Karnataka High Court
Rajashekar Alias K N Rajashekar vs The State Of Karnataka on 30 August, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2025:KHC-D:11047
CRL.A No. 100365 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 30TH DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY
CRIMINAL APPEAL NO. 100365 OF 2025
(U/S 14 A(2) OF SC AND ST ACT)
BETWEEN:
RAJASHEKAR @ K.N. RAJASHEKAR
S/O. NARAPPA, AGE. 23 YEARS,
OCC. LABOURER, R/O. DAGGI BASAPUR,
TQ. HARAPANAHALLI, DIST. VIJAYANAGAR-591 222.
... APPELLANT
(BY SRI. RAJA RAGHAVENDRA NAIK, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
THROUGH ARASIKERE POLICE STATION, ARASIKERE,
REPRESENTED BY THE STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH-580 001.
2. GOURAMMA W/O. LATE RAVIKUMARA,
AGE. 28 YEARS, OCC. LABOURER,
R/O. JARAKATTE VILLAGE,
TQ. AND DIST. DAVANAGERE,
Digitally
PRESENT R/O. LOKURU VILLAGE,
signed by
RAKESH S BELAGAVI-590 001.
RAKESH HARIHAR ... RESPONDENTS
S Location:
HIGH
HARIHAR COURT OF (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; R2-SERVED)
KARNATAKA
DHARWAD
BENCH
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14A(2) OF
SC/ST (POA) ACT, PRAYING TO SET ASIDE THE ORDER DATED
21.05.2025 PASSED BY THE LEARNED ADDITIONAL DISTRICT AND
SESSION JUDGE, FTSC-1, BALLARI IN SPECIAL C.NO.659/2025 AND
GRANT BAIL IN CRIME NO.37/2025 OF ARASIKERE P.S. FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 115(2), 351(2), 352, 75(2),
70(1) R/W 3(5) OF BNSS AND UNDER SECTIONS 3(1)(R)(W)(I), 3(2), (V-
A) AND 3(2)(V) OF PREVENTION OF ATROCITIES ACT, SC/ST ACT AND TO
ALLOW APPEAL WITH RESPECT TO APPELLANT/ACCUSED NO.2 IN THE
INTEREST OF JUSTICE.
THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT IS
DELIVERED THEREIN AS UNDER:
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NC: 2025:KHC-D:11047
CRL.A No. 100365 of 2025
HC-KAR
ORAL JUDGMENT
(PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY)
Accused No.2 in Special Case No.659 of 2025 pending
before the Court of Additional District and Sessions Judge, FTSC-
I, Ballari, arising out of Crime No.37/2025 registered by
Arasikere Police Station, Vijayanagara District for offences
punishable under Sections 115(2), 351(2), 352, 75(2), 70(1)
read with Section 3(5) of BNS, 2023 and Sections 3(1)(r),
3(2)(w)(i), 3(2)(v-a) and 3(2)(v) of the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989, is before
this Court in this bail application filed under Section 14-A(2) of
the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989, seeking regular bail.
2. Heard the learned counsel for the parties.
3. Learned counsel for the appellant submits that,
allegation against accused Nos.1 to 3 is similar in the charge
sheet. Accused Nos.1 and 3 have been granted regular bail by
this Court in Criminal Appeal No.100441 of 2025 connected with
Criminal Petition No.100373 of 2025 disposed of on 05.08.2025
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HC-KAR
Appellant has no other criminal antecedent. Accordingly, he
prays to allow the appeal.
4. Per contra, learned HCGP, who has opposed the
prayer made in the appeal, does not dispute the submission
made by learned counsel for the appellant.
5. Perusal of the material on record would go to show
that allegations as against accused Nos.1 to 3 are similar in the
first information as well as in the charge sheet filed in the
present case. Accused Nos.1 and 3 have been granted regular
bail by this Court in Criminal Appeal No.100441 of 2025
connected with Criminal Appeal No.100373 of 2025 disposed of
on 05.08.2025 by a detailed order.
6. Under the circumstances, for the reason stated in the
orders passed by this Court in Criminal Appeal No.100441 of
2025 connected with Criminal Appeal No.100373 of 2025, the
prayer made by the appellant as against whom similar
allegations are found, needs to be granted. Accordingly, the
following:
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HC-KAR
ORDER
Criminal Appeal is allowed.
The order dated 21.05.2025 passed by the Court of
Additional District and Sessions Judge, FTSC-I, Ballari in Special
Case No.659 of 2025 is hereby set aside.
The appellant is directed to be enlarged on bail in Special
Case No.659 of 2025 pending before the Court of Additional
District and Sessions Judge, FTSC-I, Ballari, arising out of Crime
No.37/2025 registered by Arasikere Police Station, Vijayanagara
District for offences punishable under Sections 115(2), 351(2),
352, 75(2), 70(1) read with Section 3(5) of BNS, 2023 and
Sections 3(1)(r), 3(2)(w)(i), 3(2)(v-a) and 3(2)(v) of the
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)
Act, 1989, subject to the following conditions:
i. The appellant shall execute personal bond for a
sum of Rs.1,00,000/- (one lakh only) with two
sureties for the like sum to the satisfaction of
the jurisdictional Court;
ii. The appellant shall appear regularly on all the
dates of hearing before the Trial Court unless
NC: 2025:KHC-D:11047
HC-KAR
the Trial Court exempts his appearance for valid
reasons;
iii. The appellant shall not directly or indirectly
threaten or tamper with the prosecution
witnesses;
iv. The appellant shall not involve in similar
offences in future.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
RSH
CT:BCK
