Karnataka High Court

Smt. Akshata S/O Karabasappa Chalavadi vs State Of Karnataka on 2 September, 2025

Author: S.Vishwajith Shetty

Bench: S.Vishwajith Shetty

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                                                       CRL.A No. 100468 of 2025
                                                   C/W CRL.A No. 100467 of 2025

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                       IN THE HIGH COURT OF KARNATAKA, AT DHARWAD

                        DATED THIS THE 2ND DAY OF SEPTEMBER, 2025

                                            BEFORE

                       THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY

                            CRIMINAL APPEAL NO. 100468 OF 2025
                                            C/W
                            CRIMINAL APPEAL NO. 100467 OF 2025
                               (U/S 14 A(2) OF SC AND ST ACT)

                       IN CRL.A. NO.100468 OF 2025:
                       BETWEEN:

                       1.   SUBBU @ SUBHAS
                            S/O SHEKAPPA BHAJANTRI,
                            AGE. 20 YEARS, OCC. COOLIE,
                            R/O. KORAVAR ONI, HAVERI,
                            DIST. HAVERI-581 110.

                       2.  SHRI JAGADEESH
                           S/O NAGAPPA MANEGAR,
                           AGE. 30 YEARS, OCC. AGRICULTURE,
          Digitally
          signed by
          RAKESH S
                           R/O. KARJAGI, TQ. AND DIST. HAVERI-581 112.
RAKESH    HARIHAR
S
HARIHAR
          Location:
          HIGH COURT
          OF
                                                                    ... APPELLANTS
          KARNATAKA
          DHARWAD
          BENCH
                       (BY SRI. VIDYASHANKAR G. DALWAI, ADVOCATE)

                       AND:

                       1.   STATE OF KARNATAKA,
                            REPRESENTED BY ITS
                            STATE PUBLIC PROSECUTOR,
                            HIGH COURT BUILDING, DHARWAD,
                            THROUGH HAVERI TOWN POLICE STATION,
                            HAVERI-581 110.
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                                CRL.A No. 100468 of 2025
                            C/W CRL.A No. 100467 of 2025

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2.   SHRI RAKESH S/O RANGAPPA HERAKAL,
     AGE. 32 YEARS, OCC. PRIVATE WORK,
     R/O. AMBEDKAR CIRCLE, HAVERI-581 110.
                                             ... RESPONDENTS
(BY SMT. KIRTILATA R. PATIL, HCGP FOR R1;
    SRI. GOPAL B. PATIL, ADVOCATE FOR R2)

      THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14 (A)
(2) OF SC AND ST (POA) ACT 1989, PRAYING TO SET ASIDE THE
ORDER OF REJECTION OF THE BAIL APPLICATION IN CRL. MISC.
NO.479/2025 (CRIME NO.113/2025) DATED 22.07.2025 BY I
ADDL. DISTRICT AND SESSIONS JUDGE AND SPECIAL JUDGE,
HAVERI, THE APPELLANTS HAVE PREFERRED THIS CRIMINAL
APPEAL SEEKING ANTICIPATORY BAIL IN CRIME NO.113/2025
OF HAVERI TOWN P.S. FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 189(2), 191(2), 108, 132, 352, 351(3) R/W SECTION
190 OF BNS 2023 AND SECTION 3(1)(R) AND 3(2)(VA) OF
SC/ST (PREVENTION OF ATROCITIES) ACT, IN THE EVENT OF
ARREST.


IN CRL.A. NO. 100467 OF 2025:
BETWEEN:

1.   SMT. AKSHATA S/O KARABASAPPA CHALAVADI,
     AGE. 34 YEARS, OCC. SOCIAL WORK,
     R/O. NAGENDRANAMATTI, HAVERI,
     TQ. AND DIST. HAVERI-581 110.

2.   SHRI SHANTAPPA S/O ARUNA KORAVAR,
     AGE. 22 YEARS, OCC. COOLIE,
     R/O. KORAVAR ONI, HAVERI,
     TQ. AND DIST. HAVERI-581 110.
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3.  SHRI ARJUN S/O SHANTAPPA ARUNA KORAVAR,
    AGE. 20 YEARS, OCC. COOLIE,
    R/O. KORAVAR ONI, HAVERI,
    TQ. AND DIST. HAVERI-581 110.
                                           ... APPELLANTS
(BY SRI. VIDYASHANKAR G. DALWAI, ADVOCATE)

AND:

1.   STATE OF KARNATAKA,
     REPRESENTED BY ITS STATE PUBLIC PROSECUTOR,
     HIGH COURT BUILDING, DHARWAD,
     THROUGH HAVERI TOWN POLICE STATION,
     HAVERI-581 110.

2.   SHRI RAKESH S/O RANGAPPA HERAKAL,
     AGE. 32 YEARS, OCC. PRIVATE WORK,
     R/O. AMBEDKAR CIRCLE, HAVERI-581 110.
                                             ... RESPONDENTS
(BY SMT. KIRTILATA R. PATIL, HCGP FOR R1;
    SRI. GOPAL B. PATIL, ADVOCATE FOR R2)

      THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14
(A)(2) OF SC AND ST (POA) ACT 1989, PRAYING TO CALL FOR
RECORDS AND SET-ASIDE THE DISMISSAL ORDER DATED
22.07.2025 IN CRIME NO.113/2025 PASSED BY THE I ADDL.
DISTRICT AND SESSIONS JUDGE AND SPECIAL JUDGE HAVERI
AND ENLARGE THE APPELLANTS/ACCUSED NO.1, 2 AND 4 ON
REGULAR BAIL IN CRIME NO.113/2025 OF HAVERI TOWN PS
FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 189(2),
191(2), 108, 132, 352, 351(3) R/W SECTION 190 OF BNS 2023
AND SECTION 3(1)(R) AND 3(2)(VA) OF SC/ST (PREVENTION OF
ATROCITIES) ACT, IN THE EVENT OF ARREST.

    THESE APPEALS ARE COMING ON FOR ORDERS THIS DAY,
JUDGMENT IS DELIVERED THEREIN AS UNDER:
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                    ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)

1. Accused Nos.1 to 5 are before this Court in these

two appeals filed under Section 14A(2) of Scheduled Castes

and the Scheduled Tribes (Prevention of Atrocities)

Amendment Act, 2015 seeking regular bail and anticipatory

bail in Crime No.113 of 2025 registered by Haveri Town

Police Station, Haveri, for offences punishable under Section

189(2), 191(2), 108, 132, 352, 351(3) r/w Section 190 of

BNS 2023 and Section 3(1)(r) and 3(2)(va) of SC/ST

(Prevention of Atrocities) Act.

2. Heard the learned counsel for the parties.

3. FIR in Crime No.113 of 2025 was registered by

Haveri Town Police Station, Haveri, for the aforesaid

offences against the appellants herein and two others based

on the first information dated 23.06.2025 received from

respondent no.2 who is the son of deceased Rakesh

Herakal. During the course of investigation accused nos.1, 2

and 4 were arrested on 04.07.2025 and subsequently,

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remanded to judicial custody. Their bail application filed

before the Jurisdictional Sessions Court in Haveri T.PS.

Crime No.113 of 2025 was rejected on 22.07.2025.

Therefore, they are before this Court in Criminal Appeal

No.100467 of 2025. Apprehending arrest in the case

accused Nos.3 and 5 had filed Criminal Misc.No.479 of 2025

before the jurisdictional Sessions Court, which was rejected

on 22.07.2025. Therefore, they are before this Court in

Criminal Appeal No.100468 of 2025.

4. Perusal of the material on record would go to

show that in the first information which is filed on

23.06.2025 by respondent no.2 who is the son of deceased

Rangappa Herakal, he has stated that on 05.06.2025 when

deceased Rangappa Herakal, who was working as a

Paurakarmika, had gone to remove a banner pursuant to

the orders passed by the Commissioner of Town

Municipality, accused no.1 allegedly had abused him

referring to his caste and also obstructed him from

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discharging his duties. The other accused persons also had

abused him and had criminally intimidated him.

5. In the background of the said incident, on

19.06.2025, Rangappa Herakal had consumed insecticide

and thereafter, he was immediately admitted to a hospital.

However, he had died in the hospital on 23.06.2025. It is

under these circumstances, first informant had approached

the police on 23.06.2025 alleging that accused named in

the FIR were the cause for his father's death. During the

course of investigation accused nos.1, 2 and 4 were

arrested on 02.07.2025. After completing the investigation,

now charge sheet has been filed in the present case only for

offences punishable under Sections 189(2), 191(2), 132,

352, 190 of IPC and Section 3(1)(r) of SC/ST (Prevention of

Atrocities) Act. The other offences including the offence

punishable under Section 18 of BNS 2023 has been dropped

in the charge sheet. There is no such allegation against

accused Nos.3 and 5 either in the FIR or in the charge

sheet, which would attract the bar under Section 108 of the

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SC/ST (POA) Act against them. Considering the nature of

allegations found against accused and also the fact that the

charge sheet has been filed in the present case, dropping

the offence punishable under Section 108 of the BNS 2023,

I am of the opinion, prayer made by accused nos.1 to 5 in

the above two appeals, for grant of regular bail and

anticipatory bail needs to be answered in the affirmative.

Accordingly, the following:

ORDER

1) Criminal Appeal No.100467 of 2025 filed by

accused No.1, 2 and 4 is allowed.

The order dated 22.07.2025 passed by the I

Additional District and Sessions Judge and Special

Judge, Haveri in Cr.No.113/2025 registered by Haveri

Town P.S. is hereby set aside and the appellants are

directed to be enlarged on bail, subject to the

following conditions:

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a. Accused No.1, 2 and 4 shall execute personal

bond for a sum of Rs.1,00,000/- each with 2

sureties for the likesum to the satisfaction of

the jurisdictional Court;

b. Accused No.1, 2 and 4 shall appear regularly

on all the dates of hearing before the Trial

Court unless the Trial Court exempts his

appearance for valid reasons;

c. Accused No.1, 2 and 4 shall not directly or

indirectly threaten or tamper with the

prosecution witnesses;

d. Accused No.1, 2 and 4 shall not involve in

similar offences in future.

e. Accused No.1, 2 and 4 shall not leave the

jurisdiction of the Trial Court without

permission of the said Court until the case

registered against him is disposed off.

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2) Criminal Appeal No.100468 of 2025 filed by

accused Nos.3 and 5 is allowed.

The order dated 22.07.2025 passed by the I

Additional District and Sessions Judge and Special

Judge, Haveri in Haveri Town P.S. in Crl.Misc.

No.479/2025 is hereby set aside and the accused

Nos.3 and 5 are directed to be enlarged on bail,

subject to the following conditions:

The respondent - Police or any other Police in the

State of Karnataka are directed to release the accused No.3

and 5 in the event of their arrest in Cr.No.113/2025

registered by Haveri Town P.S., subject to the following

conditions:

i. Accused Nos.3 and 5 shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of

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Rs.1,00,000/- each with two sureties for the like sum to the satisfaction of the investigating officer.

ii. Accused Nos.3 and 5 shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.

iii. Accused Nos.3 and 5 shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon.