Karnataka High Court
Huligeppa S/O. Duragappa Ballari vs The State Of Karnataka on 12 February, 2025
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
-1-
NC: 2025:KHC-D:2731
CRL.A No. 100037 of 2025
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 12TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL APPEAL NO. 100037 OF 2025 (U/S 14 A(2) of SC & ST ACT)
BETWEEN:
1. HULIGEPPA S/O. DURAGAPPA BALLARI
AGE. 60 YEARS, OCC. AGRICULTURE,
R/O. 3RD CROSS, GOLLAR COLONY,
M J NAGAR, DHARWAD.
2. KUMAR @ KRISHNAKUMAR
S/O. BHEEMAPPA GOLLAR,
AGE. 25 YEARS, OCC. COOLIE,
R/O. GOLLAR COLONY, 1ST CROSS,
MRUTYUNAJAYA NAGAR, DHARWAD.
3. VITTAL S/O. HULIGEPPA BALLARI,
AGE. 34 YEARS, OCC. COOLIE,
R/O. 3RD CROSS, GOLLAR COLONY,
M J NAGAR, DHARWAD.
4. MANIKANTH S/O. BHEEMAPPA GOLLAR
Digitally signed by B
AGE. 27 YEARS, OCC. SECURITY GUARD,
K
MAHENDRAKUMAR
R/O. GOLLAR COLONY, 1ST CROSS,
Location: HIGH
COURT OF
MRUTYUNAJAYA NAGAR, DHARWAD.
KARNATAKA
DHARWAD BENCH ...APPELLANTS
Date: 2025.02.13
10:44:37 +0530 (BY SRI. K.M.SHIRALLI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY DHARWAD TOWN POICE,
THROUGH ASSISTANT COMMISSIONER OF POLICE,
SUB-DIVISION DHARWAD,
R/BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENCH DHARWAD.
2. SMT. DURGAVVA W/O. RAJU MUDHOL,
-2-
NC: 2025:KHC-D:2731
CRL.A No. 100037 of 2025
AGE. 40 YEARS, OCC. HOUSEWIFE,
R/O. GOLLAR COLONY, 1ST CROSS,
SAUNDATTI ROAD, DHARWAD-580006.
...RESPONDENTS
(BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1;
SRI. A.A.PATHAN, ADV. FOR R2)
THIS CRIMINAL APPEAL IS FILED U/S 14 A(2) OF SC AND ST
(POA) ACT 1989, PRAYING TO, SET ASIDE THE ORDER PASSED BY
THE II ADDL.DISTRICT AND SESSIONS JUDGE, DHARWAD AND
SPECIAL COURT OF TRIAL OF THE OFFENCES UNDER THE
POCSO ACT AND SC AND ST (POA) ACT DATED 10.01.2025 AND
RELEASE THESE APPELLANTS/ACCUSED NO.1 TO 4 ON BAIL IN
DHARWAD TOWN P.S. CRIME NO.1/2025 REGISTERED FOR THE
OFFENCES PUNISHABLE U/S 3(1)(r), 3(1)(s), 3(2)(5a) OF SCHEDULE
CASTE AND SCHEDULE TRIBES (PREVENTION OF ATROCITIES)
AMENDMENT ORDINANCE 2014 AND U/S 109, 115(2), 118(1), 126(2),
190, 351(2), 351(3), 352 AND 74 OF BHARATIYA NYAYA SANHITA,
(BNS) 2023, PENDING ON THE FILE AS OF THE HON'BLE COURT.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL JUDGMENT
This appeal under Section 14A(2) of the Scheduled Castes
and Scheduled Tribes (Prevention of Atrocities) Act, 1989, is filed
by accused Nos.1 to 4 seeking their enlargement on regular bail.
2. Respondent No.2 has lodged a First Information
Report (FIR) stating that she belongs to a Scheduled Caste
community. According to the complaint, on 01.01.2025 at 5:00
P.M., accused No.1 had stored sand, bricks, and other building
materials in front of his under-construction building and also parked
a tractor on the public road, thereby causing obstruction to free
movement. When Anand, a relative of the complainant, was driving
NC: 2025:KHC-D:2731
his auto-rickshaw, he requested accused No.1 to clear the
obstruction. Accused No.1, enraged by this, allegedly abused
Anand in filthy language.
Upon hearing the altercation, accused Nos.2 to 7 arrived at the
scene and allegedly abused Anand with reference to his caste in
filthy language. Subsequently, the complainant, her husband, her
son, and other relatives came to the spot to pacify the quarrel. At
that time:
• Accused No.2, with the intent to kill the complainant's
husband, allegedly assaulted him on the left side of his head with
an iron rod, causing bleeding injuries.
• Accused No.3 allegedly dashed the head of the
complainant's son against his nose, causing injuries.
• Accused No.4 allegedly assaulted Anand with bricks
on his right hand, causing injuries.
• Accused No.1 allegedly caught hold of the
complainant's relative, while accused No.5 allegedly punched him
on the chest.
• Accused Nos.6 and 7 allegedly dragged Pooja, a
relative of the complainant, by holding her hands, attempted to
outrage her modesty, and issued threats to her life.
3. Heard the learned counsel for the appellants, the
learned Additional Government Advocate for respondent No.1-
State, and the learned counsel for respondent No.2.
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4. The injured persons, after receiving treatment, have
been discharged from the hospital. The weapons allegedly used in
the assault have been recovered by the Police. Accused Nos.5 to
7, against whom allegations of outraging modesty and caste-based
abuse have been made, have already been enlarged on bail. The
appellants (accused Nos.1 to 4) are not required for further
custodial interrogation, as recovery has been completed.
5. Considering the overall circumstances, the appellants
have made out a prima facie case for grant of bail. Accordingly, I
pass the following:
ORDER
i. The appeal is allowed.
ii. The impugned order dated 10.01.2025 passed by the
II Additional District and Sessions Judge Dharwad and
Special Court in Dharwad Town Police Station Crime
No.01/2025 is set aside.
iii. Appellants/accused Nos.1 to 4 are enlarged on bail in
relation to Crime No.01/2025 registered by Dharwad
Town Police Station, for the offences punishable
under Sections 3(1)(r), 3(1)(s), 3(2)(va) of the SC/ST
(POA) Amendment Ordinance 2014 and Section 109,
115(2), 118(1), 126(2), 190, 351(2) and 74 of the
Bharatiya Nyaya Sanhita (BNS), 2023 subject to the
following conditions:
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i. Appellants/accused Nos.1 to 4 shall furnish a
personal bond for a sum of Rs.1 lakh each with one
surety for the likesum to the satisfaction of the
jurisdictional Court.
ii. They shall appear before the Court as and when
summoned.
iii. They shall not threaten or allure the prosecution
witnesses in whatsoever manner.
iv. they shall not leave the territorial limits of the Trial
Court without prior permission of the Trial Court.
Sd/-
(HEMANT CHANDANGOUDAR)
JUDGE
AC
