[Cites 7, Cited by 0]
Karnataka High Court
Shri. Mahesh S/O Ashok Naganur vs The State Of Karnataka on 3 February, 2026
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2026:KHC-D:1450
CRL.A No. 100831 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 3RD DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE V.SRISHANANDA
CRIMINAL APPEAL NO. 100831 OF 2025
(U/S 14 A(2) OF SC AND ST ACT)
BETWEEN:
SHRI. MAHESH S/O ASHOK NAGANUR
AGE. 24 YEARS,
R/O. MOUNESHWAR NAGAR,
BAILHONGAL - 591 102.
...APPELLANT
(BY SRI. SHARAD MALGOUND PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD, THROUGH SHO BAILHONGAL
POLICE STATION - 591 102.
2. SHRI SANTOSH S/O BABU MADIGAR,
AGE. 32 YEARS,
CHANDRASHEKAR
LAXMAN R/O. NAVALGATTI, BAILHONGAL,
KATTIMANI
DIST. BELAGAVI - 591 102.
...RESPONDENTS
(BY SRI. JAIRAM SIDDI, HCGP FOR R1;
Digitally signed by
CHANDRASHEKAR
LAXMAN
NOTICE SERVED TO R2)
KATTIMANI
Date: 2026.02.04
14:56:44 +0530
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14 A(2) OF
SC AND ST ACT 1989, PRAYING TO SET ASIDE THE ORDER PASSED BY
THE III ADDL. DISTRICT AND SESSIONS JUDGE BELAGAVI IN
CRIMINAL MISC NO. 001461/2025 DATED 28.11.2025. AND ALLOW
THIS CRIMINAL APPEAL AND GRANT ANTICIPATORY BAIL TO THE
APPELLANT/ACCUSED NO. 3 IN THE EVENT OF THEIR ARREST IN BAIL
HONGAL PS IN CR.NO. 180/2025 FOR THE ALLEGED OFFENCE
PUNISHABLE U/SEC. 189(2), 191(2), 115(2), 118(1), 118(1), 118(2),
109(1), 352, 351(2) R/W SEC. 190 OF BNS AND ALSO U/SEC. 3(1)(r),
3(1)(s) sec. 3(2)(v) 3(v-a) SC/ST PREVENTION OF ATROCITIES
AMENDMENT ACT 2025.
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NC: 2026:KHC-D:1450
CRL.A No. 100831 of 2025
HC-KAR
THIS CRIMINAL APPEAL COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)
1. Heard Sri. Sharad M. Patil, learned counsel for
the appellant and Sri. Jairam Siddi, learned High Court
Government Pleader for respondent No.1-State.
2. Respondent No.2 served with the notice and
remained absent.
3. Appeal under Section 14A(2) of Scheduled Castes
and Secheduled Tribes (Prevention of Atrocities) Act, 1989,
with the following prayer:
"Wherefore, the appellant most respectfully
prays that this Hon'ble Court may be pleased to
call for the records and
A. Set aside the order passed by the Hon'ble
III Addl. District and Sessions Judge, Belagavi in
Criminal Misc. No.001461/2025 dated
28/11/2025.
B. Allow this Criminal Appeal and grant
anticipatory bail to the appellant/Accused No.3 in
the event of their arrest in Bailhongal PS Crime
No.180/2025 for the alleged offences punishable
NC: 2026:KHC-D:1450
HC-KAR
U/Sec 189(2), 191(2), 115(2), 118(1), 118(2),
109(1), 352, 351(2) R/w Sec 190 BNS and also
U/Sec 3(1)(r), 3(1)(s) and 3(2)(v), 3(v-a) SC and
ST Prevention of Atrocities Amendment Act 2025
in the interest of justice."
4. Appellant is the accused No.3 in Special Case
No.615/2025 and facing the trial for the offences punishable
under Sections 189(2), 191(2), 115(2), 118(1), 118(2),
109(1), 352, 351(2) read with Section 190 of Bharatiya
Nyaya Sanhita, 2023 and Section 3(1)(r), 3(1)(s) and
3(2)(v), 3(2)(v-a) of Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act, 1989.
5. Admittedly, the appellant is shown as absconding
accused in the charge sheet. In order to find out whether
Section 18 of the Act is a bar to entertain the anticipatory
bail request of the appellant, this Court perused the
complaint and other material evidence on record collected in
the form of charge sheet.
6. On such perusal, prima facie materials are made
out against the present appellant to attract the offence
NC: 2026:KHC-D:1450
HC-KAR
under the Provisions of Prevention of Atrocities Act as there
is specific allegation that accused party have abused the
complainant in filthy language by taking out his caste name
in public.
7. Thus, the bar under Section 18 of the Act is
applicable in the case on hand. Hence, the following:
ORDER
(i) The appeal is dismissed.
(ii) However, noting the fact that other
accused persons in the same crime
has been granted bail, if the appellant
surrenders before the Trial Court, the
Trial Court may consider his bail
request in accordance with law
including the ground of parity.
Sd/-
(V.SRISHANANDA)
JUDGE
SMM CT:CMU
LIST NO.: 1 SL NO.: 2
