Karnataka High Court
Mr. Shivakumar S/O Hanamappa Mudlapur vs State Of Karnataka on 21 August, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2025:KHC-D:10597
CRL.A No. 100469 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 21ST DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL APPEAL NO. 100469 OF 2025
(U/S 14 A(2) OF SC AND ST ACT)
BETWEEN:
1. MR. SHIVAKUMAR
S/O HANAMAPPA MUDLAPUR,
AGE. 31 YEARS, OCC. AGRICULTURE,
R/O. KAVALAKERI VILLAGE-583 231,
TQ. KUKANOOR, DIST. KOPPAL.
2. MR. ERANNA S/O HANAMAPPA MUDLAPUR,
AGE. 28 YEARS, OCC. AGRICULTURE,
R/O. KAVALAKERI VILLAGE-583 231,
Digitally signed
TQ. KUKANOOR, DIST. KOPPAL.
by RAKESH S
RAKESH HARIHAR
Location: HIGH
S COURT OF
HARIHAR KARNATAKA 3. MR. ERANNA @ VEERANNA
DHARWAD
BENCH S/O SHIVANNA ARAKERI,
AGE. 24 YEARS, OCC. AGRICULTURE,
R/O. KAVALAKERI VILLAGE,
TQ. KUKANOOR, DIST. KOPPAL.
... APPELLANTS
(BY SRI. N.D. GUNDE, ADVOCATE)
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CRL.A No. 100469 of 2025
HC-KAR
AND:
1. STATE OF KARNATAKA,
BY KUKANOOR POLICE STATION,
REPRESENTED BY THE STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING, DHARWAD-580 001.
2. SRI. IRAPPA S/O HANAMAPPA,
AGE. 49 YEARS, OCC. LABOURER,
R/O. KAVALAKERI VILLAGE,
TQ. KUKANOOR, DIST. KOPPAL.
... RESPONDENTS
(BY SMT. KIRTILATA R. PATIL, HCGP FOR R1;
SRI. M.A. PATHAN, ADVOCATE FOR R2)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14
A(2) OF SC AND ST (POA) ACT, PRAYING TO SET ASIDE THE
ORDER DATED 28/07/2025 PASSED BY PRL. DISTRICT AND
SESSIONS JUDGE, KOPPAL IN SPL. C. SC/ST NO.10/2025 AND
GRANT BAIL TO THE APPELLANT IN CRIME NO.53/2025
REGISTERED WITH KUKANOOR PS FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 352, 353(1)(C), 3(5) OF BNS
AND SECTION 3(1)(R), 3(1)(V) OF SC/ST ACT, 1989, IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ORDERS THIS DAY,
JUDGMENT IS DELIVERED THEREIN AS UNDER:
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CRL.A No. 100469 of 2025
HC-KAR
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)
1. Learned Counsel Sri M.A. Pathan, has filed vakalath
on behalf of respondent No.2. The same is taken on record.
2. Accused nos.1, 3 and 11 are before this Court in
this appeal filed under Section 14A(2) of SC/ST(POA) Act, 1989
with a prayer to set-aside the order dated 28.07.2025 passed
in Spl.C.SC/ST No.10 of 2025, pending before the Court of
Principal District and Session Judge, Koppal District and grant
bail to them in Crime No.53 of 2025 registered by Kuknoor
Police Station, Koppal District, for offences punishable under
Sections 3(1)(r), 3(1)(v) of SC/ST (POA) Act, 1989 and
Sections 352 & 353(1)(c) R/w 3(5) of BNS 2023.
3. Heard the learned counsel appearing for the parties.
4. FIR in Crime No.53 of 2025 was registered by
Kuknoor Police Station, Koppal District, initially for offences
punishable under Section 3(1)(r), 3(1)(v) of SC/ST (POA) Act
and Sections 190, 352 and 353 of BNS, 2023 against 11
persons and appellants herein are arrayed as accused nos. 1, 3
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HC-KAR
and 11 in the FIR. During the course of investigation appellants
herein were arrested on 07.05.2025. After completing
investigation, charge sheet has been filed against appellants
herein and insofar as the other accused who were named in the
FIR they have been dropped in the charge sheet. Bail
application filed by the appellants before the jurisdictional
Sessions Court in Spl.C. SC/ST No.10 of 2025 was rejected on
28.07.2025 Therefore, they are before this Court.
5. Allegation in the first information is that on
05.05.2025, accused named the FIR allegedly had abused the
first informant and his friends referring to their caste and on
06.05.2025 the first informant and his friends had found that
the accused had garlanded the photo of Dr. B.R. Ambedkar,
which was installed near the bus stand at Kavalakery Village in
Kuknoor Taluk with chappal.
6. According to the first informant, the accused
persons, who had fought with him and his friends, had
committed the alleged crime by putting the chappal garland on
the play card of Dr. B.R. Ambedkar. It is under these
circumstances, FIR was initially registered against 11 persons
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and after completion of investigation charge sheet has been
filed against the appellants here. It is not in dispute that
appellants have no other criminal antecedents. Maximum
punishment for the alleged offences is imprisonment for a
period of five years. Appellants are in custody for the last more
than three months. Investigation of the case is completed and
charge is filed. Under these circumstances, I am of the opinion
that the prayer made by the appellants for grant of regular bail
requires to be answered affirmatively.
7. Accordingly, the following
ORDER
Criminal Appeal is allowed.
The impugned order dated 28.07.2025 passed by the
Court of Principal District & Sessions Judge, Koppal in
Spl.C.SC/ST No.10 of 2025 is set-aside.
The appellants are directed to be enlarged on bail in
Crime No.53 of 2025 registered by Kuknoor Police Station,
Koppal District, for offences punishable under Sections 3(1)(r),
3(1)(v) of SC/ST (POA) Act, 1989 and Sections 352 &
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353(1)(c) R/w 3(5) of BNS 2023, subject to the following
conditions:
i. The appellants shall execute personal bond
for a sum of Rs.1,00,000/- (one lakh only)
each with two sureties for the likesum to the
satisfaction of the jurisdictional Court;
ii. The appellants shall appear regularly on all
the dates of hearing before the Trial Court
unless the Trial Court exempts their
appearance for valid reasons;
iii. The appellants shall not directly or indirectly
threaten or tamper with the prosecution
witnesses;
iv. The appellants shall not involve in similar
offences in future.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
NMS
CT:BCK
