Karnataka High Court
Nihal Ahamad S/O Jafarsab Mannur vs State Of Karnataka on 26 September, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2025:KHC-D:13474
CRL.A No. 100507 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 26TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL APPEAL NO. 100507 OF 2025
(U/S 14 A(2) OF SC AND ST ACT)
BETWEEN:
NIHAL AHAMAD S/O JAFARSAB MANNUR,
AGE. 26 YEARS, OCC. COOLIE,
R/O. NAGENDRANAMATTI, HAVERI,
TQ. AND DIST. HAVERI-581 110.
... APPELLANT
(BY SRI. VIDYASHANKAR G. DALWAI, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
REPRESENTED BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING, DHARWAD, THROUGH HAVERI
TOWN POLICE STATION, HAVERI-581 110.
2. SHRI RAKESH S/O RANGAPPA HERAKAL,
AGE. 32 YEARS, OCC. PRIVATE WORK,
R/O. AMBEDKAR CIRCLE, HAVERI-581 110.
... RESPONDENTS
(BY SMT. KIRTILATA R. PATIL, HCGP FOR R1;
Digitally
R2-SERVED AND UNREPRESENTED)
signed by
RAKESH S
RAKESH HARIHAR
S Location:
HIGH
HARIHAR COURT OF
KARNATAKA
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14A(2) OF
DHARWAD
BENCH
SC/ST (POA ACT) 1989, PRAYING TO SET ASIDE THE ORDER OF
REJECTION OF THE BAIL APPLICATION IN CRIME NO.113/2025
HAVERI TOWN P.S. DATED 21.08.2025 BY I ADDL. DISTRICT AND
SESSIONS JUDGE AND SPECIAL JUDGE, HAVERI, THE
APPELLANT/ACCUSED NO.7 HAVE PREFERRED THIS CRIMINAL APPEAL
SEEKING REGULAR BAIL IN CRIME NO.113/2025 OF HAVERI TOWN
P.S. FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 189(2),
191(2), 108, 132, 352, 351(3) R/W SECTION 190 OF BNS 2023 AND
SECTION 3(1)(R) AND 3(2)(VA) OF SC/ST (PREVENTION OF
ATROCITIES) ACT.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT
IS DELIVERED THEREIN AS UNDER:
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NC: 2025:KHC-D:13474
CRL.A No. 100507 of 2025
HC-KAR
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)
1. Accused No.7 in Crime No.113/2025 registered by
Haveri Town Police Station, Haveri, for the offences punishable
under Sections 189(2), 191(2), 132, 351(3), 352 and 190 of IPC
and Sections 3(1)(r) and 3(2)(va) of SC/ST (POA) Act, is before
this Court in this appeal filed under Section 14(A)(2) of the
SC/ST (POA) Act, seeking regular bail.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.113/2025 was registered by Haveri
Town Police Station, Haveri, for the aforesaid offences against
Akashata and others based on the first information dated
23.06.2025 received from respondent No.2, who is the son of
deceased Rangappa Herakal. During the course of investigation,
appellant herein was arrested on 15.07.2025 and subsequently,
remanded to judicial custody. His bail application filed before the
Trial Court in Crime No.113/2025 was rejected on 21.08.2025. It
is under these circumstances, he is before this Court.
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HC-KAR
4. Learned counsel for the appellant submits that
accused Nos.1, 2 and 4 have been granted regular bail by this
Court in Criminal Appeal No.100467/2025 and accused Nos.3
and 5 have been granted anticipatory bail by this Court in
Criminal Appeal No.100468/2025. Though initially FIR was
registered in the present case invoking offence punishable under
Section 108 of BNS 2023, in the charge sheet which is now filed,
the said offence has been dropped and it is under these
circumstances, the aforesaid accused have been granted regular
bail and anticipatory bail by this Court.
5. Per contra, learned HCGP has opposed the prayer
made in the appeal.
6. Perusal of the material on record would reveal that
first information in the present case was filed on 23.06.2025 by
respondent No.2, who is the son of deceased Rangappa Herakal.
He has stated that on 05.06.2025 when deceased, who was
working as a Powra Karmika had gone to remove the banners
and flex boards as per the orders passed by the Commissioner of
CMC, Haveri, accused No.1 allegedly had abused him referring to
his caste and also obstructed him from discharging his duties.
NC: 2025:KHC-D:13474
HC-KAR
The other accused also had abused him and criminally
intimidated him. In the background of the aforesaid incident that
had taken place on 05.06.2025, Rangappa Herakal had
consumed insecticide on 19.06.2025 and thereafter, he was
immediately shifted to a Hospital. However, he died in the
Hospital on 23.06.2025. It is under these circumstances, FIR was
registered against the accused invoking the offence punishable
under Section 108 of BNS, 2023. After completing investigation,
charge sheet has been filed only for the aforesaid offences and
offence punishable under Section 108 of BNS, 2023, has been
dropped. Considering the nature of allegations found in the
charge sheet against accused, accused Nos.1, 2 and 4 have been
granted regular bail and accused Nos.3 and 5 have been granted
anticipatory bail by this Court in Crl.A.No.100467/2025 and
Crl.A.No.100468/2025 respectively. Under the circumstances, I
am of the opinion that the appellant herein, who is arrayed as
accused No.7 in the charge sheet, is also entitled for the relief of
regular bail. Accordingly, the following order:-
7. The Criminal Appeal is allowed. The order dated
21.08.2025 passed by the I Addl. District and Sessions Judge
NC: 2025:KHC-D:13474
HC-KAR
and Special Judge, Haveri, in Crime No.113/2025, is hereby set-
aside and the appellant is directed to be enlarged on bail in
Crime No.113/2025 registered by Haveri Town Police Station,
Haveri, for the offences punishable under Sections 189(2),
191(2), 132, 351(3), 352 and 190 of IPC and Sections 3(1)(r)
and 3(2)(va) of SC/ST (POA) Act, subject to the following
conditions:
a) Appellant shall execute personal bond for a
sum of Rs.1,00,000/- with two sureties for the
like sum, to the satisfaction of the jurisdictional
Court;
b) The appellant shall appear regularly on all the
dates of hearing before the Trial Court unless
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
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HC-KAR
Court until the case registered against him is
disposed off.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
DN
CT:BCK
