Citation : 2025 Latest Caselaw 8720 Kant
Judgement Date : 23 September, 2025
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NC: 2025:KHC-D:12917
CRL.A No. 100609 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. 100609 OF 2025
(U/S 14 A(2) OF SC AND ST ACT)
BETWEEN:
SANDEEP S/O LAXMAN JINDRALI,
AGED ABOUT 27 YEARS,
R/O. ANNABEGUM, HUKKERI,
TQ. HUKKERI, DIST. BELAGAVI-590 028.
... APPELLANT
(BY SRI. SRINIVAS NAIK, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA, DHARWAD BENCH,
THROUGH SANKESHWAR POLICE STATION,
HUKKERI CIRCLE, BELAGAVI DISTRICT-580 011.
2. SMT. SANGEETA W/O BABU HANUMANTAGOL,
AGED ABOUT 43 YEARS, R/O. AMMANAGI VILLAGE,
TQ. HUKKERI, DIST. BELAGAVI-590 028.
... RESPONDENTS
RAKESH S (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1;
HARIHAR R2-SERVED)
Digitally signed by
RAKESH S HARIHAR
Location: HIGH COURT
OF KARNATAKA
DHARWAD BENCH THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14A(2) OF
SC/ST (POA) ACT, 1989, PRAYING TO SET ASIDE THE ORDER DATED
14/08/2025 PASSED BY THE III ADDITIONAL SESSIONS JUDGE,
BELAGAVI, IN CRIMINAL MISCELLANEOUS NO.873/2025 (CRIME
NO.113/2025 OF SANKESHWAR POLICE STATION), FOR THE
OFFENCES PUNISHABLE UNDER SECTION 108 OF BNS 2023 AND
3(2)(V) OF SC/ST ACT WHEREIN THE BAIL APPLICATION FILED BY THE
APPELLANT UNDER 483 OF BNSS IS REJECTED AND CONSEQUENTLY,
ALLOW THE APPEAL AND ENLARGE THE APPELLANT/ACCUSED ON
REGULAR BAIL IN CRIME NO.113/2025 OF SANKESHWAR POLICE
STATION, FOR THE OFFENCES UNDER SECTION 108 OF BNS 2023,
AND UNDER SECTION 3(2)(V) OF THE SC/ST (PREVENTION OF
ATROCITIES) AMENDMENT ACT 2015.
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NC: 2025:KHC-D:12917
CRL.A No. 100609 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)
1. Accused in Crime No.113 of 2025 registered by
Sankeshwar Police Station, Belagavi district, for offence
punishable under Section 108 of BNS 2023 and Section
3(2)(v) of the Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Amendment Act, 2015, is before
this Court in this appeal filed under Section 14A(2) of
the Scheduled Castes and the Scheduled Tribes (Prevention
of Atrocities) Amendment Act, 2015, seeking regular bail.
2. Heard learned counsel for the appellant and
learned HCGP for respondent No.1. Respondent No.2 who is
the mother of the deceased is served and un-represented
before this Court.
3. FIR in Crime No.113 of 2025 was registered by
Sankeshwar Police Station, Belagavi district, for the
aforesaid offences against the appellant herein based on the
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HC-KAR
first information dated 20.06.2025 received from
respondent No.2, who is the mother of deceased Suprita
Babu Hanumantagol, aged about 21 years. During the
course of investigation, the appellant was arrested in the
present case on 20.06.2025 and subsequently remanded to
judicial custody. His bail application filed before the
Jurisdictional Sessions Court in Criminal Misc.No.873 of
2025 was rejected on 14.08.2025. Therefore, he is before
this Court.
4. Perusal of the averments found in the first
information would go to show that the deceased belonged
to scheduled caste and appellant allegedly belong to higher
caste. Appellant and the deceased were in love for a period
of more than 2 years and appellant allegedly had assured to
the deceased that he will marry her. Subsequently,
appellant refused to marry the deceased for the reason that
she belongs to schedule caste and therefore his parents
were not willing to perform their marriage. On 20.06.2025
deceased had committed suicide in her house by hanging
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HC-KAR
herself and it is under these circumstances FIR was
registered against the appellant for the aforesaid offences.
5. Investigation of the case is now completed and
charge sheet is filed against the appellant for the aforesaid
offences. Even in the charge sheet it is alleged that
appellant and deceased were in love and subsequently he
had refused to marry her for the reason that she belongs to
scheduled caste and his parents will not be agreeing for
their marriage. It is further alleged in the charge sheet that
on 20.06.2025 at about 11.00 a.m., deceased had met
appellant and they had quarrelled with each other after the
appellant refused to marry the deceased. It is also alleged
that appellant had assaulted deceased with his hand on her
temple region and thereafter she had returned home and
had committed suicide by hanging herself at about 15.30
hours.
6. From the averments found in the first
information as well as in the charge sheet, it is apparent
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HC-KAR
that appellant and respondent were in love for a
considerable period of more than 2 years and it appears
that since the parents of the appellant were not willing to
perform their marriage, the relationship between the parties
had strained. Merely for the reason that in the quarrel that
had taken place on 20.06.2025, the appellant had assaulted
the deceased on her temple region with his hands, it cannot
be said that he had instigated or abetted her to commit
suicide. Appellant, who has no other criminal antecedent, is
in custody for the last nearly 3 months. The investigation is
completed and allegations found in the charge sheet are
required to be proved against the appellant in a full fledged
trial. The alleged offence is not punishable with life
imprisonment or death sentence. Under the circumstances,
I am of the opinion that the prayer made by the appellant is
to be answered in the affirmative. Accordingly, the following:
ORDER
i. Criminal Appeal is allowed.
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HC-KAR
ii. The order dated 14.08.2025 passed by the III
Additional District and Sessions Judge, Belagavi
in Criminal Misc.No.873/2025 is hereby set aside
and the appellant is directed to be enlarged on
bail in Crime No.113 of 2025 registered by
Sankeshwar Police Station, Belagavi district, for
offence punishable under Section 108 of BNS
2023 and Section 3(2)(v) of the Scheduled
Castes and the Scheduled Tribes (Prevention of
Atrocities) Amendment Act, 2015, subject to the
following conditions:
a. The appellant shall execute personal bond for
a sum of Rs.1,00,000/- with 2 sureties for the
likesum to the satisfaction of the jurisdictional
Court;
b. The appellant shall appear regularly on all the
dates of hearing before the Trial Court unless
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HC-KAR
the Trial Court exempts his appearance for
valid reasons;
c. The appellant shall not directly or indirectly
threaten or tamper with the prosecution
witnesses;
d. The appellant shall not involve in similar
offences in future.
e. The appellant shall not leave the jurisdiction of
the Trial Court without permission of the said
Court until the case registered against him is
disposed off.
Sd/-
(S.VISHWAJITH SHETTY) JUDGE
KGK CT:BCK
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