Karnataka High Court
Suresh Alias Suri vs The State Of Karnataka on 20 February, 2025
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
-1-
NC: 2025:KHC-D:3459
CRL.A No. 100071 of 2025
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 20TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL APPEAL NO.100071 OF 2025 (U/S 14 A(2) of SC and ST ACT)
BETWEEN:
1. SURESH @ SURI,
S/O. KRISHNAPPA @ KRISHNA ADIN,
AGE. 21 YEARS,
OCC. COOLIE,
R/O. WARD NO.1,
SANGAPUR,
TQ. GANGAVATHI,
DIST. KOPPAL-583231.
2. PRADEEP,
S/O. KRISHNAPPA @ KRISHNA ADIN
AGE. 19 YEARS,
OCC. COOLIE,
R/O. WARD NO.1,
SANGAPUR,
TQ. GANGAVATHI,
Digitally signed by B
K
MAHENDRAKUMAR DIST. KOPPAL-583231.
BK Location: HIGH
MAHENDRAKUMAR COURT OF
KARNATAKA
DHARWAD BENCH
Date: 2025.02.21
11:38:46 +0530 3. MAHESH @ L. MAHESHKUMAR,
S/O. SHANKAR CHAVAN,
AGE. 19 YEARS, OCC. COOLIE,
R/O. WARD NO.30,
VIRUPAPUR TANDA,
BHETEAL SCHOOL, TQ. GANGAVATHI,
DIST. KOPPAL-583231.
...APPELLANTS
(BY SRI. B.C.JNANAYYA SWAMI, ADVOCATE)
-2-
NC: 2025:KHC-D:3459
CRL.A No. 100071 of 2025
AND:
1. THE STATE OF KARNATAKA
(THROUGH GANGAVATHI RURAL P.S.)
R/BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENCH AT DHARWAD-590001.
2. SRI. MANJUNATH,
S/O. MARTHANDAPPA,
AGE. 29 YEARS, OCC. MASON,
R/O. WARD NO.1,
SANGAPUR,
TQ. GANGAVATHI,
DIST. KOPPAL-583231.
3. SRI. SIDDAPPA,
S/O. MARTHANDAPPA,
AGE. 27 YEARS, OCC, LABOURER,
R/O. SANGAPUR VILLAGE,
TQ. GANGAVATHI,
DIST. KOPPAL-583231.
...RESPONDENTS
(BY SRI. T.HANUMAREDDY, AGA FOR R1)
(NOTICE TO R2 AND R3 ARE SERVED)
THIS CRIMINAL APPEAL IS FILED U/SEC. 14A(2) OF SC/ST
ACT, SEEKING TO, ALLOW THIS APPEAL AND SET ASIDE THE
ORDER DATED 15.01.2025 PASSED BY ADDL. DISTRICT AND
SESSIONS JUDGE KOPPAL SITTING AT GANGAVATHI IN CRIME
NO. 298/2024 AND ENALRGE THE APPELLANTS ON REGULAR BAIL
IN CRIME NO. 298/2024 REGISTERED BY GANGAVATHI RURAL
POLICE STATION, FOR THE OFFENCES U/SEC. 189(2), 191(2),
126(2), 115(2), 118(1), 109, 310(2) R/W 190 OF BNSS 2023 AND SEC.
3(1)(r), 3(1)(s), 3(2)(v-a) OF SC AND ST ACT 2015 PENDING
INVESTIGATION AND TRIAL OF THE CASE.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
-3-
NC: 2025:KHC-D:3459
CRL.A No. 100071 of 2025
CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
ORAL JUDGMENT
1. The appeal is filed by accused Nos. 7 to 9 under
Section 14A(2) of the Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989, seeking regular bail.
2. A First Information Report (FIR) was registered for
offences punishable under Sections 189(2), 191(2), 126(2), 115(2),
118(1), and 109 read with Section 190 of the Bharatiya Nyaya
Sanhita, 2023, and Sections 3(1)(r), 3(1)(s), and 3(2)(va) of the
Scheduled Castes and the Scheduled Tribes (Prevention of
Atrocities) Act, 1989. The prosecution alleges that on 28.12.2024,
at about 9:00 p.m., the brother of the informant and his friend were
at Gangavathi Bus Stand to drop off their relatives in the auto of
one Mehaboob. Later, at about 11:00 p.m., the auto driver,
Mehaboob, informed the informant over the phone that the accused
persons were assaulting his brother near Spoorthi College at
Sainagar. Upon receiving the information, the informant and his
friend went to the scene and found that his brother, Siddappa, had
sustained bleeding injuries on his face and head. On inquiry, it was
revealed that the accused had arrived in a white car and on four
motorcycles, intercepted the auto, and engaged in a quarrel with
Siddappa over previous enmity. It is further alleged that accused
No. 1 assaulted the informant's brother on the face and head with a
beer bottle with an intent to murder, accused No. 2 assaulted him
on the face and attempted to stab him in the stomach with a knife,
NC: 2025:KHC-D:3459
and the other accused assaulted him with their hands and also
snatched his mobile phone.
3. Heard the learned counsel for the appellants and the
learned Additional Government Advocate for the respondent No. 1
(State).
4. The allegation of assaulting the informant's brother on
the face and head with a beer bottle is directed against accused
No. 1, whereas the allegation against appellants/accused Nos. 7 to
9 is that they assaulted him with their hands. The injured party,
after receiving treatment, has been discharged from the hospital.
The articles used in the commission of the crime have been seized,
and the appellants are not required to undergo further custodial
interrogation.
5. In view of the foregoing, the appellants have made out
a prima facie case for regular bail.
ORDER
i) Criminal Appeal is allowed. The order dated 15.01.2025
passed in Crime No.298/2024 by the Additional District &
Sessions Judge, Koppal, Sitting at Gangavathi, dismissing the
bail application of the appellants/accused Nos.7 to 9 is set
aside.
ii) The appellants/accused Nos.7 to 9 are enlarged on bail in
Crime No.298/2024, registered by the Gangavathi Rural
NC: 2025:KHC-D:3459
Police Station, Gangavathi Sub-Division, Koppal, subject to
the following conditions:
(a) Each of the appellants/accused Nos.7 to 9 shall furnish a
personal bond for a sum of Rs.1,00,000/- with one surety
for the likesum to the satisfaction of the jurisdictional
Court.
(b) They shall appear before the Court as and when
required.
(c) They shall not threaten or allure the prosecution
witnesses in whatsoever manner.
(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.
Pending I.As., if any, do not survive for consideration and are
disposed of accordingly.
Sd/-
(HEMANT CHANDANGOUDAR)
JUDGE
KMS
Ct:vh
