Karnataka High Court
Kashinath vs The State Of Karnataka on 11 September, 2025
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NC: 2025:KHC-K:5322
CRL.A No. 200261 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 11TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MRS JUSTICE M G UMA
CRIMINAL APPEAL NO.200261 OF 2025 (U/S 14 (A)(2))
BETWEEN:
1. KASHINATH S/O GANAPATI SALUTAGI,
AGED ABOUT 34 YEARS, OCC: AGRICULTURE,
R/O. MADAN HIPPARGA VILLAGE,
TQ.ALAND, DIST.KALABURAGI- 585 236.
2. MALLU @ MALLAYYA S/O SIDDAPPA VADDAR,
AGED ABOUT 26 YEARS, OCC: STUDENT,
R/O. MADAN HIPPARGA VILLAGE,
TQ.ALAND, DIST.KALABURAGI-585 236.
3. SACHIN S/O REVAPPA JAKAPURE,
AGED ABOUT 30 YEARS, OCC: DRIVER,
R/O. DARGA SHIRUR VILLAGE,
Digitally signed by
SUMITRA TQ. ALAND, DIST.KALABURAGI-585 236.
SHERIGAR
Location: HIGH
COURT OF 4. GURUNATH S/O SIDRAMAPPA SAKKARAGI,
KARNATAKA AGED ABOUT 28 YEARS, OCC: AGRICULTURE,
R/O MADAN HIPPARGA VILLAGE,
TQ ALAND, DIST.KALABURAGI-585 236.
...APPELLANTS
(BY SRI RAJESH DODDAMANI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
ALAND POLICE STATION, ALAND,
NOW REPRESENTED BY,
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CRL.A No. 200261 of 2025
HC-KAR
THE ADDITIONAL STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
KALABURAGI BENCH - 585 102.
2. LOKESH S/O NAGINDRAPPA RAMAN,
AGE: 25 YEARS, OCC: DRIVER,
R/O. LAD MUGALI VILLAGE,
TQ. ALAND, DIST.KALABURAGI-585 316.
...RESPONDENTS
(BY SRI GOPALKRISHNA B. YADAV, HCGP)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION
14-A(2) OF SC/ST (PA) ACT, PRAYING TO SET ASIDE THE
ORDER DATED 21.08.2025 PASSED BY THE HON'BLE
II ADDITIONAL DISTRICT AND SESSIONS COURT, KALABURAGI
PASSED IN CRL.MISC.NI.1205/2025 AND CONSEQUENTLY
ENLARGE THE APPELLANTS/A-6 TO 9 (AS PER CHARGE SHEET)
IN CONNECTION WITH CRIME NO.148/2025 OF ALAND POLICE
STATION REGISTERED FOR THE OFFENCES PUNISHABLE
UNDER SECTION 189(2), 191(2), 191(3), 118(1), 118(2),
61(2), 55, 103, 352, 324(4), 351(2) READ WITH 190 OF
BHARATIYA NYAYA SANHITA, 2023 AND SECTIONS 3(1)(r), (s),
3(2)(v) OF SCHEDULED CASTES AND SCHEDULED TRIBES
(PREVENTION OF ATROCITIES) ACT., NOW PENDING ON THE
FILE OF HONOURABLE II ADDITIONAL DISTRICT AND
SESSIONS COURT, KALABURAGI IN SPL. C.NO.240/2025.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE M G UMA
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CRL.A No. 200261 of 2025
HC-KAR
ORAL JUDGMENT
(PER: HON'BLE MRS JUSTICE M G UMA)
The appellants being accused No.6 to 9 are seeking
grant of regular bail in Crime No.148/2025 of Aland Police
Station, Kalaburagi district, within the jurisdiction of
learned II Additional District and Sessions Judge,
Kalaburagi, registered for the offences punishable under
Sections 189(2), 191(2), 191(3), 118(1), 118(2), , 61(2),
55, 103, 352, 324(4), 351(2) read with Section 190 of
Bharatiya Nyaya Sanhita, 2023 (for short 'BNS, 2023') and
under Sections 3(1)(r)(s) and 3(2)(v) of the Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act,
1989 (for short 'SC/ST (POA) Act').
2. Heard Sri Rajesh Doddamani, learned Counsel
for the appellants and Sri Gopalkrishna B. Yadav, learned
High Court Government Pleader for respondent No.1 -
State and respondent No.2 - complainant. Perused the
materials on record.
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HC-KAR
3. In view of the rival contentions urged by the
learned counsel for both the parties, the point that would
arise for my consideration is:
"Whether the appellants are entitled for
grant of bail under Section 14-A of SC/ST
(Prevention of Atrocities) Act, 2015?
My answer to the above point is in the 'Affirmative'
for the following:
REASONS
4. The informant being the father-in-law of the
deceased lodged first information against accused Nos.1 to
3 for having caused the death of the deceased and
assaulting the eyewitnesses. During investigation, these
appellants were apprehended, arraying them as accused.
Now the investigation is completed and charge sheet has
been filed and the appellants are arrayed as accused Nos.6
to 9.
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5. As per column No.17 of the charge sheet, it was
accused Nos.1 to 5, with common intention to cause the
death of the deceased, assaulted him with club, as a result
of which, he died on the spot. Accused Nos.1 to 3 have
assaulted CW.14 with the same weapon and caused
injuries to him. Thereafter, accused Nos.6 to 10 came to
the spot, conspired with accused No.1 and all the accused
have fled from the spot. It is stated that CW.1, CW.4 to
CW.19 are the eyewitnesses to the incident.
6. It is brought to the notice of this Court that,
accused No.10 against whom similar allegations are made,
is enlarged on bail as per the order dated 18.08.2025 in
Criminal Appeal No.200240/2025. Since the overt-acts
regarding assaulting and causing the death of the
deceased and also causing injuries to the eyewitness is
against accused Nos.1 to 5 since no overt-acts are alleged
against present appellants and since the appellants are
entitled to the benefit of parity with accused No.10, I am
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of the opinion that the appellants are entitled for grant of
bail.
7. Considering all these facts and circumstances, I
am of the opinion that detention of the appellants in
custody would amount to infringement to their right to life
and liberty. Hence, I am of the opinion that the appellants
are entitled to be enlarged on bail subject to conditions,
which will take care of the interest of the prosecution.
Accordingly, I answer the above point in the affirmative
and proceed to pass the following:
ORDER
i) The criminal appeal is allowed.
ii) The appellants/accused Nos.6 to 9 are ordered
to be enlarged on bail in Crime No.148/2025 of Aland
Police Station, Kalaburagi District, now pending on the file
of learned II Additional District and Sessions Judge,
Kalaburagi, on obtaining the bond in a sum of
Rs.2,00,000/- (Rupees Two Lakhs only) each with two
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sureties for the likesum to the satisfaction of the
jurisdictional Court, subject to the following conditions:
a) The appellants shall not commit similar
offences.
b) The appellants shall not threaten or
tamper with the prosecution witnesses.
c) The appellants shall appear before the
Court as and when required.
iii) If in case, the appellants violate any of the
conditions as stated above, the prosecution will be at
liberty to move the Trial Court, seeking cancellation of
bail.
iv) On furnishing the sureties by the appellants,
the Trial Court is at liberty to direct the Investigating
Officer to verify the correctness of the address and
authenticity of the documents furnished by the appellants
and the sureties and a report may be called for in that
regard, which is to be submitted by the Investigating
Officer within 5 days. The Trial Court on satisfaction, may
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proceed to accept the sureties for the purpose of releasing
the appellants on bail.
Sd/-
(M G UMA)
JUDGE
SRT
CT:PK
