Karnataka High Court
Mayappa S/O Ningappa Savalagi vs The State Of Karnataka on 18 September, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2025:KHC-D:12391
CRL.A No. 100575 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 18TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL APPEAL NO. 100575 OF 2025
(U/S 14 A(2) OF SC AND ST ACT)
BETWEEN:
1. MAYAPPA S/O NINGAPPA SAVALAGI @ HATTI,
AGE. 43 YEARS, OCC.
R/O. HOUSE NO.812, BARABAYI ROAD,
KURABAR ONI, NEAR SANGOLLI RAYANNA CIRCLE,
TELSANG, BELAGAVI-591 265.
2. KASAPPA S/O SIDRAY SHELAPPAGOL,
AGE. 55 YEARS, OCC.
R/O. TELSANG, PO. TELSANG, BELAGAVI-591 265.
... APPELLANTS
(BY SRI. PRASHANT MATHAPATI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
BY AIGALI P.S., REPRESENTED BY SPP,
HIGH COURT OF KARNATAKA, BENCH DHARWAD.
2. PARVATI W/O BABU BHAJANTRI,
AGE. 48 YEARS, OCC. LABOURER,
R/O. TELSANG, TQ. ATHANI, DIST. BELAGAVI-591 265.
Digitally
signed by
RAKESH S
... RESPONDENTS
RAKESH HARIHAR
S Location:
HIGH
(BY SMT. KIRTILATA R. PATIL, HCGP FOR R1;
HARIHAR COURT OF
KARNATAKA
DHARWAD
NOTICE TO R2 HELD SUFFICIENT)
BENCH
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14A(2) OF
SCHEDULED CASTES AND SCHEDULED TRIBES (PREVENTION OF
ATROCITIES) ACT, 1989, PRAYING TO SET ASIDE THE ORDER DATED
28.08.2025 IN CRL. MISC. NO.982 OF 2025 PASSED BY THE III ADDL.
SESSIONS JUDGE, AT: BELAGAVI AND PLEASED TO GRANT
ANTICIPATORY BAIL TO THE APPELLANTS/ACCUSED NOS.5 AND 6 IN
AIGALI P.S. CRIME NO.0103 OF 2025 FOR OFFENCES PUNISHABLE UNDER
SECTIONS 189(2), 191(2), 115(2), 324, 74, 351(2), 352, 190 OF
BARATIYA NYAYA SANHITA, 2023 AND SECTIONS 3(1)(R), 3(1)(S),
3(2)(VA) OF SCHEDULED CASTES AND SCHEDULED TRIBES (PREVENTION
OF ATROCITIES) ACT BY ALLOWING THE APPEAL, IN THE INTEREST OF
JUSTICE.
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NC: 2025:KHC-D:12391
CRL.A No. 100575 of 2025
HC-KAR
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT IS
DELIVERED THEREIN AS UNDER:
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)
Accused Nos.5 and 6 in Crime No.103 of 2025
registered by Aigali Police Station, Belagavi for offences
punishable under Sections 3(1)(r), 3(2)(v-a) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989, Sections 189(2), 191(2), 115(2), 324,
74, 351(2), 190 of Bharatiya Nyaya Sanhita, 2023 are
before this Court in this appeal filed under Section 14A(2) of
the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989, seeking anticipatory bail.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.103 of 2025 was registered by
Aigali Police Station, Belagavi for the aforesaid offences
against Mahadev Malakappa Bhajantri and others, based on
the first information dated 27.07.2025 received from
respondent No.2, who is the victim in the present case.
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HC-KAR
Apprehending arrest in the said case, appellants who are
arrayed as accused Nos.5 and 6 in the FIR, had filed
Criminal Miscellaneous No.982 of 2025 before the
Jurisdictional Sessions Court, which was rejected on
28.08.2025. Therefore, they are before this Court.
4. Perusal of the material on record would go to
show that on 24.04.2025 at about 11:00 a.m., when the
first informant and her relatives were putting up a shed in
their property, accused Nos.1 to 4, who are their relatives,
came there and objected for the same. Thereafter, accused
Nos.1 to 4 summoned accused Nos.5 and 6 to the said spot
and it is alleged that accused Nos.5 and 6, who came to the
spot, allegedly abused the victim lady referring to her caste
and also pulled her saree and tried to outrage her modesty.
It is further alleged that they pushed her down and kicked
her. In respect of the alleged incident that had taken place
on 24.04.2025, first information is submitted on
27.07.2025, which is after a period of more than three
months from the date of alleged incident. There is no such
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averment found in the first information, that when the
alleged incident took place, except the accused persons and
the victim, any other person was present at the said spot.
For the purpose of attracting the alleged offences
punishable under the provisions of the Scheduled Castes
and Scheduled Tribes (Prevention of Atrocities) Act, 1989,
the incident should have taken place in a public place, in
public view. Therefore, it becomes doubtful whether the
offences punishable under the provisions of Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act,
1989, gets attracted in the present case. The other offences
are not grave in nature.
5. Under the circumstances, the bar under Section
18 of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989, for granting
anticipatory bail to the accused cannot be strictly made
applicable in the present case against the appellants.
Therefore, I am of the opinion that prayer made by the
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HC-KAR
appellants for grant of anticipatory bail is required to be
answered affirmatively. Accordingly, the following:
ORDER
Criminal Appeal is allowed.
The order dated 28.08.2025 passed by the Court of III
Addl. Sessions Judge, Belagavi in Crl. Misc. No.982 of 2025
is set-aside and the jurisdictional Police or any other Police
of the State are directed to release the appellants in the
event of their arrest in Crime No.103 of 2025 registered by
Aigali Police Station, Belagavi for offences punishable under
Sections 3(1)(r), 3(2)(v-a) of the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989,
Sections 189(2), 191(2), 115(2), 324, 74, 351(2), 190 of
Bharatiya Nyaya Sanhita, 2023, subject to the following
conditions:
i. The appellants shall execute a personal bond for
a sum of Rs.1,00,000/- (Rupees one lakh only)
each with two sureties each for the like sum to
the satisfaction of the investigating officer.
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HC-KAR
ii. The appellants shall regularly appear before the
Trial Court without fail unless exempted by the
Trial Court for valid reasons.
iii. The appellants shall not tamper with the
prosecution witness and they shall co-operate
with the police for investigation and appear
before them whenever called upon.
iv. The appellants shall not involve in similar
offences in future.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
RSH / CT: BCK
