Karnataka High Court
Kumar S/O Tippanna Hullikeri Alias ... vs The State Of Karnataka on 6 January, 2025
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2025:KHC-D:43
CRL.A No. 100609 of 2024
C/W CRL.A No. 100691 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.100609 OF 2024 (U/S 14 A (2) OF SC
AND ST ACT)
C/W
CRIMINAL APPEAL NO. 100691 OF 2024
IN CRL.A. NO. 100609 OF 2024:
BETWEEN:
1. SHAHAJI @ SAMBHAJI
S/O. SHIVAJIRAO PAWAR,
AGE: 35 YEARS, OCC: AGRICULTURE,
R/AT: MUSEUM ROAD, KILLA ONI,
BADAMI, TQ: BADAMI,
DIST: BAGALKOT-586 118.
2. RAVI S/O. PARASAPPA
@ BASAPPA VADDAR,
AGE: 30 YEARS, OCC: COOLIE,
R/AT: BELUR, TQ: BADAMI,
Digitally signed by DIST: BAGALKOT-587 114.
MOHANKUMAR B
SHELAR ... APPELLANTS
Location: HIGH
MOHANKUMAR COURT OF
B SHELAR KARNATAKA
(BY SRI. GOURI SHANKAR MOT, ADVOCATE)
DHARWAD
BENCH
Date: 2025.01.08
10:29:59 +0530 AND:
1. THE STATE OF KARNATAKA,
BADAMI POLICE STATION, BADAMI,
REP. BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, DHARWAD.
2. SHEKAPPA S/O MALLAPPA DODDAMANI,
AGE: 27 YEARS, OCC: LABOURER,
R/AT: BADAMI RAILWAY STATION,
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NC: 2025:KHC-D:43
CRL.A No. 100609 of 2024
C/W CRL.A No. 100691 of 2024
TQ: BADAMI, DIST: BAGALKOT-587 201.
3. RAMACHANDARA S/O HANAMANT MUTTAGAR,
AGE: 29 YEARS, OCC: LABOURER,
R/AT: BADAMI RAILWAY STATION,
TQ: BADAMI, DIST: BAGALKOT-587 201.
4. HANAMANT S/O RAMANNA TALIKOTI,
AGE: 36 YEARS, OCC: LABOURER,
R/AT: BADAMI RAILWAY STATION,
TQ: BADAMI, DIST: BAGALKOT-587 201.
... RESPONDENTS
(BY SRI. T. HANUMAREDDY, AGA FOR R1;
R2 TO R4-SERVED BUT UNREPRESENTED)
THIS CRIMINAL PETITION IS FILED U/SEC. 14 A (2) OF
SC/ST POA ACT, 2015, PRAYING TO ALLOW THE APPEAL AND
SETTING ASIDE THE ORDER DATED: 05.11.2024 AS
ATTACHED IN BADAMI POLICE STATION CRIME NO. 180/2024
PENDING ON THE FILES OFII ADDITIONAL DISTRICT AND
SESSIONS JUDGE, AT: BAGALKOT FOR THE OFFENCES
PUNISHABLE U/SECS. 189(2), 191(2), 191(3), 115(2), 118(1),
109(1), 126(2), 352, 351(2) R/W SEC. 190 OF BNS, 2023 AND
SECS. 3(1)(R)(S), 3(2)(V) OF S.C/ST (P.O.A.) AMENDMENT ACT,
2015 AND TO ENLARGE THE APPELLANT/ACCUSED NO.1 AND
3 ON BAIL, IN THE INTEREST OF JUSTICE.
IN CRL.A. NO. 100691 OF 2024:
BETWEEN:
KUMAR S/O TIPPANNA HULLIKERI @ GANIGER,
AGE: 38 YEARS, OCC: COOLIE,
R/AT: MUSEUM ROAD, KILLA ONI,
BADAMI, TQ: BADAMI,
DIST: BAGALKOT-586 118.
... APPELLANT
(BY SRI. HIRANKUMAR J. PATEL, ADVOCATE)
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CRL.A No. 100609 of 2024
C/W CRL.A No. 100691 of 2024
AND:
1. THE STATE OF KARNATAKA,
BADAMI POLICE STATION, BADAMI,
REP. BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, DHARWAD.
2. SHEKAPPA S/O MALLAPPA DODDAMANI,
AGE: 27 YEARS, OCC: LABOURER,
R/AT: BADAMI RAILWAY STATION,
TQ: BADAMI, DIST: BAGALKOT-587 201.
3. RAMACHANDARA S/O HANAMANT MUTTAGAR,
AGE: 29 YEARS, OCC: LABOURER,
R/AT: BADAMI RAILWAY STATION,
TQ: BADAMI, DIST: BAGALKOT-587 201.
4. HANAMANT S/O RAMANNA TALIKOTI,
AGE: 36 YEARS, OCC: LABOURER,
R/AT: BADAMI RAILWAY STATION,
TQ: BADAMI, DIST: BAGALKOT-587 201.
... RESPONDENTS
(BY SRI. T. HANUMAREDDY, AGA FOR R1)
THIS CRIMINAL PETITION IS FILED U/SEC. 14 A (2) OF
SC/ST POA ACT, 2015, PRAYING TO ALLOW THE APPEAL AND
SETTING ASIDE THE ORDER DATED: 12.12.2024 AS
ATTACHED IN BADAMI POLICE STATION CRIME NO. 180/2024
PENDING ON THE FILES OF II ADDITIONAL DISTRICT AND
SESSIONS JUDGE, AT: BAGALKOT FOR THE OFFENCES
PUNISHABLE U/SECS. 189(2), 191(2), 191(3), 115(2), 118(1),
109(1), 126(2), 352, 351(2) R/W SEC. 190 OF BNS, 2023 AND
SECS. 3(1)(R)(S), 3(2)(V) OF S.C ST (P.O.A.) AMENDMENT ACT,
2015 AND TO ENLARGE THE ACCUSED NO.2/ APPELLANT ON
BAIL, IN THE INTEREST OF JUSTICE.
THESE APPEALS ARE COMING ON FOR ORDERS, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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CRL.A No. 100609 of 2024
C/W CRL.A No. 100691 of 2024
CORAM: THE HON'BLE MR JUSTICE HEMANT
CHANDANGOUDAR
ORAL JUDGMENT
Accused Nos. 1 to 3, who are facing charges under Sections
115(2), 118(1), 109(1), 126(2), 352, and 351(2) read with Section
3(5) of the BNS Act, 2023, and Sections 3(1)(r), 3(1)(s), and 3(2)(v)
of the SC/ST (Prevention of Atrocities) Amendment Act, 2015, have
filed this appeal under Section 14(A)(2) of the SC/ST (POA) Act,
1989 seeking bail.
2. The prosecution's case is that, on 06.10.2024 at about
1:10 p.m., when the complainant was at the vegetable market,
accused No. 1 approached him in a car and honked, asking the
complainant to move aside. The complainant responded that he
was already standing by the side of the road. Enraged by this,
accused No. 1 allegedly abused the complainant in filthy language,
pushed him to the ground, assaulted him, and threatened to kill
him.
Later, on the same day, at about 7:15 p.m., when the complainant
and witnesses went to Badami Government Hospital for treatment,
accused No. 1, with the intent to kill, allegedly threw a barricade at
the complainant, causing injuries to his waist and head. Accused
Nos. 2 and 3 are alleged to have restrained the complainant, and
accused Nos. 1 and 2 purportedly caused him to fall and pressed
his neck with their legs, attempting to strangle him. Additionally, 4-5
other unidentified persons allegedly supported the accused and
NC: 2025:KHC-D:43
restrained the complainant and witnesses, assaulting them with
deadly weapons and causing injuries.
3. Heard the learned counsel for the appellants and the
learned Additional Government Advocate (AGA) for the
respondent/State.
4. Upon perusal of the charge sheet, it is observed that
the complainant has allegedly sustained simple injuries. There is
no prima facie evidence to substantiate that the appellants abused
the complainant with reference to his caste, as required to invoke
the provisions of the SC/ST (POA) Act. The appellants have been
in judicial custody for three months, and their further interrogation is
not necessary as the investigation is complete, and the final report
has been submitted to the jurisdictional trial court.
Therefore, the appellants have established a prima facie case for
being enlarged on bail. Accordingly, I proceed to pass the
following:
ORDER
a. The appeals are allowed;
b. The appellants/accused Nos.1 to 3 are enlarged on bail in
Crime No.180/2024, registered by Badami Police Station, pending
on the file of II Addl. District & Sessions Judge, Bagalkote for the
offences punishable under Sections 115(2), 118(1), 109(1), 126(2),
352, 351(2) read with Section 3(5) of BNS Act, 2023 and Sections
3(1)(r) & (s), 3(2)(v) of the SC/ST (Prevention of Atrocities)
Amendment Act, 2015, subject to following conditions:
NC: 2025:KHC-D:43
i. Appellants/accused Nos.1 to 3 shall furnish
indemnity 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
required.
iii. They shall not threaten or allure the prosecution
witnesses in whatsoever manner.
iv. They shall not get involved in similar offences.
v. They shall not leave the territorial limits of the Trial
Court without prior permission of the Trial Court.
Sd/-
(HEMANT CHANDANGOUDAR)
JUDGE
JTR
CT:BCK
