- 1 - NC: 2025:KHC-K:2302 CRL.A No. 200076 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.200076 OF 2025 (U/S 14 (A)(2)) BETWEEN: 1. SRI. YALLAPPA S/O SAYANNA, AGED ABOUT 44 YEARS, OCC: AGRICULTURE, 2. SRI. ANIL S/O SANNA KOLAMAPPA, AGED ABOUT 22 YEARS, OCC: STUDENT, 3. SRI. ERANNA S/O DODDA KOLAMAPPA, AGED ABOUT 39 YEARS, OCC: AGRICULTURE, 4. SRI. SURESH S/O DODDA KOLAMAPPA, AGED ABOUT 40 YEARS, OCC: AGRICULTURE, 5. SRI. HANUMANTHA S/O SAYANNA, AGED ABOUT 65 YEARS, OCC: AGRICULTURE, 6. SRI. YALLAPPA S/O HANUMANTHA, AGED ABOUT 28 YEARS, OCC: AGRICULTURE, 7. SRI. SATISH S/O HANUMANTHA, AGED ABOUT 25 YEARS, OCC: AGRICULTURE, 8. SMT. MALLAMMA W/O DODDA KOLAMAPPA, AGED ABOUT 65 YEARS, OCC: AGRICULTURE, 9. SRI. HAMPANNA @ HAMPAYYA S/O MALLAPPA, AGED ABOUT 36 YEARS, OCC: AGRICULTURE, 10. SRI. BASANNA @ BASAVARAJ S/O MALLAPPA, AGED ABOUT 31 YEARS, OCC: AGRICULTURE, Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2302 CRL.A No. 200076 of 2025 11. SRI. AYYAPPA S/O LAXMANA, AGED ABOUT 35 YEARS, OCC: AGRICULTURE, ALL ARE R/O. SARJAPUR VILLAGE, TQ. AND DIST. RAICHUR-584 101. …APPELLANTS (BY SRI ARUNKUMAR AMARGUNDAPPA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH, SHO, YAPALADINNI POLICE STATION, TQ. AND DIST. RAICHUR, REPT. BY ITS ADDL.SPP, HIGH COURT BENCH, KALABURGI-585 102. 2. SRI. GOVINDA S/O HANUMANTHA, AGED ABOUT 46 YEARS, OCC: AGRICULTURE, R/O. SARJAPUR VILLAGE, TQ. AND DIST. RAICHUR-584 101. …RESPONDENTS (BY SRI GOPAL KRISHNA YADAV, HCGP FOR R1; V/O DTD 15.04.2025 NOTICE TO R2 IS HELD SUFFICIENT) THIS CRL.A IS FILED U/SEC. 14(A)(2) OF SC/ST (PA) ACT, AND BAIL U/SEC 482 OF BNSS, PRAYING TO, SET ASIDE THE IMPUGNED ORDER DAETD 25.02.2025 IN CRL MISC NO. 71/2025, (ARISING OUT OF CRIME NO. 05/2025) PASSED BY THE SPECIAL COURT FOR CASES UNDER THE SC AND ST (POA) ACT AND I ADDL. DIST. AND SESSIONS JUDGE, AT RAICHUR ALLOWING THIS APPEAL CONSEQUENTLY ENLARGE THE APPELLANTS/ ACCUSED NO. 1, 3, 5, 6, 7, 8, 9, 11, 15, 16 AND 17 ON ANTICIPATORY BAIL IN CRIME N. 05/2025 PENDING ON THE FILE OF SPECIAL COURT FOR CASES UNDER THE SC AND ST (POA) ACT AND I ADDL. DIST. AND SESSIONS JUDGE, AT RAICHUR, FOR OFFENCES U/SEC 189(2), 191(2), 191(3), 115(2), 118(1), 109, 352, 351(2) R/W 190 OF BNS AND SEC 3(1)(r), 3(1)(s), 3(2)(va) OF SC/ST (POA) AMENDMENT BILL 2015, REGISTERED BY THE RESPONDENT YAPALADINNI P.S RAICHUR. - 3 - NC: 2025:KHC-K:2302 CRL.A No. 200076 of 2025 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 appellants seeking to set aside the order dated 25.02.2025 passed in Criminal Miscellaneous No.71/2025 by the Court of I Additional District and Sessions Judge, Raichur, and to enlarge the appellants on anticipatory bail in Crime No.05/2025 registered by Yapaladinni Police Station, Raichur district for the offences punishable under Sections 189(2), 191(2), 191(3), 115(2), 118(1), 109, 352, 351(2) read with Section 190 of BNS, 2023 and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the SC/ST (POA) Amendment Act, 2015. Brief facts of the case are: 2. The complainant filed a written complaint before the respondent – police on 26.01.2025, stating that he is an agriculturist by profession and the land bearing - 4 - NC: 2025:KHC-K:2302 CRL.A No. 200076 of 2025 Survey No.57, measuring 28 acres 6 guntas is stated to be the Government land. He was cultivating the said land as per the direction of the Revenue Inspector. In the mean time, the accused persons were also trying to acquire the said land and also trying to create their rights over the said property. In that context, there were lots of criminal cases pending against each other. 3. On 26.01.2025 at about 3.30 a.m., the first informant and his brother’s son namely Eresh S/o. Nagappa and his brother Kari Mallesh had been to irrigate the land, at that time, they saw that accused persons were doing agricultural activities in the said land. When they went and asked the accused persons as to why they were cultivating the said land, there was an altercation between the parties. It is alleged that the complainant and his family members have been assaulted by the appellants herein. Therefore, a complaint came to be registered against the appellants before the respondent – police. The - 5 - NC: 2025:KHC-K:2302 CRL.A No. 200076 of 2025 respondent – police have registered a case in Crime No.5/2025 for the offences stated supra. 4. Heard learned counsel Sri.Arunkumar Amargundappa for the appellants and Sri G.B.Yadav, learned High Court Government Pleader for respondent No.1. Notice to the respondent No.2 is held sufficient. 5. It is the submission of the learned counsel for the appellants that, the averments of the FIR would disclose that the allegations made against the appellants are civil in nature. However, it has been given a colur of criminal texture to wreck vengeance against the appellants to pressurize them to settle the civil dispute. 6. It is further submitted that on going through the entire averments of the complaint, prima facie, there were no allegations in respect of the caste of the complainant. Therefore, the appellants may be enlarged on anticipatory bail by imposing suitable conditions. Making such submissions, he prays to allow the appeal. - 6 - NC: 2025:KHC-K:2302 CRL.A No. 200076 of 2025 7. Per contra, the learned High Court Government Pleader for respondent No.1 vehemently submitted that prima facie there are allegations made against the appellants. The first informant being the injured in the alleged incident has narrated the overt-acts of each of the accused persons. Therefore, they are not entitled for any relief as prayed for. Making such submissions, he prays to dismiss the appeal. 8. Having heard the learned counsel for respective parties and also perused the averments of the complaint, it appears from the records that on 26.01.2025 around 3.30 a.m., the appellants were cultivating the land bearing Survey No.57 though it was belonging to the first informant in order to grab the said property. However, the averments of the complaint would indicate that accused Nos.1 to 3 stated to have assaulted the first informant and others by naming their caste. On reading of the averments of the complaint, I am of the considered opinion that the appellant Nos.3 to 11/accused Nos.5 to 9, - 7 - NC: 2025:KHC-K:2302 CRL.A No. 200076 of 2025 11 and 15 to 17 are made out a case to grant them bail. However, the prayer made by appellant Nos.1 and 2/accused Nos.1 and 3 cannot be granted, as they have assaulted and abused complainant by taking his caste name. Hence, I proceed to pass the following: ORDER The appeal is allowed in part. The impugned order dated 25.02.2025 passed in Crl.Misc.No.71/2025 by Court of I Additional District and Sessions Judge, Raichur, is set aside. The respondent - police are directed to release the appellant Nos.3 to 11/accused Nos.5 to 9, 11 and 15 to 17 on bail in the event of their arrest in Crime No.5/2025, registered by Yapaladinni police station, Raichur, for the offences punishable under Sections 189(2), 191(2), 191(3), 115(2), 118(1), 109, 352, 351(2) read with Section 190 of BNS, 2023 and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the SC/ST (POA) Amendment Act, 2015, subject to the following conditions: - 8 - NC: 2025:KHC-K:2302 CRL.A No. 200076 of 2025 a) The appellant Nos.3 to 11/accused Nos.5 to 9, 11 and 15 to 17 shall execute personal bonds for a sum of Rs.1,00,000/- each with one surety each for the likesum to the satisfaction of the jurisdictional Court. b) The appellant Nos.3 to 11/accused Nos.5 to 9, 11 and 15 to 17 shall appear before the Investigating Officer within a period of one month from today to execute the personal bonds and sureties. c) The appellant Nos.3 to 11/accused Nos.5 to 9, 11 and 15 to 17 shall not threaten or tamper the prosecution witnesses. d) The appellant Nos.3 to 11/accused Nos.5 to 9, 11 and 15 to 17 shall appear before the Trial Court on all the hearing dates without fail. The appeal filed by appellant Nos.1 and 2/accused Nos.1 and 3 stands rejected. Sd/- (S RACHAIAH) JUDGE SRT List No.: 1 Sl No.: 12 CT:PK