- 1 - HC-KAR NC: 2026:KHC-D:985 CRL.A No. 100820 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 28TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL APPEAL No.100820 OF 2025 (U/S 14 A(2) OF SC AND ST ACT) BETWEEN: SHRI. SADASHIV S/O KALLAPPA SHIRAGURE AGE. 52 YEARS. OCC. NIL R/O. DIGGEWADI ROAD, BUDRUK KODI ROAD, KANCHAKARAWADI VILLAGE TQ.RAIBAG, DIST. BELAGAVI-591317. …APPELLANT (BY SRI. K.S. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH STATION HOUSE OFFICER RAIBAG POLICE STATION, RPTD. BY STATE PUBLIC PROSECUTOR, ADVOCATE GENERAL OFFICE, HIGH COURT OF KARNATAKA BENCH, AT DHARWAD, DIST.DHARWAD-580 011. 2. MADHUKAR YALLAPPA SHINGE AGE. 46 YEARS, R/O. KANCHAKARAWADI VILLAGE TQ. RAIBAG, DIST. BELAGAVI-591317. …RESPONDENTS (BY SRI. PRAVEENA Y. DEVAREDDIYAVARA, HCGP FOR R1; SRI. NAGARAJ C. KOLLOORI, ADVOCATE FOR R2) THIS CRIMINAL APPEAL IS FILED U/SEC. 483 OF BNSS, 2023 SEEKING TO SET ASIDE THE ORDER DATED 12.12.2025 IN CRL MISC. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench. - 2 - HC-KAR NC: 2026:KHC-D:985 CRL.A No. 100820 of 2025 NO. 1549/2025 AND ENLARGE THE APPELLANT/ ACCUSED NO. 2 ON REGULAR BAIL IN RAIBAG P.S. CRIME NO.253/2025 ON THE FILE OF III ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTION 126(2), 118(1), 352, 351(2), R/W 3(5) OF BNS, 2023 AND SECTION 3(1)(r), 3(1)(s), 3(2)(va), OF SC AND ST (POA) AMENDMENT BILL 2015, IN THE INTEREST OF JUSTICE. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri K.S.Patil, learned counsel for the appellant, Sri Praveena Y. Devareddiyavara, learned High Court Government Pleader and Sri Nagaraj C. Kolloori, legal aid counsel for respondent No.2/ de-facto complainant. 2. At the outset, the wound certificate came to be filed by the learned High Court Government Pleader wherein, the injury is noted as simple injury. The injured is also discharged from the hospital. As such, gravity of the offence has been reduced to considerable extent. 3. Appeal under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, with the following prayer: “WHEREFORE, it is most humbly prayed that the Hon’ble Court be pleased to set aside the order dated 12.12.2025 - 3 - HC-KAR NC: 2026:KHC-D:985 CRL.A No. 100820 of 2025 in Crl.Misc.No.1549/2025 and enlarge the appellant/accused No.2 on regular Bail in Raibag P.S. Crime No.253/2025 on the file of Hon’ble III Addl. District and Sessions Judge, Belagavi registered for the offence punishable under Section 126(2), 118(1), 352, 351(2) r/w 3(5) of Bharatiya Nyaya Sanhita, 2023, 2023 and Section 3(1)(r), 3(1)(s), 3(2)(va) of SC and ST (POA) Amendment Bill 2015, in the interest of justice.” 4. Facts of the case in brief which are utmost necessary for disposal of the present appeal are as under: On 16.10.2025, complainant’s father by name Madhukar Yellappa Shinge was proceeding on his motor cycle from his farm house to Bhimanagar on Raibag Diggewadi road. At Nalaband, accused persons nurturing common intention, gathered at that place and wrongfully restrained the said Madhukar Yellappa Shinge and assaulted him with clubs and stones in order to vindicate the enmity among them on account of the civil dispute. 5. The incident has occurred at about 9.00 pm and thereafter, injured was shifted to the hospital. Complaint came to be lodged with Raibag police and a crime came to be registered in Crime No.253/2025 for the offences punishable under Sections 126(2), 118(1), 352,, 351(2) r/w 3(5) of the Bharatiya Nyaya Sanhita, - 4 - HC-KAR NC: 2026:KHC-D:985 CRL.A No. 100820 of 2025 2023 and Sections 3(1)(r), 3(1)(s), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Bill, 2015. 6. Police, after registering the case, have investigated the matter. 7. During the course of investigation, appellant has been arrested and sent to judicial custody. Attempt made by him to obtain an order of bail is turned down by the learned Special Judge by order dated 12.12.2025 and thereafter, appellant is before this Court. 8. Sri K.S.Patil, learned counsel for the appellant, reiterating the grounds urged in the appeal memorandum, contended that the incident has occurred on account of civil dispute. Therefore, a fall from motor cycle has been shown as an assault and a false case has been foisted against the appellant and sought for allowing the appeal. 9. Per contra, learned High Court Government Pleader and Sri Nagaraj C. Kolloori, learned counsel for the respondent No.2 would contend that the nature of the injury as could be seen - 5 - HC-KAR NC: 2026:KHC-D:985 CRL.A No. 100820 of 2025 from the wound certificate at no stretch of imagination can be termed as a self inflicted injury or accidental injury. 10. Statement of eye witnesses to the incident is recorded by the Investigation Agency and therefore, theory put forward by the appellant is incorrect and sought for dismissal of the appeal. 11. It is also contended that if the appellant is enlarged on bail, there is every possibility that he would not only threaten the prosecution witnesses, but also take advantage in the pending civil litigation and thus sought for dismissal of the appeal. 12. Having heard both sides, this Court perused the material on record meticulously. 13. On such perusal of the material on record, it is crystal clear that the incident has occurred at night hours around 9.00 pm on Raibag-Diggewadi road. 14. Whether at all the present appellant did cause any injury with the help of club and stone is a matter that has to be adjudicated in the trial. - 6 - HC-KAR NC: 2026:KHC-D:985 CRL.A No. 100820 of 2025 15. According to the prosecution, not only the injured has identified the present appellant, but also other witnesses. 16. Taking note of the fact that injured has suffered simple injury and has been discharged from the hospital and also taking note of the fact that the appellant is in custody on and from 24.11.2025, this Court is of the considered opinion that the continuation of the appellant in judicial custody is no longer warranted. 17. Other apprehensions expressed by the prosecution can be met with by imposing suitable and stringent conditions. 18. Accordingly, the following: ORDER (i) Appeal is allowed. (ii) Appellant/accused No.2 in Crime No.253/2025 of Raibag Police Station, Athani Sub Division, Belagavi, is enlarged on bail on executing a personal bond in a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the Trial Court. - 7 - HC-KAR NC: 2026:KHC-D:985 CRL.A No. 100820 of 2025 (iii) Appellant/accused No.2 shall not threaten the prosecution witnesses in any manner. (iv) Appellant/accused No.2 shall mark the attendance every Sunday between 10.00 am and 2.00 pm till final report is filed. (v) Appellant/accused No.2 shall not leave the jurisdiction of Belagavi district with prior permission of the Court. (vi) Appellant/accused No.2 shall attend the Court regularly. Violation of any of the conditions would entitle the prosecution to seek for cancellation of bail. Sd/- (V.SRISHANANDA) JUDGE kcm Ct-cmu LIST NO.: 1 SL NO.: 2