Karnataka High Court
Shri Ashok S/O Umesh Madivalar Alias ... vs The State Of Karnataka on 5 February, 2025
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2025:KHC-D:2233
CRL.A No. 100015 of 2025
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 5TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL APPEAL NO. 100015 OF 2025 (U/S 14 A(2) of SC and ST ACT)
BETWEEN:
1. SHRI. ASHOK
S/O. UMESH MADIVALAR @ AGASAR,
AGE. 22 YEARS,
OCC. CLERK IN DALALI SHOP.
2. SHRI. HANUMANTHA @ HANUMESH
S/O. MARIYAPPA PYATIHAL,
AGE. 28 YEARS, OCC. COOLIE,
ALL ARE R/O. VADDARHATTI VILLAGE,
TQ. GANGAVATHI, DIST. KOPPAL.
...APPELLANTS
(BY SRI. SANTOSH B. MALAGOUDAR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THROUGH PSI, GANGAVATHI TOWN
Digitally signed by B
POLICE STATION, REPRESENTED BY
K
MAHENDRAKUMAR ITS ADDL. STATE PUBLIC PROSECUTOR,
Location: HIGH
BK
MAHENDRAKUMAR COURT OF
KARNATAKA
SPP OFFICE, HIGH COURT OF KARNATAKA,
DHARWAD BENCH
Date: 2025.02.11
15:51:29 +0530
DHARWAD.
2. SRI. R. MURTHY
S/O. AMAJAPPA @ RAMASWAMY
AGE. 68 YEARS, OCC. HOUSE HOLD WORK,
R/O. IIIRD WARD, NEAR ISHWAR TEMPLE,
VADDARHATTI VILLAGE,
TAL. GANGAVATHI AND DIST. KOPPAL.
...RESPONDENTS
(BY SRI. T.HANUMAREDDY, AGA FOR R1;
NOTICE TO R2 IS SERVED)
-2-
NC: 2025:KHC-D:2233
CRL.A No. 100015 of 2025
THIS CRIMINAL APPEAL IS FILED U/S 14 A(2) OF SC AND ST
ACT 1989, R/W 439 OF CR.P.C. (483 OF BNSS), PRAYING TO SET
ASIDE THE ORDER DATED 31.12.2024 PASSED BY THE COURT OF
THE ADDL.DISTRICT AND SESSIONS JUDGE, AT KOPPAL, (SITTING
AT GANGAVATI) IN SPL.C. SC/ST NO.91/2024 AND CONSEQUENTLY
ALLOW THE PRESENT CRIMINAL APPEAL BY ENLARGING THE
APPELLANTS/ACCUSED NOS 1 AND 2 ON REGULAR BAIL ON SUCH
TERMS AND CONDITIONS AS DEEMED FIT IN GANGAVATHI TOWN
P.S. CRIME NO.147/2024 REGISTERED FOR THE OFFENCES
PUNISHABLE U/S 103(1), 352, 351(3), 3(5) OF BNS 2023 AND
SECTION 3(1)(r), 3(1)(s), 3(2)(va) AND 3(2)(v) OF THE SCHEDULED
CASTES AND THE SCHEDULED TRIBES (PREVENTION OF
ATROCITIES) AMENDMENT ACT, 2015, IN SO FAR AS PRESENT
APPELLANTS/ACCUSED NO.1 AND 2 ARE CONCERNED.
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 appellants/accused have been charge-sheeted for
offenses punishable under Sections 103(1), 352, 351(3), and 3(5)
of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Sections 3(1)(r),
3(1)(s), 3(2)(va), and 3(2)(v) of the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.
2. The prosecution's case is that a complaint was lodged
on 18.09.2024. Subsequently, the complainant filed a First
Information Report (FIR) on 27.09.2024, alleging that her son was
murdered by Accused Nos. 1 and 2. The complainant later learned
that on 17.09.2024, at about 9:00 a.m., the accused came near her
house searching for Kannaiah. As Kannaiah was not present at
home, the accused allegedly abused him, his mother, and his wife
NC: 2025:KHC-D:2233
using filthy language and caste-based insults. At that time, one
Hanumantha, a neighbor of the complainant, intervened and
pacified the situation.
3. Later that same day, between 10:30 p.m. and 11:00
p.m., in front of the gate of the Government School in the village,
the accused allegedly assaulted the deceased Kannaiah. When
one Basha attempted to intervene, the accused abused him and
forced him to leave. The accused then allegedly took Kannaiah
inside the school compound. The complainant later learned through
Basha that the accused had murdered her son Kannaiah.
4. Heard the learned counsel for the petitioners and the
learned Additional Government Advocate for respondent No.1-
State.
5. Initially, on 18.09.2024, the complainant lodged a
report regarding the unnatural death of her son. The prosecution
alleges that CW-9, who allegedly witnessed the accused assaulting
the deceased on 17.09.2024, informed the complainant about the
incident in front of the Government School. Based on this
information, the complainant lodged the FIR on 27.09.2024,
alleging that the accused took the deceased inside the school
compound and murdered him.
6. The entire case of the prosecution is based on
circumstantial evidence, which will have to be proved during the
trial. The petitioners have been prosecuted primarily based on the
NC: 2025:KHC-D:2233
statements of CWs-8 and 9, who allegedly saw the accused with
the deceased on the date of the incident.
7. In light of these circumstances, and considering that
the police have already conducted an investigation and submitted
the charge sheet, the accused are not required for further
interrogation. Therefore, the appellants have made out a prima
facie case for grant of bail. Accordingly, I pass the following:
ORDER
Criminal appeal is allowed. The appellants-accused are
enlarged on bail in Crime No.147/2024 registered by Gangavathi
Town Police Station, for the offences punishable under Sections
103(1), 352, 351(3), 3(5) of Bharatiya Nyaya Sanhita, 2023 (BNS)
and Section 3(1)(r), 3(1)(s), 3(2)(va) and 3(2)(v) of Scheduled
Castes and Scheduled Tribes (prevention of Atrocities)
Amendment Act, 2015, pending on the file of Additional District
and Sessions Judge, Koppal, (Sitting at Gangavathi), subject to the
following conditions:
a. Appellants-accused shall furnish his personal bond
for a sum of Rs.1,00,000/- (Rupees one lakh only)
each with one surety for the likesum to the
satisfaction of the jurisdictional Court.
b. They shall appear before the Court as and when
summoned.
c. They shall not threaten or allure the prosecution
witnesses in whatsoever manner.
NC: 2025:KHC-D:2233
d. They shall not get involved in similar offences.
e. They shall not leave the territorial limits of the Trial
Court without prior permission of the Trial Court.
Sd/-
(HEMANT CHANDANGOUDAR)
JUDGE
AC
Ct:vh
