Karnataka High Court
Raju S/O Krishnappa Koravar vs State Of Karnataka on 2 September, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
-1-
NC: 2025:KHC-D:11227
CRL.A No. 100526 of 2025
HC-KAR
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. 100526 OF 2025
(U/S 14 A(2) of SC and ST ACT)
BETWEEN:
RAJU S/O KRISHNAPPA KORAVAR
AGE: 35 YEARS, OCC: BUSINESS,
R/O WARD NO. 21, KORAWAR ONI,
HAVERI, TQ. HAVERI,
DIST: HAVERI-581110.
...APPELLANT
(BY SRI. M.L. VANTI, ADVOCATE)
AND:
Digitally
signed by
RAKESH S
RAKESH HARIHAR
1. STATE OF KARNATAKA
S Location:
HIGH
HARIHAR COURT OF
KARNATAKA
DHARWAD
BY PSI, HAVERI TOWN POLICE STATION,
BENCH
HAVERI, REPRESENTED BY
STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA -
DHARWAD BENCH-580001.
2. SURESH S/O ASHOK BANGALORE,
AGE: 43 YEARS, OCC: SWEEPER,
-2-
NC: 2025:KHC-D:11227
CRL.A No. 100526 of 2025
HC-KAR
R/O AMBEDKARNAGAR, TQ. HAVERI,
DIST: HAVERI, HAVERI-581110.
3. RAJU S/O YALLAPPA DODDAMANI,
AGE: 33 YEARS, OCC: SWEEPER,
R/O AMBEDKAR CIRCLE, HAVERI,
TQ.DIST.HAVERI-581110
...RESPONDENTS
(SMT. KIRTILATA R. PATIL, HCGP FOR RESPONDENT NO.1,
R-2 SERVED.)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14 A(2)
OF SC AND ST (POA) ACT 1989, PRAYING TO ALLOW THE
APPEAL AND SET ASIDE THE ORDER IN CRL.MISC.459/2025
DATED 18.07.2025 PASSED BY I ST ADDL.DISTRICT AND
SESSIONS JUDGE AND SPECIAL JUDGE, HAVERI AND DIRECT
THE RESPONDENT NO.1 POLICE TO RELEASE THE
PETITIONER/ACCUSED NO.10 ON BAIL IN EVENT OF HIS ARREST
TOWN-IN HAVERI TOWN POLICE STATION CRIME NO.104/2025
REGISTERED FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 189(2), 191(2), 191(3), 109, 132, 115(2), 118(1),
351 (3) AND 352 R/W SECTION 190 OF BNS 2023 AND SECTION
3(1)(r) AND 3(2) (va) OF SC/ST (POA) ACT PENDING ON THE
FILE OF ADDL. DISTRICT AND SESSIONS JUDGE AND SPECIAL
JUDGE, HAVERI.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
-3-
NC: 2025:KHC-D:11227
CRL.A No. 100526 of 2025
HC-KAR
ORAL JUDGMENT
(PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY)
Accused No.10 in Crime No.104 of 2025 registered by
Haveri Town Police Station, Haveri for the offences
punishable under Sections 189(2), 191(2), 191(3), 109,
132, 115(2), 118(1), 351(3), and 352 read with Section
190 of BNS 2023 and Sections 3(1)(r) and 3(2)(va) of the
Scheduled Castes and the Scheduled Tribes (Prevention of
Atrocities) Act, 1989 is before this Court under Section
14A(2) of The Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989 seeking anticipatory
bail.
2. Heard learned counsel for the appellant and the
learned HCGP for respondent No.1. Respondent Nos.2 and
3, who are served in the matter, have remained
unrepresented before this Court.
3. FIR in Crime No.104/2025 was registered by
Haveri Town Police Station, Haveri for the aforesaid
NC: 2025:KHC-D:11227
HC-KAR
offences against Akshata K.C. and others based on the first
information dated 07.06.2025 received from Suresh
Bangalore.
4. Apprehending arrest in the said case, appellant
herein who is arrayed as accused No.1 in the FIR had filed
Criminal Miscellaneous No.459/2025 before the
Jurisdictional Sessions Court, which was rejected on
18.07.2025. Therefore, he is before this Court.
5. Perusal of the material on record would go to
show that FIR in Crime No.104/2025 was registered by
Haveri Police Station, Haveri, for the aforesaid offences
against Akshata K.C. and nine others based on the first
information dated 07.06.2025 received from Suresh
Bangalore. On 05.06.2025 at about 10 a.m., when
Pourakarmikas working in Haveri Town Municipality had
gone to remove a banner relating to the birthday of accused
no.2, Accused no.1 Akshatha allegedly had abused
Rangappa Herakal, who was a paurakarmika referring to his
NC: 2025:KHC-D:11227
HC-KAR
caste and also assaulted him. In respect of the alleged
incident, FIR in Crime No.103 of 2025 was registered
against Akshatha K.C. and others. Therefore, the accused in
Crime No.103 of 2025 had vengeance against the
Pourakarmikas of Haveri Town Municipality and on
07.06.2025, when the Pourakarmikas were near a Bar and
restaurant, accused nos.1 and 2 along with others came
there and after abusing first informant Suresh referring to
his caste, allegedly assaulted another Paurakarmika by
name Raju Dodmani with a cricket bat and broken beer
bottle and caused grievous injuries to him. Allegation of
assaulting Raju Dodmani with a broken beer bottle is found
against accused no.2 and accused nos.3, 4, 11 and 13
allegedly had assaulted Raju Dodmani with bat on his body
and other accused persons. Allegation of abusing the
victims in Crime No.104 of 2025 referring to their caste is
specifically alleged against accused nos.5 and 6. There is no
specific allegations insofar as the petitioner herein. Accused
nos.1 to 4 and 11 to 14 have been granted regular bail by
NC: 2025:KHC-D:11227
HC-KAR
this Court in Criminal Appeal No.100458 of 2025 c/w
Criminal Appeal No.100477 of 2025.
6. Since there is no allegation which would prima
facie attract the offences punishable under Sections 3(1)(r)
and 3(2)(va) of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989, the bar under Section
18 of the Act cannot be invoked against him. It is brought
to the notice of this Court that the appellant also belongs to
Scheduled Caste. Considering the aforesaid aspects of the
matter and the nature of allegations found as against the
appellant, I am of the opinion that appellant's prayer for
grant of anticipatory bail is required to be answered
affirmatively. Accordingly, the following order:
7. The appeal is allowed. The order dated
18.07.2025 passed by the Court of I Addl. District &
Sessions Judge & Spl. Judge, Haveri, in Crl. Misc.
No.459/2025, is set aside. The respondent - Police or any
other police in the State of Karnataka are directed to
release the petitioner in the event of his arrest in Crime
NC: 2025:KHC-D:11227
HC-KAR
No.104 of 2025 registered by Haveri Town Police Station,
Haveri for the offences punishable under Sections 189(2),
191(2), 191(3), 109, 132, 115(2), 118(1), 351(3), and 352
read with Section 190 of BNS 2023 and Sections 3(1)(r)
and 3(2)(va) of the Scheduled Castes and the Scheduled
Tribes (Prevention of Atrocities) Act, 1989, subject to the
following conditions:
1. The Petitioner 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 Rs.1,00,000/- with two
sureties for the likesum to the satisfaction of the
investigating officer.
2. Petitioner shall regularly appear before the
Trial Court without fail unless exempted by the Trial
Court for valid reasons.
3. Petitioner shall not tamper with the
prosecution witness and he shall co-operate with the
police for investigation and appear before them
whenever called upon.
NC: 2025:KHC-D:11227
HC-KAR
4. The petitioner shall not involve in similar
offences in future.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
KGK/VMB/KK
CT:GSM
