- 1 - HC-KAR NC: 2026:KHC-D:473 CRL.A No. 100711 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL APPEAL No.100711 OF 2025 (U/S 14 A(2) OF SC AND ST ACT) BETWEEN: 1. SHRI JAYARAM S/O SANGAYYA PUJERI AGED ABOUT 39 YEARS RESIDING AT KOHALLI, TALUK ATHANI DISTRICT BELAGAVI-591304. 2. SHRI RATAN @ SHIVANAND S/O SURESH KAMBLE AGED ABOUT 27 YEARS RESIDING AT CHAMAKERI TALUK ATHANI, DISTRICT BELAGAVI-591304. 3. SHRI SURESH S/O YAMANAPPA @ ANNAPPA KAMBLE @ MANAE AGED ABOUT 51 YEARS RESIDING AT CHAMAKERI TALUK ATHANI, DISTRICT BELAGAVI-591304. 4. SHRI GIRIMALLA S/O SHANKAR KAMBLE AGED ABOUT 21 YEARS RESIDING AT CHAMAKERI TALUK ATHANI, DISTRICT BELAGAVI-591304. 5. SMT. GEETA D/O SURESH KAMBLE @ MANE AGED ABOUT 46 YEARS RESIDING AT CHAMAKERI VILLAGE TALUK ATHANI DISTRICT BELAGAVI-591304. …APPELLANTS (BY SRI. TELI VITTHAL SHRISHAIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA DHARWAD, Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2026:KHC-D:473 CRL.A No. 100711 of 2025 BENCH DHARWAD THROUGH AIGALI POLICE STATION, BELAGAVI-580002. 2. SHRI RAVI S/O RENUKA KAMBLE AGED 33 YEARS RESIDENT AT CHAMAKERI TALUK ATHANI, DISTRICT BELAGAVI NOW AT HULAGBAL VILLAGE, TALUK ATHANI DIST BELAGAVI-591304. 3. SMT. SANGEETA W/O RAJU KAMBLE AGED ABOUT 35 YEARS RESIDENT AT CHAMKERI TALUK ATHANI, DISTRICT BELAGAVI-591304. 4. SHRI RAJU S/O DEVATA KAMBLE AGED ABOUT 42 YEARS RESIDENT AT HULAGBAL VILLAGE TALUK ATHANI, DISTRICT BELAGAVI-591304. …RESPONDENTS (BY SRI. JAIRAM SIDDI, HCGP FOR R1; NOTICE SERVED TO R2; NOTICE TO R3 AND R4 ARE DISPENSED WITH) THIS CRIMINAL APPEAL IS FILED U/S 14 A(2) OF SC AND ST (POA) AMENDMENT ACT 2015, PRAYING TO GRANT ANTICIPATORY BAIL TO THE APPELLANTS/ACCUSED NO 2 TO 6 IN AIGALI P S CR NO.106/2025 FOR OFFENSES UNDER SECTIONS 189(2), SECTION 191(2), SECTION 191(3), SECTION 61(2), SECTION 109, SECTION 115(2), SECTION 118(1), SECTION 126(2), SECTION 352, SECTION 351(2) READ WITH SECTION 190 OF BHARATIYA NYAYA SANHITA AND UNDER SECTION 3(1)(R), SECTION 3(1)(S), SECTION 3(2)(VA), SECTION 3(2)(V) OF SCHEDULED CASTE AND SCHEDULED TRIBE (PREVENTION OF ATROCITIES) ACT BY SETTING ASIDE THE ORDER DATED 10.10.2025 IN CRL.MISC.NO.1122/2025 ON THE FILE OF THE III ADDL. DISTRICT AND SESSIONS JUDGE, (THE EXCLUSIVE SPECIAL COURT), CONSTITUTED FOR OFFENCE UNDER SCHEDULE CASTE AND SCHEDULE TRIBE (PREVENTION OF ATROCITIES ACT) BELAGAVI, IN THE INTEREST OF JUSTICE. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC-D:473 CRL.A No. 100711 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri Vitthal Shrishail Teli, learned counsel for the appellants and Sri Jairam Siddi, learned High Court Government Pleader. 2. Sri Jairam Siddi, learned High Court Government Pleader files objections. Same is taken on record. 3. This appeal is filed under Section 14(A)(2) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Amendment Act, 2015 by accused Nos.2 to 6 with the following prayer: “WHEREFORE, it is most humbly prayed that this Hon’ble Court may kindly be pleased to grant anticipatory bail to the appellants/accused No.2 to 6 in Aigali P.S. Cr.No.106/2025 for offences under Sections 189(2), Section 191(2), Section 191(3), Section 126(2), Section 352, Section 351(2) read with Section 190 of Bharatiya Nyaya Sanhita and under Section 3(1)(r), Section 3(1)(s), Section 3(2)(va), Section 3(2)(v) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocity) Amendment Act by setting aside the Order dated 10.10.2025 in Crl.Misc.No.1122/2025 on the file of the III Addl. District and Sessions Judge, (the Exclusive Special Court, constituted for offence under Scheduled Caste and Scheduled Tribe (Prevention of Atrocity Act), Belagavi, in the interest of justice and equity.” - 4 - HC-KAR NC: 2026:KHC-D:473 CRL.A No. 100711 of 2025 4. During the course of hearing, Sri Vitthal Shrishail Teli, learned counsel for the appellants files a memo with a prayer to dismiss the appeal as against appellant No.1 who is accused No.2. Memo is taken on record. 5. At the outset, Sri Teli, would contend that the allegations found against the appellant Nos.2 to 5/ accused Nos.3 to 6 are omnibus in nature and no specific overt acts are also alleged against these appellants. 6. It is his further contention that appellant Nos.2 to 5 who are the accused Nos.3 to 6 are also belonging to Scheduled Caste Community. As such, bar under Section 18 of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Amendment Act, 2015 (‘Act’ for short) is not applicable. Therefore they may be granted anticipatory bail. 7. Per contra, Sri Jairam Siddi, learned High Court Government Pleader would contend that there cannot be any isolation of the allegations as against appellant Nos.2 to 5. Therefore, sought for dismissal of the appeal. - 5 - HC-KAR NC: 2026:KHC-D:473 CRL.A No. 100711 of 2025 8. He would also contend that the allegations are not omnibus and there are specific overt acts alleged in the complaint itself and matter is at the stage of investigation. Therefore, granting anticipatory bail to the appellant Nos.2 to 5 would hamper the investigation process and may also result in destruction of prosecution evidence or interference in the investigation. Therefore, sought for rejection of the appeal. 9. Having heard the arguments of both sides, this Court perused the material on record meticulously. 10. On such perusal of the material on record, accused Nos.3 to 6 belong to Scheduled Caste and Scheduled Tribe Community. As against them, the provisions of the Act would not be made applicable. Therefore, bar under Section 18 of the Act cannot be invoked by the prosecution as against them. 11. Insofar as the overt acts are concerned, admittedly, it is a general and omnibus allegation that has been made and for non- appearance of appellant Nos.2 to 5 who are accused Nos.3 to 6 in the incident, investigation is also crippled. - 6 - HC-KAR NC: 2026:KHC-D:473 CRL.A No. 100711 of 2025 12. The Investigation Agency is not able to apprehend the present appellants though the incident has occurred on 06.08.2025. 13. Therefore, it is just and necessary for this Court to direct the appellant Nos.2 to 5 who are accused Nos.3 to 6 to join the investigation and undergo limited period of custodial interrogation which would strike a harmonious balance between the need of the appellant Nos.2 to 5 and also the need of the prosecution for custodial interrogation. 14. Accordingly, the following: ORDER (i) Appeal as against appellant No.1/accused No.2 stands dismissed in the light of the memo filed by the counsel for appellants. (ii) Appeal is allowed in part in so far as appellant Nos.2 to 5 who are accused Nos.3 to 6 in Crl.Misc.No.001122/2025 on the file of the III Additional Sessions Judge, Exclusive Special Court, constituted for offence triable under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Belagavi, (Crime No.106/2025 registered by Aigali Police Station, Belagavi) on following conditions. - 7 - HC-KAR NC: 2026:KHC-D:473 CRL.A No. 100711 of 2025 (a) Appellant Nos.2 to 5/accused Nos.3 to 6 shall join the investigation by appearing before the Investigation Officer positively on 29.01.2026 at 10.00 am. (b) The Investigation Officer is at liberty to take them into custody and complete the custodial interrogation on the same day before 07.00 p.m. Thereafter, enlarge appellant Nos.2 to 5/accused Nos.3 to 6 on bail by taking a bond in a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety for the likesum to the satisfaction of the Investigation Officer. (c) Appellant Nos.2 to 5/accused Nos.3 to 6 shall not tamper the prosecution witnesses in any manner. (d) Appellant Nos.2 to 5/accused Nos.3 to 6 shall attend the Court regularly. (e) Appellant Nos.2 to 5/accused Nos.3 to 6 shall mark their attendance every Sunday between 10.00 am to 02.00 pm till the final report is filed. - 8 - HC-KAR NC: 2026:KHC-D:473 CRL.A No. 100711 of 2025 (f) Appellant Nos.2 to 5/accused Nos.3 to 6 shall not leave the jurisdiction of Belagavi District without prior permission. (iv) Violation of any of the above conditions shall entitle the prosecution to seek for cancellation of bail. Sd/- (V.SRISHANANDA) JUDGE kcm LIST NO.: 1 SL NO.: 1