Shri Sharanappa S/O. Ninganagouda ... vs The State Of Karnataka
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Karnataka High Court

Shri Sharanappa S/O. Ninganagouda ... vs The State Of Karnataka on 6 January, 2025

Author: Hemant Chandangoudar

Bench: Hemant Chandangoudar

                                                            -1-
                                                                         NC: 2025:KHC-D:45
                                                                  CRL.A No. 100678 of 2024




                                      IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
                                          DATED THIS THE 6TH DAY OF JANUARY, 2025
                                                         BEFORE
                                      THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
                                  CRIMINAL APPEAL NO. 100678 OF 2024 (U/S 14 A(2) OF SC
                                                       AND ST ACT)
                                 BETWEEN:

                                 SHRI. SHARANAPPA
                                 S/O. NINGANAGOUDA SANNAGOUDRA,
                                 AGED 34 YEARS, OCC: DRIVER,
                                 R/O: MADLUR VILLAGE, TQ: YELBURGA,
                                 DIST: KOPPAL-583 230.
                                                                            ... APPELLANT
                                 (BY SRI. SABEEL AHMED, ADVOCATE)

                                 AND:

                                 1.    THE STATE OF KARNATAKA,
                                       R/BY YELBURGA POLICE STATION,
                                       NOW BY SPP, DHARWAD BENCH,
                                       DHARWAD-580 008.

           Digitally signed by   2.  SHRI. MUTTAPPA
           MOHANKUMAR B
           SHELAR                    S/O. HANAMAPPA VADDAR,
           Location: HIGH
MOHANKUMAR COURT OF
B SHELAR   KARNATAKA
                                     AGE: 50 YEARS, OCC: LABOURER,
           DHARWAD
           BENCH                     R/O: VAJRABANDI VILLAGE, TQ: YELBURGA,
           Date: 2025.01.08
           10:30:17 +0530            DIST: KOPPAL-583 236.
                                                                       ... RESPONDENTS
                                 (BY SRI. T. HANUMAREDDY, AGA FOR R1;
                                    R2-SERVED BUT UNREPRESENTED)

                                      THIS CRIMINAL APPEAL IS FILED U/S 14 (A)(2) OF SC
                                 AND ST ACT 1989, PRAYING TO ALLOW THIS APPEAL AND
                                 SET ASIDE THE ORDER DATED 03.12.2024 PASSED BY
                                 PRINCIPAL DISTRICT AND SESSIONS AND SPECIAL JUDGE,
                                 KOPPAL IN CRIME NO.169/2024 OF YELBURGA POLICE
                                 STATION, FOR THE OFFENCES PUNISHABLE U/S 137(2),
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                                                 NC: 2025:KHC-D:45
                                       CRL.A No. 100678 of 2024




127(2), 49, 352 R/W 3(5) OF B.N.S. AND SECTION 3(1)(R),
3(1)(S) OF SC/ST (PA) AMENDMENT ORDINANCE-2014 AND
ENLARGE THIS APPELLANT/ACCUSED NO.2 ON REGULAR
BAIL, IN THE INTEREST OF JUSTICE.

    THIS APPEAL IS COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: THE HON'BLE MR JUSTICE HEMANT
       CHANDANGOUDAR

                         ORAL JUDGMENT

1. This appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is filed by accused No. 2 seeking regular bail.

2. Respondent No. 2/complainant, though served with notice, has remained absent. In the complaint filed in relation to Crime No. 165/2024, the complainant alleged that accused Nos. 3 to 5 instigated accused Nos. 1 and 2 to abduct and confine him at a stone crusher unit. Accordingly, the complainant was allegedly abducted on 16.11.2024 by accused Nos. 1 and 2 and confined in Stone Crusher Unit-2 located on Bandi Road. During the confinement, the complainant was allegedly abused in filthy language with reference to his caste. The complainant stated that he informed his son about the abduction over the phone, and at about 4:00 p.m., his wife, with the assistance of the police, rescued him.

3. Heard the learned counsel for the appellant and the learned Additional Government Advocate (AGA) for the respondent/State.

NC: 2025:KHC-D:45

4. The appellant has been in judicial custody since 16.11.2024. There are no independent eyewitnesses to the alleged incident, and the case rests solely on the self-serving statement of the complainant. The statements of the complainant and other alleged witnesses have been recorded under Section 180 of the BNSS Act, 2023. As such, the contention that accused Nos. 1 and 2 threatened the complainant or the witnesses is unsubstantiated.

5. In light of the above, the appellant has established a prima facie case for being granted bail.

6. Accordingly, I proceed to pass the following:

ORDER a. The appeal is allowed;

b. The appellant/accused No.2 is enlarged on bail in relation to Crime No.169/2024 registered by Yelburga Police Station, for the offences punishable under Sections 3(1)(r) & (s) of the SC/ST(POA) Act and Sections 127(2), 137(2), 3(5), 352 read with Section 49 of BNS Act, 2023, subject to the following conditions:

i. Appellant/accused No.2 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 required.

iii. He shall not threaten or allure the prosecution witnesses in whatsoever manner. iv. He shall not get involved in similar offences.

NC: 2025:KHC-D:45

v. He shall not leave the territorial limits of the Trial Court without prior permission of the Trial Court.

Sd/-

(HEMANT CHANDANGOUDAR) JUDGE JTR CT:BCK