Karnataka High Court
Suresh S/O Ningappa Biradar vs The State Of Karnataka on 23 September, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2025:KHC-D:12921
CRL.A No. 100525 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 23RD DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY
CRIMINAL APPEAL NO. 100525 OF 2025
(U/S 14 A(2) OF SC AND ST ACT)
BETWEEN:
1. SURESH S/O NINGAPPA BIRADAR,
AGE. 25 YEARS, OCC. AGRICULTURE,
R/O. JAGADAL-587 311,
TQ. RABAKAVI-BANHATTI,
DIST. BAGALKOT.
2. VEERESH S/O NINGAPPA BIRADAR,
AGE. 27 YEARS, OCC. AGRICULTURE,
R/O. JAGADAL-587 311,
TQ. RABAKAVI-BANHATTI,
DIST. BAGALKOT.
3. BASAVARAJ S/O RAMAPPA HALEMANI @ RABAKAVI,
AGE. 32 YEARS, OCC. AGRICULTURE,
R/O. JAGADAL-587 311,
TQ. RABAKAVI-BANHATTI,
DIST. BAGALKOT.
RAKESH S
HARIHAR 4. MALLAPPA S/O MAHADEVI KENCHAVVAGOL,
Digitally signed by
RAKESH S HARIHAR
AGE. 34 YEARS, OCC. AGRICULTURE,
Location: HIGH COURT
OF KARNATAKA
DHARWAD BENCH
R/O. JAGADAL-587 311,
TQ. RABAKAVI-BANHATTI,
DIST. BAGALKOT.
5. SURESH S/O RAMAPPA NANDYAL,
AGE. 40 YEARS, OCC. AGRICULTURE,
R/O. JAGADAL-587 311,
TQ. RABAKAVI -BANHATTI,
DIST. BAGALKOT.
6. BOURAVVA NINGAPPA BIRADAR,
AGE. 42 YEARS, OCC. HOUSEHOLD WORK,
R/O. JAGADAL-587 311,
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NC: 2025:KHC-D:12921
CRL.A No. 100525 of 2025
HC-KAR
TQ. RABAKAVI-BANHATTI,
DIST. BAGALKOT.
... APPELLANTS
(BY SRI. PRASHANT S. KADADEVAR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
R/BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, AT: DHARWAD-580 011,
THROUGH ITS BANAHATTI P.S., BAGALKOT.
2. SUBHASH S/O JAYAPAL POL,
AGE. 35 YEARS, OCC. ADVOCATE,
R/O. JAGADAL-587 311,
TQ. RABAKAVI-BANHATTI,
DIST. BAGALKOT, NOW AT: BENGALURU,
VIJAYANAGARA S.D.S. P.G.-560 040.
... RESPONDENTS
(BY SMT. KIRTILATA R. PATIL, HCGP FOR R1;
SRI. SANTOSH BIRANAGI, ADVOCATE OF R2)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14A(2) OF
SC AND ST ACT, PRAYING TO ALLOW THIS CRIMINAL APPEAL AND SET
ASIDE THE IMPUGNED ORDER DATED 21.07.2025 PASSED BY THE IV
ADDL. DISTRICT AND SESSIONS JUDGE, BAGALKOTE IN CRL.
MISC.304/2025 IN BANAHATTI P.S. CR.NO.85/2025 AND TO ENLARGE
THE PETITIONERS NO.1 TO 6/ACCUSED NO.1 TO 6 ON ANTICIPATORY
BAIL IN THE EVENT OF THEIR ARREST FOR THE PUNISHABLE UNDER
SECTIONS 189(2), 191(2), 115(2), 74, 76, 324(3), 352, 190 OF BNS
AND 3(1)(R), 3(1)(S), 3(2)(V-A), 3(1)(W) OF PREVENTION OF
ATROCITIES ACT 1989, IN THE INTEREST OF JUSTICE.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT
IS DELIVERED THEREIN AS UNDER:
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NC: 2025:KHC-D:12921
CRL.A No. 100525 of 2025
HC-KAR
ORAL JUDGMENT
(PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY)
1. Accused Nos.1 to 6 in Crime No.85 of 2025
registered by Banahatti Police Station, Bagalkot, for
offences punishable under Sections 189(2), 191(2), 115(2),
74, 76, 324(3), 352 & 190 of BNS 2023 and Sections
3(1)(r), 3(1)(s), 3(2)(va) & 3(1)(w) of the Scheduled
Castes and the Scheduled Tribes (Prevention of Atrocities)
Act, 1989, are before this Court in this appeal filed under
Section 14A(2) of the Protection Of Children from Sexual
Offences Act, 2012 (for short, 'SC/ST (POA) Act'), seeking
anticipatory bail.
2. Heard learned counsel for the parties.
3. FIR in Crime No.85 of 2025 was registered by
Banahatti Police Station, Bagalkot for the aforesaid offences
against the appellants herein based on the first information
dated 14.06.2025 received from respondent No.2, who is
said to be an advocate by profession.
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4. Apprehending arrest in the case, appellants had
filed Criminal Misc.No.304 of 2025 before the Jurisdictional
Sessions Court, which was rejected on 21.07.2025.
Therefore, they are before this Court.
5. In the first information, which is submitted by
the respondent No.2, it is stated that on 10.06.2025, when
the respondent No.2 questioned the accused for spitting
near his house after chewing star gutka, the respondents
had quarrelled and abused him referring to his caste.
Thereafter, they also had allegedly assaulted him causing
injuries to him. When his mother Krishnabai tried to
interfere, the accused persons pushed her and tried to
outrage her modesty. In respect of the alleged incident that
had taken place on 10.06.2025, first information is
belatedly filed on 14.06.2025, which is after a period of 4
days from the alleged date of incident. No satisfactory
explanation has been offered by the first informant for the
inordinate delay of 4 days in approaching the police.
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HC-KAR
6. For the purpose of attracting the offences
punishable under the SC/ST (POA) Act, 1989, the alleged
act should have been committed by the accused in a public
place, in public view. Perusal of the averments found in the
first information would go to show that no other public was
present at the time of alleged incident at the spot of crime.
There is no such allegation that only for the reason that first
informant and his mother belong to scheduled caste, the
accused persons had abused and assaulted them.
Considering the aforesaid aspects of the matter, the bar
under Section 18 of the SC/ST (POA) Act cannot be made
strictly applicable to the case on hand. Under the
circumstances, I am of the opinion that the appellants who
are all agriculturist by avocation have made out a prima
facie case for grant of anticipatory bail. According the
following:
ORDER
i. Criminal Appeal is allowed.
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HC-KAR
ii. The order dated 21.07.2025 passed by
the IV Additional District and Sessions
Judge, Bagalkot in Criminal
Miscellaneous No.304/2025 is hereby
set aside.
The respondent - Police or any other Police in the
State of Karnataka are directed to release the appellants in
the event of their arrest in Crime No.85 of 2025 registered
by Banahatti Police Station, Bagalkot, for offences
punishable under Sections 189(2), 191(2), 115(2), 74, 76,
324(3), 352 & 190 of BNS 2023 and Sections 3(1)(r),
3(1)(s), 3(2)(va) & 3(1)(w) of the Scheduled Castes and
the Scheduled Tribes (Prevention of Atrocities) Act, 1989,
subject to the following conditions:
i. The appellants 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/- each with two sureties 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
KGK
CT:BCK
