Karnataka High Court
Kiran S/O Umesh Choudappanavar vs State Of Karnataka on 25 September, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2025:KHC-D:13223
CRL.A No. 100540 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 25TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL APPEAL NO. 100540 OF 2025
(U/S 14 A(2) OF SC AND ST ACT)
BETWEEN:
1. KIRAN S/O UMESH CHOUDAPPANAVAR,
AGED ABOUT 29 YEARS, OCC. WAITER,
R/O. ALAKATTI, TQ. YARAGTTI,
DIST. BELAGAVI-591 129.
2. ROHIT S/O YALLAPPA DHARWAD,
AGE. 25 YEARS, OCC. TILES FITTING,
R/O. HOUSE NO.96, 4TH CROSS,
AASHRAY COLONY, RUKMINI NAGAR,
BELAGAVI-590 016.
3. OMKAR S/O JANARDHAN ILLAGE,
AGE. 24 YEARS, OCC. PLUMBING,
Digitally
signed by
RAKESH S
R/O. ILLAGE GALLI, CHANDAGAD,
RAKESH HARIHAR
S Location:
HIGH
HARIHAR COURT OF
TQ. CHANDGAD, DIST. KOLAHAPUR,
KARNATAKA
DHARWAD
BENCH
MAHARASHTRA STATE.
... APPELLANTS
(BY SRI. GURUKIRAN ASHOK HANAGANDHI, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
THROUGH MALAMARUTHI P.S. BELAGAVI,
R/BY LEARNED HCGP,
HIGH COURT OF KARNATAKA,
BENCH AT DHARWAD.
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CRL.A No. 100540 of 2025
HC-KAR
2. SHRI RAJU SON OF BHAIRU NAIK,
AGED 34 YEARS, R/O. H.NO.486/B/2,
VAJANTRI GALLI, HONAGA,
TQ. AND DIST. BELAGAVI-591 156.
3. SHRI PRASHANT S/O SIDDARAYI SATYANAIK,
R/O. RAMTEERTH NAGAR, BELAGAVI-590 001.
4. SHRI GOVIND TIWARI,
R/O. RAMTEERTH NAGAR,
BELAGAVI-590 001.
... RESPONDENTS
(BY SMT. KIRTILATA R. PATIL, HCGP FOR R1;
R2, R3 AND R4 ARE SERVED AND UNREPRESENTED)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14-A(2)
OF SC / ST (POA) ACT, 1989, PRAYING TO GRANT REGULAR
BAIL TO THE APPELLANTS/ACCUSED NOS.1, 3 AND 4 PURSUANT
TO AN FIR REGISTERED BY MALAMARUTHI POLICE STATION
CRIME NO.89/2025 FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 115(2), 109, 352, 351(3), 3(5) OF BHARATIYA NYAYA
SANHITA, 2023 AND IN SC / ST (POA) AMENDMENT ACT, 2015
UNDER SECTIONS 3(1)(R), 3(1)(S), 3(2)(V), 3(2)(VA) AND
INDIAN ARMS ACT, 1959 UNDER SECTION 27(1) AND SET
ASIDE THE ORDER DATED 14.08.2025 PASSED IN CRL. MISC.
NO.756/2025 BY III ADDL. DISTRICT AND SESSIONS COURT,
BELAGAVI DISTRICT, BELAGAVI, IN RESPECT OF APPELLANTS
(A1, A3 AND A4) HEREIN, ENDS OF PROMOTING JUSTICE.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
JUDGMENT IS DELIVERED THEREIN AS UNDER:
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CRL.A No. 100540 of 2025
HC-KAR
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)
Accused Nos.1, 3 and 4 in Crime No.89 of 2025
registered by Malamaruthi Police Station, Belagavi, for
offences punishable under Sections 115(2), 109, 352,
351(3), 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections
3(1)(r), 3(1)(s), 3(2)(v), 3(2)(va) of the Scheduled Castes
and Scheduled Tribes (Prevention of Atrocities) Amendment
Act, 2015 and Section 27(1) of Indian Arms Act, 1959, are
before this Court in this appeal filed under Section 14-A(2)
of the Scheduled Castes and Scheduled Tribes (Prevention
of Atrocities) Act, 1989, seeking regular bail.
2. FIR in Crime No.89 of 2025 was registered by
Malamaruthi Police Station, Belagavi, for the aforesaid
offences against Kiran and others, based on the first
information dated 03.06.2025 received from Raju Bairu
Naik, who is one of the injured victims in the present case.
During the course of investigation, appellants herein were
arrested on 03.06.2025 and in their remand application,
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they were arraigned as accused Nos.1, 3 and 4. Their bail
application filed before the Jurisdictional Sessions Court in
Criminal Miscellaneous No.756 of 2025 was rejected on
14.08.2025. Therefore, they are before this Court.
3. Heard the learned counsel for the appellants and
learned HCGP for respondent No.1. Respondent Nos.2, 3
and 4, who are the first informant and the victims
respectively, in the present case, are served and
unrepresented before this Court.
4. Perusal of the averments found in the first
information submitted by one of the injured victim would go
to show that on 02.06.2025 at about 10:00 p.m., the
injured in the present case had gone to Ashirwad Bar and
Restaurant for a party. Accused No.1 is said to be working
as a waiter in the said bar and restaurant. Accused No.1
and other waiters allegedly had quarrelled with the victims
in the present case over the issue of using tissue papers
and thereafter, at about 11.30 p.m., outside the aforesaid
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bar and restaurant, the accused persons allegedly had
abused the victims referring to their caste and had
assaulted them. In the alleged assault, Prashant Siddarayi
Satyanaik has suffered grievous injuries and other two
victims have suffered simple injuries. Prashant Siddarayi
Satyanaik has suffered 14 grievous injuries in the present
case and he was admitted in the hospital for a period of
nearly 11 days. Allegation of assaulting Prashant Siddarayi
Satyanaik with a dragger is found against accused No.2,
who is the brother of accused No.1. So far as appellants
herein are who are arraigned as accused Nos.1, 3 and 4 in
the present case are concerned, there is no allegation
against them about assaulting the injured victims with any
weapons.
5. Undisputedly, the appellants herein do not have
criminal antecedent. Investigation of the case is completed
and charge sheet has been filed. Therefore, I am of the
opinion that prayer made by the appellants for grant of
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regular bail needs to be answered affirmatively.
Accordingly, the following:
ORDER
Criminal Appeal is allowed.
The order dated 14.08.2025 passed by the Court of III
Additional Sessions Judge, Belagavi in Criminal
Miscellaneous No.756 of 2025, as against the appellants
herein, is hereby set aside.
The appellants are directed to be enlarged on bail in
Criminal Miscellaneous No.756 of 2025 pending before the
Court of III Additional Sessions Judge, Belagavi, arising out
of Crime No.89 of 2025 registered by Malamaruthi Police
Station, Belagavi, for offences punishable under Sections
115(2), 109, 352, 351(3), 3(5) of Bharatiya Nyaya Sanhita,
2023 and Sections 3(1)(r), 3(1)(s), 3(2)(v), 3(2)(va) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Amendment Act, 2015 and Section 27(1) of
Indian Arms Act, 1959, subject to the following conditions:
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i. The appellants shall execute personal bond for a
sum of Rs.1,00,000/- each with two sureties
each for the like sum to the satisfaction of the
jurisdictional Court;
ii. The appellants shall appear regularly on all the
dates of hearing before the Trial Court unless
the Trial Court exempts their appearance for
valid reasons;
iii. The appellants shall not directly or indirectly
threaten or tamper with the prosecution
witnesses;
iv. The appellants shall not involve in similar
offences in future;
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
RSH / CT: BCK
