- 1 - HC-KAR NC: 2026:KHC-D:488 CRL.A No. 100821 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. 100821 OF 2025 (U/S 14 A(2) OF SC AND ST ACT) BETWEEN: RAMESH S/O ANNAEPPA NIDAGUNDUI AGE 28 YEARS, OCC. TRADER R/O. KANKANWADI VILLAGE TQ RAIBAG, DIST BELAGAVI 591222. …APPELLANT (BY SRI. SHIVA SHIRUR, ADVOCATE) AND: 1. LAKKAPPA MALAGI S/O RAMOJI MALAGI AGE 44 YEARS, OCC. COMMON MAN R/O. #794 BENACHINAMARADI, GOKAK, TQ. GOKAK, DIST. BELAGAVI 591 344. 2. RAMOJI S/O PANDIT @ PANDITAPPA DYAGNATTI AGE 34 YEARS, OCC. BUSINESS, R/O. BASAVA NAGAR, BENACHINAMARADI VILLAGE, TQ. GOKAK, DIST. BELAGAVI-591344. 3. BHIMASHI @ BHIMAPPA S/O. BALAPPA PARTHROD AGE 34 YEARS, OCC 34 YEARS, R/O. #344 KOLAVI, TQ. GOKAK, DIST. BELAGAVI 591344. 4. THE STATE OF KARNATAKA R/BY STATE PUBLIC PROSECUTOR, Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2026:KHC-D:488 CRL.A No. 100821 of 2025 HIGH COURT OF KARNATAKA, THROUGH PSI GOKAK TOWN P.S 580001. …RESPONDENTS (BY SRI. JAIRAM SIDDI, HCGP FOR R4; SRI. VINAYAKUMAR SHETTY, ADVOCATE FOR AVINASH A. ANGADI, ADVOCATE FOR R1 TO R3) THIS CRIMINAL APPEAL IS FILED U/SEC. 14A(2) OF SC/ST (POA) ACT, 2015 R/W 483(3) OF THE BNSSS, 2023, PRAYING TO CALL FOR THE RECORDS IN CONNECTION WITH GOKAK TOWN PS CRIME NO.108/2025 PENDING BEFORE THE III ADDL DISTRICT AND SESSIONS COURT, AT: BELGAUM AND SET ASIDE THE ORDER DATED 31/10/2025 PASSED IN CRIMINAL MISCELLANEOUS NO. 1402/2025 PASSED BY THE III ADDITIONAL SESSIONS JUDGE, THE EXCLUSIVE SPECIAL COURT, AT: BELAGAVI GRANTING REGULAR BAIL TO THE RESPONDENTS NO.1 TO 3/ACCUSED NO. 1 TO 3 IN CONNECTION WITH GOKAK TOWN PS CRIME NO. 108/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS SECTION 189(2), 191(2), 191(3), 329(4), 115(2), 118(1) 137(2), 308(2), 61(2), 190 OF BNS ACT. 2023 AND SECTION 3(1)(r), 3(1)(s), 3(2)(v-a)) OF SC AND THE ST(PREVENTION OF ATROCITY ACT), 1989 BY ALLOWING THE PRESENT PETITION AND DIRECT THE 4TH RESPONDENT TO ARREST THE RESPONDENTS NO. 1 TO 3/ACCUSED NO. 1 TO 3, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC-D:488 CRL.A No. 100821 of 2025 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri. Shiva Shirur, learned counsel for the appellant, Sri. Jairam Siddi, learned High Court Government Pleader for respondent No.4-State and Sri. Avinash M. Angadi, learned counsel for respondent Nos.1 to 3. 2. Present appeal is filed by the defacto complainant with the following prayer: “A. Call for the records in connection with Gokak Town PS Crime No.108/2025 pending before the III Addl. District and Sessions Court, At Belgaum. B. Wherefore, it is most humbly prayed that this Hon’ble Court be pleased to set aside the order dated 31/10/2025 passed in Criminal Miscellaneous No.1402/2025 passed by the III Additional Sessions Judge, The Exclusive Special Court, At: Belagavi granting regular bail to the Respondents No.1 to 3/Accused No.1 to 3 in connection with Gokak Town PS Crime No.108/2025 for the offences punishable under Sections 189(2), 191(2), 191(3), 329(4), 115(2), 118(1), 137(2), 308(2), 61(2), 190 of BNS Act, 2023 and Section 3(1)(r), 3(1)(s), 3(2)(v-a) of SC and the ST (Prevention of Atrocity Act), 1989 - 4 - HC-KAR NC: 2026:KHC-D:488 CRL.A No. 100821 of 2025 by allowing the present petition and direct the 4th respondent to arrest the respondents No.1 to 3/Accused No.1 to 3 in the interest of justice and equity.” 3. Facts in nutshell which are utmost necessary for disposal of the present appeal are as under: 3.1. Respondent Nos.1 to 3 are accused Nos.1 to 3 in Crime No.108/2025 of Gokak Town Police Station registered for the offences punishable under Sections 189(2), 191(2), 191(3), 329(4), 115(2), 118(1), 137(2), 308(2), 61(2), 190 of Bhartiya Nyaya Sanhita, 20231 and Sections 3(1)(r), 3(1)(s), 3(2)(v-a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 19892, which is now pending before the III Additional District and Sessions Judge, Belagavi, and still in the investigation stage. 4. On contest, respondent Nos.1 to 3 were granted bail by the learned Special Judge. 1 For short, ‘BNS, 2023’ 2 For short, ‘SC and ST Act’ - 5 - HC-KAR NC: 2026:KHC-D:488 CRL.A No. 100821 of 2025 5. Being aggrieved by the same, the petitioner is before this Court. 6. Learned counsel for the petitioner reiterating the grounds urged in the appeal memorandum would contend that the learned Special Judge has not properly appreciated the material on record and wrongly granted the bail and hence, sought for cancellation of the bail. 7. Learned High Court Government Pleader for respondent No.4-State and learned counsel for respondent Nos.1 to 3 opposed the appeal grounds. 8. Having heard the arguments of both sides, this Court perused the material on record meticulously. 9. On such perusal of the material on record, it is seen that the learned Special Judge using discretion has granted the regular bail to respondent Nos.1 to 3 herein noting the gravity of the incident and other required parameters. 10. Further, it is to be noted that an appeal against the grant of bail though treated as an appeal under Section - 6 - HC-KAR NC: 2026:KHC-D:488 CRL.A No. 100821 of 2025 14A(2) of the SC and ST Act, is not an appeal in the eye of law strictly. 11. Nor this Court is an appellate authority over the discretionary order passed by the learned Special Judge unless the discretion is improper and not based on sound and logical reasons. 12. In the case on hand, there is no complaint that the respondent Nos.1 to 3 have violated the conditions of bail. 13. According to learned counsel for the appellant, investigation is still in progress and charge sheet is yet to be filed. 14. Therefore, grounds urged in the appeal are hardly sufficient to cancel the bail unless there is a compelling reason for cancelling the discretionary order of granting the appeal. 15. Hence, the following: ORDER (i) The appeal is dismissed. - 7 - HC-KAR NC: 2026:KHC-D:488 CRL.A No. 100821 of 2025 (ii) However, it is made clear that respondent Nos.1 to 3 shall not threaten the prosecution witnesses nor interfere with the investigation process in any manner. Sd/- (V.SRISHANANDA) JUDGE SMM / Ct-cmu LIST NO.: 1 SL NO.: 31