Karnataka High Court
Sri Babu Agasar Alias Durga Manikant S/O ... vs The State Of Karnataka on 4 February, 2025
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2025:KHC-D:2126
CRL.A No. 100014 of 2025
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 4TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL APPEAL NO. 100014 OF 2025 (U/S 14 A(2) of SC & ST ACT)
BETWEEN:
SRI. BABU AGASAR @ DURGA MANIKANT
S/O. T. VENKATESH,
AGE. 24 YEARS, OCC. COOLIE,
R/O. 22ND WARD, GUNDAMMA CAMP,
TQ. GANGAVATHI, DIST. KOPPAL-583227.
...APPELLANT
(BY SRI. ANAND R.KOLLI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
R/BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA THROUGH PSI,
GANGAVATHI TOWN POLICE STATION,
DIST. KOPPAL.
2. SRI. MANJUNATH @ MANJU
S/O. SHANKRAPPA MATARANGI,
R/O. 25TH WARD, GUNDAMMA CAMP,
Digitally signed by B GANGAVATI, TQ. GANGAVATI,
K
MAHENDRAKUMAR DIST. KOPPAL-583227.
Location: HIGH
COURT OF ...RESPONDENTS
KARNATAKA
DHARWAD BENCH (BY SRI. ASHOK T.KATTIMANI, AGA FOR R1;
Date: 2025.02.05
12:54:27 +0530 NOTICE TO R2 IS SERVED)
THIS CRIMINAL APPEAL IS FILED U/S 14 A(2) OF SC AND ST
ACT 2016 R/W SECTION 483 OF BNSS, PRAYING TO, SET ASIDE
THE ORDER DATED 21.12.2024 PASSED BY THE ADDL.DISTRICT
AND SESSIONS JUDGE KOPPAL, SITTING AT GANGAVATI IN
SPL.CASE (SC/ST) 90/2024 FOR AN OFFENCE PUNISHABLE U/S
189(2), 191(2), 191(3), 126(2), 115(2), 118(1), 109, 352, 351(2) AND 190
OF BHARATIYA NYAYA SANHITA (BNS) 2023 AND THE SC AND ST
(PREVENTION OF ATROCITIES) AMENDMENT ACT 2015 U/S 3(1)(r),
3(1)(s), 3(2)(Va) THE SAME HAS BEEN REGISTERED BY THE
GANGAVATHI POLICE STATION DIST. KOPPAL IN CRIME
NO.146/2024.
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NC: 2025:KHC-D:2126
CRL.A No. 100014 of 2025
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
ORAL JUDGMENT
1. The appellant/accused No.1 has filed this appeal under
Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 2016, read with Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to be enlarged
on bail.
2. The appellant has been charge-sheeted for offences
punishable under Sections 189(2), 191(2), 191(3), 126(2), 115(2),
118(1), 109, 352, 351(2), and 190 of the Bharatiya Nyaya Sanhita,
2023, along with Sections 3(1)(r), 3(1)(s), and 3(2)(va) of the
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)
Act, 1989.
3. The prosecution's case is that on 23.09.2024, while the
complainant (respondent No.2) was participating in a procession
for the immersion of Lord Ganesh's idol, the accused persons
picked a quarrel with him, abused him in filthy language, and
assaulted him by kicking. When his friends--namely Shivakumar,
Ganesh, and Sagar--attempted to intervene, the accused persons
allegedly abused Shivakumar with reference to his caste and
stabbed him in the stomach with a knife, causing grievous injuries.
The accused also allegedly assaulted Sagar and Ganesh.
4. Heard the learned counsel for the appellant and the
learned Additional Government Advocate for the respondent/State.
NC: 2025:KHC-D:2126
5. The alleged incident took place on 23.09.2024.
Shivakumar, who sustained grievous injuries, has since been
discharged from the hospital after receiving treatment. The knife
allegedly used in the offence has been seized. As the charge sheet
has already been filed and accused No.1 is not required for further
custodial interrogation, a prima facie case has been made out for
his release on bail.
6. Accordingly, I proceed to pass the following:
ORDER
a. The appeal is allowed.
b. The appellant/accused No.1 is enlarged on bail in relation
to Crime No.146/2024 registered by Gangavathi Police
Station, for the offences punishable under Sections
189(2), 191(2), 191(3), 126(2), 115(2), 118(1), 109, 352,
351(2),190 of Bharatiya Nyaya Sanhita, 2023 and
Sections 3(1)(r), 3(1)(s), 3(2)(va) of the SC/ST (POA) Act,
which is now registered as Spl.C(SC/ST) No.90/2024 on
the file of learned Addl. District and Sessions Judge,
Koppal at Koppal (sitting at Gangavathi), subject to the
following conditions:
i. Appellant/accused No.1 shall furnish a personal
bond for a sum of Rs.1 lakh with one surety for the
likesum to the satisfaction of the jurisdictional Court.
ii. He shall appear before the Court as and when
summoned.
NC: 2025:KHC-D:2126
iii. He shall not threaten or allure the prosecution
witnesses in whatsoever manner.
iv. He shall not leave the territorial limits of the Trial
Court without prior permission of the Trial Court.
Sd/-
(HEMANT CHANDANGOUDAR)
JUDGE
JTR
Ct:vh
