Karnataka High Court
Kumar S/O. Karbasappa Dalawai vs The State Of Karnataka on 4 August, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2025:KHC-D:9656
CRL.A No. 100367 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 4TH DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY
CRIMINAL APPEAL NO. 100367 OF 2025
(U/S 14 A(2) OF SC AND ST ACT)
BETWEEN:
KUMAR S/O. KARBASAPPA DALAWAI,
AGE: 40 YEARS, OCC: COOLIE,
R/O: HONKANA-581 102,
TQ: HANAGAL, DIST: HAVERI.
... APPELLANT
(BY SRI. CHETAN MUNNOLI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, AT DHARWAD,
THROUGH ADUR POLICE STATION.
RAKESH 2. KRISHNAPPA S/O. SIDDAPPA ANGADI,
S AGE: 53 YEARS, OCC: BUSINESS,
HARIHAR R/O: HONKANA-581 102,
Digitally signed by
RAKESH S HARIHAR
TQ: HANAGAL, DIST: HAVERI.
Location: HIGH
COURT OF
... RESPONDENTS
KARNATAKA
DHARWAD BENCH
DHARWAD
(BY SMT. KIRTILATA R. PATIL, HCGP FOR R1;
SRI. MANOJ BIKKANNAVAR, ADVOCATE FOR R2)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14A(2) OF
THE SC/ST (POA) ACT PRAYING TO SET ASIDE THE ORDER DATED
13.06.2025 PASSED ON APPLICATION SEEKING BAIL UNDER SECTION
483 OF BNSS, 2023, IN RESPECT OF ADUR PS CRIME NO.94/2025 ON
THE I ADDL. DISTRICT AND SESSIONS JUDGE AND SPECIAL JUDGE,
AT HAVERI AND ENLARGE THE APPELLANT/ACCUSED ON BAIL IN
ADUR PS CRIME NO.94/2025 FOR THE ALLEGED OFFENCES
PUNISHABLE UNDER SECTIONS 326(G), 351(2), 352 OF BNS, 2023
AND SECTIONS 3(1)(R), 3(2) (VA) OF THE SC AND ST (PREVENTION
OF ATROCITIES) AMENDED ACT 2015.
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NC: 2025:KHC-D:9656
CRL.A No. 100367 of 2025
HC-KAR
THIS APPEAL, COMING ON FOR ORDERS THIS DAY,
JUDGMENT IS DELIVERED THEREIN AS UNDER:
ORAL JUDGMENT
(PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY)
1. Shri Manoj Bikkannavar, learned counsel submits
that he has filed vakalath on behalf of respondent No.2, the
de facto complainant. The Registry is directed to show his
name in the cause list.
2. The accused in Crime No.94 of 2025 registered
by Adur Police Station, Hanagal Circle, Haveri for the
offences punishable under Sections 326(g), 351(2) and 352
of BNS, 2023 and Sections 3(1)(r), 3(2)(va) of the SC and
ST (Prevention of Atrocities) Amended Act, 2015, is before
this Court, in this appeal, filed under Section 14A(2) of the
SC & ST (POA) Act, seeking regular bail.
3. Heard the learned counsel appearing for the
parties.
4. The FIR in Crime No.94 of 2025 was registered
by Adur Police Station, Hanagal Circle, Haveri for the
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HC-KAR
aforesaid offences, based on the first information dated
04.06.2025, received from respondent No.2, who is the
alleged victim in the present case. During the course of
investigation of the case, the appellant was arrested on
05.06.2025 and subsequently remanded to the judicial
custody. His bail application filed before the trial Court in
Adur P.S. Cr.No.94 of 2025 was rejected on 13.06.2025.
Therefore, he is before this Court.
5. Learned counsel for the appellant having
reiterated the grounds urged in the memorandum of facts,
has prayed to allow the appeal.
6. Per contra, learned HCGP appearing for
respondent No.1 and the learned counsel appearing for
respondent No.2, de facto complainant, opposed the prayer
made in the appeal and submit that the appellant has
abused the first informant referring to his caste and
therefore, the alleged offences under SC and ST (POA) Act
get attracted in the present case. They submit that in the
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HC-KAR
event, the appellant is enlarged on bail, he is likely to
tamper with the prosecution witnesses. Accordingly, they
pray to dismiss the appeal.
7. Perusal of the material on record would go show
that, the appellant and the first informant are acquainted to
each other and they hail from the same village. It is the
case of the prosecution that, on 29.05.2025 at about 07.30
p.m., the appellant abused the first informant, without
there being any reason, referring to his caste, and also
threatened to burn his family members. In the first
information, it is further alleged that, on the intervening
night of 29.05.2025 and 30.05.2025 at about 02.00 p.m.,
the appellant lit fire to the condiment shop of the first
informant and caused damage to the tune of ₹.1,50,000/-.
In respect of the alleged incident that had taken place on
the intervening night of 29.05.2025 and 30.05.2025, the
first information is belatedly filed on 04.06.2025. Even
though it is alleged in the first information that the
appellant had abused the first informant referring to his
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HC-KAR
caste, there is no such allegation in the first information
that while the appellant so abused the first informant
referring to his caste, any other public was present at the
spot and the act was committed to the view of the public.
8. The records made available by the learned HCGP
would go to show that the spot panchanama of the shop,
which was allegedly burnt by the appellant, has been made
in the present case on 05.06.2025 itself. The said
panchanama reflects that only the front door and the
window adjacent to the front door was damaged, as a result
of the alleged act committed by the appellant on the
intervening night of 29.05.2025 and 30.05.2025 in which he
had allegedly poured kerosene and lit fire to the shop of the
first informant. The panchanama does not show that the
stock of the first informant, which was inside the shop was
damaged in any manner, as a result of the fire lit by
appellant. The appellant, who is an agriculturist, having no
other criminal antecedent, is in custody for the last two
months. The major portion of the investigation is already
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completed and the alleged offences are not exclusively
punishable with death or life imprisonment.
9. Under the circumstances, I am of the opinion
that, the prayer made by the appellant for grant of regular
bail is to be answered affirmatively. Accordingly, the
following:
ORDER
(i) The criminal appeal is allowed.
(ii) The order dated 13th June 2025 passed in Adur
P.S. Cr. No. 94/2025 on the file of the I-Addl. District and
Sessions Judge and Special Judge, Haveri, arising out the
Crime No.94/2025 registered for offences punishable under
Sections 326(g), 351(2) and 352 of BNS, 2023 and Sections
3(1)(r), 3(2)(va) of the SC and ST (Prevention of Atrocities)
Amended Act, 2015 dismissing the regular bail application
of the appellant is set aside and the appellant is directed to
be enlarged on bail, subject to the following conditions:
(a) The appellant - accused No.1 shall execute
personal bond for a sum of Rs.1,00,000/-
with two sureties for the like sum to the
satisfaction of the jurisdictional Court;
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(b) The appellant shall appear regularly on all
the dates of hearing before the Trial Court
unless the Trial Court exempts his
appearance for valid reasons;
(c) The appellant shall not directly or indirectly
threaten or tamper with the prosecution
witnesses;
(d) The appellant shall not involve in similar
offences in future.
(e) The appellant shall not leave the
jurisdiction of the Trial Court without
permission of the said Court until the case
registered against him is disposed off.
Sd/-
(S.VISHWAJITH SHETTY)
VNP / CT: BCK
