Karnataka High Court
Prema @ Premakumar vs The State on 6 November, 2025
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NC: 2025:KHC-K:6582
CRL.A No. 200279 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 6TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
CRIMINAL APPEAL NO. 200279 OF 2025 (U/S 14 (A))
BETWEEN:
PREMA @ PREMAKUMAR
S/O RAMANNA BAMMANALLI,
AGE: 27 YEARS, OCC: HOTEL WORK,
R/O KUVEMPU NAGAR, BEHIND ASIAN MALL,
KALABURAGI - 585103.
...APPELLANT
(BY SRI. GURURAJ V. HASILKAR, ADVOCATE FOR
SRI. MOHAN KUMAR RATHOD, ADVOCATE)
AND:
1. THE STATE THROUGH
SUB-URBAN POLICE STATION, KALABURAGI,
(REPRESENTING BY LEARNED
ADDL. STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA AT
Digitally signed KALABURAGI-585107).
by RENUKA
Location: HIGH 2. SUSHILKUMAR S/O SANTOSH WATHAR,
COURT OF
KARNATAKA AGE: 22 YEARS, OCC: PRIVATE WORK,
R/O KERIBHOSAGA VILLAGE,
TQ. AND DIST. KALABURAGI-585101.
...RESPONDENTS
(BY SRI. GOPALKRISHNA B. YADAV, HCGP FOR R1; R2 - SERVED)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14A(2) OF
SC/ST (PA) ACT, PRAYING TO ALLOW THE APPEAL AND SET ASIDE
THE ORDER DATED 08.09.2025 IN SPL. CASE SC/ST NO.65/2022
REJECTING THE BAIL PETITION FILED BY THE APPELLANT UNDER
SECTION 483 OF B.N.S.S., 2023 AND ENLARGE THE APPELLANT ON
REGULAR BAIL IN CRIME NO.59/2022 OF SUB-URBAN POLICE
STATION, KALABURAGI, PENDING ON THE FILE OF II ADDITIONAL
DISTRICT & SESSIONS JUDGE, KALABURAGI IN SPL.CASE SC/ST
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NC: 2025:KHC-K:6582
CRL.A No. 200279 of 2025
HC-KAR
NO.65/2022, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS
143, 147, 323, 326, 427, 504, 506 READ WITH SECTION 149 OF
I.P.C. & SECTIONS 3(1)(R), 3(1)(S), 3(2)(V) OF THE SC/ST P.A. ACT.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT
WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM)
The captioned appeal is filed by accused No.4 under
Section 14A(2) of the Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act, 1989 (for short,
'SC/ST (POA) Act') seeking regular bail in Spl.Case SC/ST
No.65/2022 pending on the file of II-Additional District and
Sessions Judge, Kalaburagi, for the offences punishable
under Sections 143, 147, 323, 326, 427, 504 and 506
read with Section 149 of Indian Penal Code, 1860 and
Sections 3(1)(r), 3(1)(s) and 3(2)(v) of the SC/ST (POA)
Act.
2. Though the appellant was enlarged on bail
subject to certain conditions, he was found to have
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HC-KAR
violated the said conditions and remained absconding for a
period of ten months. In view of such non-compliance, the
bail application filed by the appellant before the learned
Sessions Judge came to be rejected.
3. Heard the learned counsel appearing for the
appellant and the learned High Court Government Pleader
appearing for respondent No.1-State.
4. The learned High Court Government Pleader,
placing reliance on the materials on record, contends that
the appellant has not been cooperating for the expeditious
disposal of the trial and that his prolonged absence has
resulted in unwarranted delay in the proceedings. It is
further submitted that the appellant had evaded execution
of the warrant for nearly ten months and that his presence
was ultimately secured only by issuance and execution of
a non-bailable warrant on 14.08.2025. Hence, it is urged
that this is not a fit case to extend any discretionary relief
in favour of the appellant.
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HC-KAR
5. Upon perusal of the material available on
record, it is revealed that the principal accused in the case
is accused No.1, whereas the overt act attributed to the
present appellant, who is arrayed as accused No.4, is that
he allegedly assaulted CW.4 on the right foot with a
wooden stick, causing a bleeding injury. It further
transpires from the record that the underlying dispute is
primarily between accused No.1 and CW.4, arising out of a
hand loan transaction between them.
6. Be that as it may, the appellant has been
arrested and is in judicial custody since 14.08.2025. The
offences for which he is charge-sheeted are not of a
heinous nature. Although the record discloses that the
appellant had previously violated the conditions of bail,
considering his limited role in the alleged incident and the
fact that he has been in custody for a considerable period,
this Court deems it appropriate to enlarge the appellant on
bail by imposing stringent conditions. One of such
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conditions shall be that the appellant shall not, as a matter
of course, seek exemption from personal appearance
during trial. Any application seeking such exemption shall
be entertained only under exceptional circumstances to
the satisfaction of the learned Trial Judge.
7. In view of the foregoing discussion, the
following order is passed:
ORDER
i. The criminal appeal is hereby allowed.
ii. The impugned order dated 08.09.2025 passed by
the learned II Additional District and Sessions Judge,
Kalaburagi, in Spl. Case (SC/ST) No.65/2022 is set aside.
iii. The appellant/accused No.4 shall be released on
bail in connection with Spl. Case (SC/ST) No.65/2022
(arising out of Crime No.59/2022 registered by Sub-Urban
Police Station, Kalaburagi) pending before the learned II
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Additional District and Sessions Judge, Kalaburagi, subject
to the following conditions:
a. The appellant shall execute a personal bond
for a sum of Rs.2,00,000/- (Rupees Two Lakhs
only) with two sureties for the like sum, to the
satisfaction of the Trial Court;
b. The appellant shall not tamper with the
prosecution witnesses or evidence, either
directly or indirectly;
c. The appellant shall not file any application
seeking exemption from personal appearance
on the dates fixed for hearing, except under
extraordinary and exceptional circumstances to
the satisfaction of the learned Trial Judge, who
shall record reasons if such exemption is
granted;
d. The appellant shall extend full cooperation
for the expeditious conclusion of the trial;
e. The appellant shall regularly appear before
the Trial Court during the course of the
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proceedings, unless specifically exempted for
valid reasons by the said Court;
f. The appellant shall not involve himself in any
criminal activity, similar or otherwise, during
the pendency of the case; and
g. The appellant shall not leave the jurisdiction
of the Trial Court without prior permission of
the said Court until disposal of the pending
case.
Sd/-
(SACHIN SHANKAR MAGADUM)
JUDGE
NB
CT:SI
