- 1 - HC-KAR NC: 2026:KHC-D:1197 CRL.A No. 100812 of 2025 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 30TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL APPEAL NO. 100812 OF 2025 (U/S 14 A(2) OF SC AND ST ACT) BETWEEN: SHRI GOPALKRISHNA, S/O. NARAYANAPPA GHANTENNAVAR, AGE. 54 YEARS, OCC. BUSINESS, R/O. MYAGERI ONI, NAVALUR, DHARWAD. …APPELLANT (BY SRI. D.A.BHANDEKAR, ADVOCATE FOR SRI ROSHAN SAHEB CHABBI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY DHARWAD DCRE POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF BUILDING, DHARWAD-580001. 2. SHRI. MAHADEV S/O PUNDALEEK SHIRASANGI, AGE. 35 YEARS, OCC. PUBLIC SECTOR UNDERTAKING, R/O. HEBBALLI AGASI, CHANNARAYA NAGAR, AZAD COLONY, DHARWAD, DIST. DHARWAD-580001. …RESPONDENTS (BY SRI. PRAVEENA Y. DEVAREDDIYAVARA, HCGP FOR R1; SRI. P.G. CHIKKANARAGUND, ADVOCATE FOR R2) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14 A(2) OF SC AND ST (POA) ACT 1989, PRAYING TO SET ASIDE THE ORDER PASSED BY THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD AND SPECIAL COURT FOR TRIAL OF THE OFFENCES UNDER THE P.O.C.S.O. ACT AND S.C. AND S.T. (P.O.A.) ACT, IN CRIME NO.3/2025, FOR THE OFFENCES PUNISHABLE UNDER SECTION 115(2), 118(1), 351(2), 352 OF THE BHARATIYA NYAYA SANHITA, 2023 READ WITH SECTION 3(1)(R), 3(1)(S), 3(2)(VA) OF THE SC AND ST (PREVENTION OF ATROCITIES) AMENDMENT ACT, 2015 AND GRANT REGULAR BAIL TO THE APPELLANT, BY ALLOWING THE TOP Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench. - 2 - HC-KAR NC: 2026:KHC-D:1197 CRL.A No. 100812 of 2025 NOTED APPEAL, IN CRIME NO.3/2025 OF DCRE P.S. PENDING ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD AND SPECIAL COURT DHARWAD, FOR THE ALLEGED COMMISSION OF THE OFFENCES PUNISHABLE U/S 115(2), 118(1), 351(2), 352 OF THE BHARATIYA NYAYA SANHITA, 2023 READ WITH SECTION 3(1)(R), 3(1)(S), 3(2)(VA) OF THE SC AND ST (PREVENTION OF ATROCITIES) AMENDMENT ACT, 2015, IN THE INTEREST OF JUSTICE. THIS CRIMINAL 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 D.A.Bhandekar, learned counsel for appellant, Sri Praveena Y. Devareddiyavara, learned High Court Government Pleader for respondent No.1 and Sri P.G.Chikkanaragund, learned counsel for respondent No.2. 2. Present appeal is by the accused in Crime No.3/2025 with the following prayer: “To set aside the order passed by the II Additional District and Sessions Judge, Dharwad and Special Court for trial of the offences under the P.O.C.S.O. Act and S.C. and S.T. (P.O.A.) Act, in Crime No.3/2025, for the offences punishable under Section 115(2), 118(1), 351(2), 352 of the Bharatiya Nyaya Sanhita, 2023 read with section 3(1)(r), 3(1)(s), 3(2)(va) of the SC and ST (Prevention of Atrocities) Amendment Act, 2015 and grant regular bail to the appellant, by allowing the top noted appeal, in Crime No.3/2025 of DCRE P.S. pending on the file of the II Additional District and Sessions Judge, Dharwad and Special Court Dharwad, for the alleged - 3 - HC-KAR NC: 2026:KHC-D:1197 CRL.A No. 100812 of 2025 commission of the offences punishable u/s 115(2), 118(1), 351(2), 352 of the Bharatiya Nyaya Sanhita, 2023 read with Section 3(1)(r), 3(1)(s), 3(2)(va) of the SC and ST (Prevention of Atrocities) Amendment Act, 2015, in the interest of justice.” 3. Facts in the nutshell which are utmost necessary for disposal of the present appeal are as under: 3.1 Second respondent lodged a complaint with Dharwad DCRE Police Station on 04.12.2025 alleging that second respondent is a worker in the Corporation and in respect of picking up of the garbage from the plot of the present appellant, there was a rift and in the rift, appellant said to have abused the second respondent in a filthy language taking out his caste name and assaulted with hands on the shoulder, left hand and on the chest. 3.2 Soon after registration of the case, police are investigating the matter and inter alia arrested the present appellant and sent him to judicial custody. Injured is treated as outpatient in the hospital with a history of simple injury. 4. Attempt made by the appellant to obtain an order of grant of bail is turned down by the learned Special Judge. - 4 - HC-KAR NC: 2026:KHC-D:1197 CRL.A No. 100812 of 2025 5. Thereafter, appellant is before this Court. 6. Sri Annappa D.Bhandekar, learned counsel for the appellant would contend that nature and gravity of the offence is not so high so as to deny the bail and continuation of the accused in custody who is therein custody on and from 06.12.2025. 7. He would further contend that the appellant has no criminal antecedents and sought for grant of bail. 8. Per contra, Sri Praveena Y. Devareddiyavara, learned High Court Government Pleader and Sri P.G.Chikkanaragund would oppose the appeal grounds. 9. Having heard the arguments of both sides, it is noticed that a trivial incident has been blown out of proportion. Anyway whether at all there was an insult to the second respondent by the appellant in the public view is a matter that has to be adjudicated during the trial. 10. Taking note of the fact that there was only an allegation of assault by hands and injured is treated in outpatient - 5 - HC-KAR NC: 2026:KHC-D:1197 CRL.A No. 100812 of 2025 department with a history of simple injury, continuation of the accused in judicial custody is no longer warranted. 11. Other apprehensions of the prosecution can be met with by imposing suitable and stringent conditions. 12. Accordingly, following: ORDER i. Appeal is allowed. ii. Appellant is directed to be enlarged on bail on executing a bond in a sum of ₹50,000/- with one surety for the like sum to the satisfaction of the learned trial Judge. iii. Appellant shall not tamper the prosecution witnesses in any manner. iv. Appellant shall attend the Court regularly. v. Appellant shall not leave the jurisdiction of Dharwad District without prior permission. Violation of any one of the conditions, would entitle the prosecution to seek for cancellation of bail. Sd/- (V.SRISHANANDA) JUDGE CLK, CT:CMU