Karnataka High Court
Shri Ismail S/O Kutubuddin Mulla vs The State Of Karnataka on 15 October, 2025
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NC: 2025:KHC-D:13878
CRL.A No. 100357 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA
AT DHARWAD
DATED THIS THE 15TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.RACHAIAH
CRIMINAL APPEAL NO.100357 OF 2025
(U/S 14 A(2) OF SC AND ST ACT)
BETWEEN:
SHRI ISMAIL S/O. KUTUBUDDIN MULLA
AGE. 26 YEARS, OCC. PRIVATE JOB,
R/O. SINDHUR, TQ. JATTA,
DIST. SANGLI, MAHARASHTRA-416404.
...PETITIONER
(BY SRI S.B.DEYANNAVAR, ADVOCATE.)
AND:
1. THE STATE OF KARNATAKA,
THROUGH AIGALI POLICE STATION,
Rep. by STATE PUBLIC PROSECUTOR,
HIGH COURT BENCH, DHARWAD.
Digitally signed by
MALLIKARJUN 2. SMT. NARASAVVA W/O. PANDURANG BALAGALI,
RUDRAYYA KALMATH AGE. 45 YEARS, OCC. COOLIE WORK,
Location: HIGH COURT
OF KARNATAKA R/O. BEDARAHATTI, TQ. ATHANI,
DIST. BELAGAVI-501248.
...RESPONDENTS
(BY SRI JAIRAM SIDDI, HCGP FOR R1;
SRI D.J.NAIK, ADVOCATE, FOR R2.)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION
14(A)(2) OF SCHEDULED CASTES AND SCHEDULED TRIBES
(PREVENTION OF ATROCITIES) ACT, PRAYING TO SET ASIDE
THE ORDER DATED 16.04.2025, IN CRL.MISC.NO.255/2025,
PASSED BY III ADDITIIONAL DISTRICT AND SESSIONS JUDGE,
BELAGAVI, IN CRIME NO.94/2022 OF AIGALI P.S., FOR THE
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NC: 2025:KHC-D:13878
CRL.A No. 100357 of 2025
HC-KAR
OFFENCE PUNISHABLE UNDER SECTIONS 302, 506 OF IPC AND
SECTION 3(1)(R) (3)(1)(S), 3(2)(V) OF SCHEDULED CASTES
AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT,
IN SPECIAL CASE NO.260/2022 BY ALLOWING THE APPEAL AND
APPELLANT/ACCUSED NO.1 MAY BE RELEASED ON BAIL BY
ACCEPTING THE SURETY FURNISHED BY HIM IN THE INTEREST
OF JUSTICE.
THIS CRIMINAL APPEAL COMING ON FOR ORDERS THIS
DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER:
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE S.RACHAIAH)
Heard the arguments of learned counsels for
respective parties and perused the material placed before
the Court.
2. This is the fourth successive bail application filed
seeking release of the appellant who has been arrested in
Crime No.94/2022 of Aigali Police Station, for the offence
punishable under Section 302, 506 of IPC and Sections
3(1)(r), 3(1)(s) and 3(1)(v) of the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Amendment Act,
2015.
NC: 2025:KHC-D:13878
HC-KAR
3. The petitioner made available the medical
documents to substantiate that the appellant is suffering
from right deviated nasal septum with bilateral concha
bullosa. He is advised to undergo Septoplasty plus bilateral
Conchoplasty under General Anesthesia. As per the medical
certificate issued by the authority, his surgery was proposed
to be held on 25.09.2025. However, it could not happen as
he was in judicial custody.
4. Learned counsel for the appellant seeks for an
interim measure to undergo medical surgery of the
appellant.
5. Per contra, learned HCGP also made available the
documents issued by the authority, wherein it discloses that
the appellant needs surgery for his medical issues.
6. I have considered the rival submissions and also
perused the documents available on record. It is
appropriate to grant interim bail and accommodate the
appellant to undergo surgery for his medical complications.
NC: 2025:KHC-D:13878
HC-KAR
Therefore without adverting to the merit of the case, I am
of the considered opinion that the appellant has made out a
case to grant bail. Accordingly, I proceed to pass the
following:
ORDER
i) The appeal is allowed.
ii) The appellant is ordered to be enlarged on bail
on executing a personal bond for a sum of Rs.1,00,000/-
(One Lakh Rupees) with one surety for the like sum to the
satisfaction of the trial Court.
iii) The bail duration is six (06) months from the
date is release from the custody.
iv) After completion of six months, the appellant has
to voluntarily surrender before the Trial Court, for further
proceedings.
Sd/-
(S.RACHAIAH)
JUDGE
MRK/ CT: UMD
