRAYING TO SET ASIDE THE ORDER DATED 22.02.2025 PASSED BY THE II ADDITIONAL DISTRICT AND SESSIONS AND SPECIAL JUDGE, VIJAYPUR IN CRL.MISC.NO.189/2025 AND CONSEQUENTLY ENLARGE THEM ON BAIL IN VIJAYPUR RURAL PS CRIME NO.28/2025 REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 191(2), 191(3), 127(2), 126(2), 118(1), 109(1), 352, 351(2), AND 190 OF BNSS, 2023 AND SECTION 3(1)(R)(S), 3(2)(VA) OF SC/ST (POA) ACT. THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 24.03.2025, AND COMING ON FOR - 3 - NC: 2025:KHC-K:2348 CRL.A No. 200075 of 2025 PRONOUNCEMENT OF JUDGMENT THIS DAY, THE COURT DELIVERED THE FOLLOWING: CORAM: HON'BLE MR. JUSTICE S RACHAIAH CAV JUDGMENT (PER: HON'BLE MR. JUSTICE S RACHAIAH) The appellants are before this Court seeking regular bail in Crime No.28/2025 registered by the Vijayapur Rural Police Station, for the offences punishable under Sections 189(2), 191(2), 191(3), 127(2), 126(2), 118(1), 109(1), 352, 351(2) and 190 of the Bharatiya Nyaya Sanhita, 2023 and Sections 3(1)(r)(s), 3(2)(va) of the SC/ST (POA) Act. 2. It is the case of the prosecution that the complainant was working in the brick-kiln. He was working along with his relatives, namely, Sadashiv and Umesh. On 13.01.2025, they had been to their native place for the purpose of celebrating Sankranti festival. On the following day, he was called over - 4 - NC: 2025:KHC-K:2348 CRL.A No. 200075 of 2025 phone by the accused No.1 and he was asked to come to work. The complainant stated to have demanded Rs.10,000/- to continue work along with accused No.1. The accused No.1 agreed to pay the amount and asked him to come to the place of work. 3. When the complainant and his friends went to the place of work, they were detained and their hands and legs were tied and they have been assaulted with the plastic pipe. It is further stated that till 18.01.2025 at about 11-00 a.m., they had been confined in the said brick-kiln and thereafter handed over them to the APMC Police. After taking the treatment, the complainant lodged a complaint against the accused persons. 4. It is the submission of the learned counsel for the appellants that the appellants are innocent of the alleged offences. They have been falsely - 5 - NC: 2025:KHC-K:2348 CRL.A No. 200075 of 2025 implicated in this case. In fact, the complainant after having obtained the advance amount from the appellants, avoided to work in the brick-kiln. 5. It is further submitted that when the appellants were asked to repay the amount, the complaint came to be filed against the accused in order to overcome the repayment. 6. It is further submitted that the appellants are the permanent residents of Arakeri LT-3, Ittangihal Doddi and Gandhi Nagar etc. They will abide the terms and conditions that may be imposed by this Court in the event of their release on bail. 7. Though respondent No.2 is served, he is unrepresented. 8. Per contra, learned High Court Government Pleader submitted that the act of the appellants assaulting the complainant and others appears to be a - 6 - NC: 2025:KHC-K:2348 CRL.A No. 200075 of 2025 inhuman act. Wrongful confinement of the labours in a brick-kiln, certainly, would remember the bonded labour system. Therefore, it is appropriate to reject the bail. Making such submissions, he prays to dismiss the petition. 9. Having heard the learned counsel for the respective parties and also perused the averments of the complaint, it appears that the complainant and others were working in brick-kiln of the appellants. It is stated that they have been detained and confined in the brick-kiln for having demanded an amount of Rs.10,000/- from the appellants for the work of which they had done. However, they have been assaulted by tying legs and hands. 10. After having gone through the averments of the complaint, if at all, if such incident had occurred, it would be unfortunate. The mental agony of the - 7 - NC: 2025:KHC-K:2348 CRL.A No. 200075 of 2025 complainant and others cannot be measured and it cannot be compensated in any way. Of course, the act of the petitioner in tying the hands and legs and confining the persons in the brick-kiln for three days as a bonded labour is highly condemnable and the appellants are not entitled for any relief as prayed for. Hence, I proceed to pass the following: ORDER The Appeal stands rejected. Sd/- (S RACHAIAH) JUDGE RSP List No.: 1 Sl No.: 1 CT:PK