Karnataka High Court
Shyamid Sab S/O Husen Sab vs The State Of Karnataka on 25 February, 2025
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2025:KHC-D:3782
CRL.A No. 100091 of 2025
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 25TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL APPEAL NO. 100091 OF 2025 (U/S 14 A(2) of SC & ST ACT)
BETWEEN:
1. SHYAMID SAB S/O. HUSEN SAB
AGE. 42 YEARS, OCC. COOLIE,
R/O. WARD NO.10, SHARNABASAVESHWARA
NAGARA, GANGAVATHI,
TQ. GANGAVATHI, DIST. KOPPAL-583227.
2. JAFAR SAB S/O. HONNUR SAB
AGE. 24 YEARS, OCC. BUSINESS,
R/O. WARD NO.10, SHARNABASAVESHWARA
NAGARA, GANGAVATHI,
TQ. GANGAVATHI, DIST. KOPPAL-583227.
3. MAHEBOOB S/O. HUSEN BASHA
AGE. 19 YEARS, OCC. BUSINESS,
R/O. WARD NO.10, SHARNABASAVESHWARA
CAMP, ASHRAYA COLONY,
TQ. GANGAVATHI, DIST. KOPPAL-583227.
4. MAHEBOOD @ BUDDA S/O. KHASIM SAB
Digitally signed by B
K
AGE. 20 YEARS, OCC. BUSINESS,
MAHENDRAKUMAR
Location: HIGH R/O. WARD NO.10, SHARNABASAVESHWARA
COURT OF
KARNATAKA CAMP, ASHRAYA COLONY,
DHARWAD BENCH
Date: 2025.02.25
18:00:12 +0530
TQ. GANGAVATHI, DIST. KOPPAL-583227.
5. LAXSHMANA S/O. MADDANEPPA
AGE. 24 YEARS, OCC. BUSINESS,
R/O. WARD NO.10, SHARNABASAVESHWARA
CAMP, ASHRAYA COLONY,
TQ. GANGAVATHI, DIST. KOPPAL-583227.
6. KANAKARAYA S/O. MADDANEPPA
AGE. 27 YEARS, OCC. BUSINESS,
R/O. WARD NO.10, SHARNABASAVESHWARA
CAMP, ASHRAYA COLONY,
TQ. GANGAVATHI, DIST. KOPPAL-583227.
...APPELLANTS
(BY SRI. B.C.JNANAYYA SWAMI, ADVOCATE)
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NC: 2025:KHC-D:3782
CRL.A No. 100091 of 2025
AND:
1. THE STATE OF KARNATAKA
(THROUGH GANGAVATHI RURAL P.S.),
REPRESENTED BY ITS
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENCH AT DHARWAD-580011.
2. ANJANEYA S/O. DURAGAPPA BHOVI
AGE. 29 YEARS, OCC. AGRICULTURIST,
R/O. GONAL VILLAGE, TQ. GANGAVATHI,
DIST. KOPPAL-583231.
3. SHANA W/O. ANJANEYYA BHOVI
AGE. 23 YEARS, OCC. AGRICULTURIST,
R/O. GONAL VILLAGE, TQ. GANGAVATHI,
DIST. KOPPAL-583231.
4. HANUMANTAPPA S/O. DURAGAPPA BHOVI
AGE. 45 YEARS, OCC. AGRICULTURIST,
R/O. GONAL VILLAGE, TQ. GANGAVATHI,
DIST. KOPPAL-583231.
...RESPONDENTS
(BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1;
NOTICE TO R2 TO R4 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 05.02.2025 PASSED BY ADDL. DISTRICT AND
SESSIONS JUDGE KOPPAL SITTING AT GANGAVATHI IN CRIMINAL
MISC NO.21/2025 AND ENLARGE THE APPELLANTS ON
ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN CRIME
NO. 20/2025 REGISTERED BY GANGAVTHI RURAL POLICE
STATION, FOR THE OFFENCES U/SEC. 189(2), 191(2), 352, 351(2)
74, 115(2), 190, OF BNS 2023 AND SEC. 3(1)(r), 3(1)(s), 3(2)(va) OF
SC AND ST ACT 1989.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
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NC: 2025:KHC-D:3782
CRL.A No. 100091 of 2025
ORAL JUDGMENT
1. The appellants/accused who are facing trial for the
offences punishable under Sections 189(2), 191(2), 352, 351(2) 74,
115(2), 190, of Bharatiya Nyaya Sanhita (BNS) 2023 and
Sections 3(1)(r), 3(1)(s), 3(2)(va) of the Scheduled Caste and
Scheduled Tribes (Prevention of Atrocities) Act, are before this
Court seeking anticipatory bail.
2. The FIR was registered stating that while the
complainant and his elder brother were cultivating the land with the
help of a tractor, and after completing their work, as they were
taking their tractor onto the road, the appellant/accused No.1,
Shamidsab, approached from the opposite direction in his auto.
The elder brother of the complainant gestured for the auto driver to
stop so that they could move their tractor forward. In response, the
auto driver, Shamidsab, became enraged, picked a quarrel with
them, abused them in filthy language, and assaulted them. When
his wife, Sahana, came to pacify the situation, all the accused
persons arrived, assaulted and kicked the complainant, and
abused him by referring to his caste; additionally, Accused Jafar
and Budda dragged his wife by the hand and saree. However, one
Hanumesh and others then came and pacified the incident.
3. Heard the learned counsel for the appellants and the
learned Additional Government Advocate for respondent No.1
(State).
4. The appellants have annexed a copy of the FIR dated
20.01.2025, registered in Crime No.20/2025 against the
NC: 2025:KHC-D:3782
complainant and his family members for offences punishable under
Sections 189(2), 191(2), 352, 351(2), 74, 115(2), and 190 of BNS
2023, and Sections 3(1)(r), 3(1)(s), and 3(2)(va) of the Scheduled
Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Case and counter-case have been filed in relation to the same
incident. The appellants and the complainant reside in different
villages and are not known to each other. Therefore, whether the
allegation that the appellants abused the complainant by referring
to his caste raises a doubt is a matter that requires investigation.
5. In such circumstances, appellants/Accused Nos.1 to 6
have made out a prima facie case for the grant of anticipatory bail.
Accordingly, I proceed to pass the following:
ORDER
a. The appeal is allowed.
b. The appellants/accused Nos.1 to 6 are enlarged on
anticipatory bail, in the event of their arrest, in Crime
No.20/2023, registered by Gangavathi Rural Police Station, for
the offences punishable under Sections 189(2), 191(2), 352,
351(2) 74, 115(2), 190, of BNS 2023 and Sections 3(1)(r),
3(1)(s), 3(2)(va) of Scheduled Caste and Scheduled Tribes
(Prevention of Atrocity) Act, subject to following conditions:
i. Appellants/accused Nos.1 to 6 shall furnish personal
bond for a sum of Rs.50,000/- each with one surety
for the likesum to the satisfaction of the jurisdictional
Court.
NC: 2025:KHC-D:3782
ii. They shall appear before the Investigating officer
within a period of 15 days and execute bail bond and
offer surety.
iii. They shall make themselves available for the purpose
of investigation as and when required and he shall co-
operate with the investigation.
iv. They shall furnish their residential address proof and
shall inform the investigating officer/Court, if there is
any change in the address.
v. They shall mark their attendance at the jurisdictional
Police station once in 15 days till filing of the charge
sheet.
vi. They shall not tamper with the prosecution witnesses
either directly or indirectly.
vii. They shall be regular in attending the Court
proceedings.
Sd/-
(HEMANT CHANDANGOUDAR)
JUDGE
AC
CT:VH
