Karnataka High Court
Sri Bhimaray Advani @ Adoni vs The State Of Karnataka on 12 August, 2025
-1-
NC: 2025:KHC-K:4568
CRL.A No. 200154 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 12TH DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MRS JUSTICE M G UMA
CRIMINAL APPEAL NO. 200154 OF 2025 (U/S 14 (A))
BETWEEN:
1. SRI BHIMARAY ADVANI @ ADONI,
S/O YASHWANTRAY ADVANI @ ADONI,
AGED ABOUT 50 YEARS, OCC: AGRICULTURE,
2. SRI MALAKAJAPPA @ MALLIKARJUN ADVANI
@ ADONI,
S/O YASHWANTRAY ADVANI @ ADONI,
AGED ABOUT 55 YEARS, OCC: AGRICULTURE,
BOTH ARE R/O. HARAWAL VILLAGE,
TQ. JEWARGI, DIST. KALABURAGI-585 310.
...APPELLANTS
Digitally signed
by SUMITRA
SHERIGAR
Location: HIGH
(BY SRI ARUNKUMAR AMARGUNDAPPA, ADVOCATE)
COURT OF
KARNATAKA
AND:
1. THE STATE OF KARNATAKA,
THROUGH SHO, NELOGI POLICE STATION,
TQ. JEWARGI, DIST. KALABURAGI,
REPT. BY ITS ADDL. SPP,
HIGH COURT OF KARNATAKA,
KALABURAGI-585 102.
2. KUM. BHAGYASHREE D/O SHARANAPPA HEROOR,
AGED ABOUT 20 YEARS, OCC: HOUSHEOLD,
R/O. HARAWAL VILLAGE, TQ. JEWARGI,
-2-
NC: 2025:KHC-K:4568
CRL.A No. 200154 of 2025
HC-KAR
DIST. KALAUBRAGI-585 310.
...RESPONDENTS
(BY SRI GOPALKRISHNA B. YADAV, HCGP FOR R1 AND R2)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION
14(A)(2) OF SC/ST (POA) ACT, 1989 AND BAIL PETITION U/S
482 OF BNSS, PRAYING TO, SET ASIDE THE IMPUGNED ORDER
DATED 02.05.2025, IN CRL.MISC.NO.572/2025, (ARISING OUT
OF CRIME NO.03/2025) PASSED BY THE II ADDL. DIST. AND
SESSIONS JUDGE, KALABURAGI BY ALLOWING THIS APPEAL.
CONSEQUENTLY ENLARGE THE APPELLANTS/ACCUSED NO.2
AND 3 ON ANTICIPATORY BAIL IN CRIME NO.3/2025 PENDING
ON THE FILE OF II ADDL. DIST. AND SESSIONS JUDGE
KALABURAGI FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 126(2) , 115(2), 74, 352, 351(2) R/W 3(5) OF BNS,
2023 AND SECTIONS 3 (1)(r)(s)(w) OF SC/ST (POA) ACT, 1989
REGISTERED BY THE RESPONDENT - NELOGI POLICE STATION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE M G UMA
ORAL JUDGMENT
(PER: HON'BLE MRS JUSTICE M G UMA)
The appellants/accused Nos.2 and 3 are before this
Court seeking grant of anticipatory bail under Section 14-A
of the Scheduled Castes and Scheduled Tribes (Prevention
of Atrocities) Act, 1989 (hereinafter referred to as 'the SC
& ST (POA) Act' for short) on the apprehension of being
arrested in Crime No.3/2025 of Nelogi Police Station,
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Jewargi Taluk, pending on the file of the II Additional
District and Sessions Judge, Kalaburagi registered for the
offences punishable under Sections 126(2), 115(2), 74,
352, 351(2) read with Section 3(5) of Bharatiya Nyaya
Sanhita, 2023 (hereinafter referred to as 'the BNS, 2023'
for short) and Sections 3(1)(r), 3(1)(w) of SC & ST (POA)
Act on the basis of the first information lodged by
informant - Bhagyashree.
2. Heard Sri Arunkumar Amargundappa, learned
counsel for the appellants and Sri Gopalkrishna B. Yadav,
learned High Court Government Pleader for the
respondents. Perused the materials on record.
3. In view of the rival contentions urged by the
learned counsel for both the parties, the point that would
arise for my consideration is:
"Whether the appellants are entitled for
grant of bail under Section 14-A of SC/ST
(Prevention of Atrocities) Act, 1989?"
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HC-KAR
My answer to the above point is in the 'Affirmative'
for the following:
REASONS
4. Respondent No.2 being the informant, filed the
first information with Nelogi Police against accused Nos.1
to 3 alleging that she was engaged to one Kallappa
Doddamani S/o Sharanappa of Yadrami, and both of them
were in Jewargi. Accused No.1 called the victim girl on
04.01.2025 and victim along with her parents questioned
accused No.1 as to why he is calling the victim girl over
phone. Accused Nos.1 to 3 forming themselves into
unlawful assembly with an intention to commit the
offence, accused No.1 pulled her nighty and tried to
outrage her modesty and further assaulted her. In the
meantime, accused Nos.2 and 3 have also assaulted the
victim with hands, and the accused have criminally
intimidated the victim to cause her death and abused
them in filthy language by referring to her caste with an
intention to humiliate her and thereby they have
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committed the abovementioned offences. Accordingly, FIR
came to be registered and the investigation was
undertaken. Accused No.1 was apprehended and was
released on bail. Now the appellants being accused Nos.2
and 3 are seeking grant of anticipatory bail.
5. The allegations made against the appellants by
the informant in the first information and by the
Investigating Officer in the charge sheet discloses that,
these appellants have assaulted the victim girl and her
family members with hands and joined hands with accused
No.1 in abusing them in filthy language and humiliated
them by referring to their caste. Admittedly, the
investigation is completed and charge sheet is filed. It is
not the contention of the prosecution that the appellants
are having any criminal antecedents or that, they are
required for custodial interrogation. Under these
circumstances, I am of the opinion that reasonable
conditions may be imposed while granting anticipatory bail
to the appellants which will take care of the interest of the
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prosecution as well as interest of the complainant and the
witnesses.
6. Accordingly, I answer the above point in the
affirmative and proceed to pass the following:
ORDER
The appeal is allowed.
The appellants are ordered to be enlarged on bail in
the event of their arrest in Crime No.3/2025 of Nelogi
Police Station for the offences punishable under Sections
126(2), 115(2), 74, 352, 351(2) read with Section 3(5) of
BNS, 2023 and Sections 3(1)(r), 3(1)(w) of SC & ST (POA)
Act.
The appellants are directed to appear before the
Investigating Officer within 15 days from the date of
receipt of this order and on their appearance, the
Investigating Officer shall enlarge them on bail subject to
the following conditions:-
a. The appellants shall furnish the bonds in a
sum of Rs.2,00,000/- (Rupees Two Lakhs
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only) each with two sureties each for the
likesum to the satisfaction of the
Investigating Officer;
b. The appellants shall not commit similar
offences;
c. The appellants shall appear before the
Investigating Officer or the court as and
when required; and
d. The appellants shall not threaten or
tamper the prosecution witnesses.
On furnishing the sureties by the appellants, the
Investigating Officer is at liberty to verify the correctness
of the addresses and authenticity of the documents
furnished by them. On satisfaction of the said documents,
he may proceed to accept the sureties within a reasonable
time.
Sd/-
(M G UMA)
JUDGE
SWK
CT:PK
