Karnataka High Court
Ramesh vs The State Of Karnataka on 29 October, 2025
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NC: 2025:KHC-K:6367
CRL.A No. 200284 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 29TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
CRIMINAL APPEAL NO.200284 OF 2025 (U/S 14-A(2))
BETWEEN:
RAMESH
S/O SHIVAGONDAPPA HATTARAKE,
AGED 54 YEARS, OCC: AGRICULTURE,
R/O KODAGNUR, SHIVOOR, KALABURAGI
DIST. KALABURAGI-585217
...APPELLANT
(BY SRI SANTOSH KUMAR B. BIRADAR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
Digitally signed AFZALPUR POLICE STATION,
by RENUKA REP. BY PUBLIC PROSECUTOR,
Location: HIGH KALABURAGI-585102.
COURT OF
KARNATAKA
2. SMT.SHOBHA
W/O LATE RANAPPA MANG,
AGED 42 YEARS, OCC: LABOUR,
R/O WADDARA GALLI, BRAHMAPUR,
KALABURAGI, NOW AT MANN,
TQ. AFZALPUR, KALABURAGI.
...RESPONDENTS
(BY SRI GOPALKRISHNA B. YADAV, HCGP FOR R1;
R2 SERVED)
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CRL.A No. 200284 of 2025
HC-KAR
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14-
A(2) OF SC/ST (POA) ACT, PRAYING TO (A) THIS APPEAL MAY
PLEASED TO ALLOWED (B) BE PLEASED TO SET ASIDE THE
ORDER DATED 17.09.2025 PASSED IN CR.MISC.NO.1497/2025
ON THE FILE OF II ADDL. DISTRICT AND SESSIONS JUDGE AT
KALABURAGI (C) CONSEQUENTLY APPELLANT MAY KINDLY BE
PLEASED TO ENLARGE ON BAIL IN THE CRIME NO.146/2025
REGISTERED BY AFZALPUR POLICE, PENDING ON THE FILE OF
2ND ADDITIONAL DISTRICT AND SESSIONS JUDGE AT
KALABURAGI FOR OFFENCE PUNISHABLE 115(2), 64 READ
WITH 3(5) OF THE BNS-2023 AND UNDER SECTIONS 3(1)(r),
3(1)(w)(i), 3(2)(v) OF SC AND ST (POA) ACT, 1989.
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)
This appeal is filed under Section 14-A(2) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 (for short 'SC/ST (POA) Act') seeking
regular bail for the offences punishable under Sections
115(2), 64 read with Section 3(5) of Bharatiya Nyaya
Sanhita, 2023 and under Sections 3(1)(r), 3(1)(w)(i) and
3(2)(v) of SC/ST (POA) Act.
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HC-KAR
2. The appellant, arrayed as accused No.2, has
been charge-sheeted in Special Case No.288/2025. The
brief facts of the prosecution case are that on 29.07.2025
at about 5.00 p.m., accused No.1, along with an unknown
person, came on a motorbike and approached the second
respondent/victim, stating that he would pay an advance
amount towards harvesting of sugarcane. Believing the
representation, the second respondent accompanied
accused No.1 and the present appellant (accused No.2) on
the said motorbike. It is alleged that while proceeding,
accused No.1 directed accused No.2 to take a shortcut
and, after travelling some distance, asked him to stop the
vehicle, whereupon accused No.1 is stated to have
sexually assaulted the victim. Based on the said incident, a
complaint came to be lodged, culminating in registration of
the crime. The Investigating Officer, on the basis of the
alleged confession statement of accused No.1, arraigned
the present appellant as accused No.2.
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HC-KAR
3. The specific allegation against the appellant is
that he is said to have slapped the victim, while the graver
accusation of sexual assault is solely attributed to accused
No.1. A perusal of the charge sheet reveals that the
implication of the appellant primarily rests upon the
alleged confession statement of accused No.1.
4. Learned counsel for the appellant has also
produced the order passed by the learned Sessions Judge
granting regular bail to accused No.1 the principal accused
against whom the serious charge of sexual assault has
been levelled. In view of the fact that the present
appellant has been implicated only on the basis of the
confession statement of a co-accused, and considering
that the investigation has been completed and charge
sheet filed, this Court is of the view that the appellant
stands on the same footing as accused No.1 and is entitled
to the benefit of bail on the ground of parity. No prejudice
would be caused to the prosecution if the appellant is
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HC-KAR
enlarged on bail, subject to stringent conditions.
Accordingly, the following order is passed:
ORDER
i. The criminal appeal is allowed.
ii. The impugned order dated 17.09.2025 passed by the
learned II Additional District and Sessions Judge,
Kalaburagi, in Crl.Misc.No.1497/2025 is hereby set
aside.
iii. The appellant/accused No.2 shall be released on bail
in connection with Special Case No.288/2025, arising
out of Crime No.146/2025 of Afzalpur Police Station,
Kalaburagi, subject to the following conditions:
a. The appellant shall execute a personal
bond in a sum of Rs.1,00,000/- (Rupees
One Lakh only) with two sureties for the
like amount to the satisfaction of the
jurisdictional Court;
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b. The appellant shall not tamper with the
prosecution witnesses or evidence, either
directly or indirectly;
c. The appellant shall appear regularly before
the Trial Court during the course of
proceedings unless exempted by the said
Court for valid reasons;
d. The appellant shall not involve himself in
any criminal activity, similar or otherwise,
in future; and
e. The appellant shall not leave the
jurisdiction of the Trial Court without
obtaining prior permission of the said
Court until disposal of the pending case.
Sd/-
(SACHIN SHANKAR MAGADUM)
JUDGE
SRT
CT:SI
