[Cites 2, Cited by 0]
Karnataka High Court
Mathin vs The State on 6 January, 2026
-1-
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CRL.A No. 200272 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 6TH DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE RAJESH RAI K
CRIMINAL APPEAL NO. 200272 OF 2025 (U/S 14 (A) (2)
BETWEEN:
MATHIN
S/O USMANGANI MOMIN @ DADDU MOMIN,
AGE 19 YEARS, OCC: BUSINESS,
R/O. INDI, TQ. INDI, VIJAYAPURA-586 209.
...APPELLANT
(BY SRI VISHAL PRATAP SINGH, ADVOCATE)
AND:
Digitally 1. THE STATE, THROUGH INDI PS VIJAYAPUR
signed by REPRESENTED BY ADDL. SPP,
SHIVALEELA HIGH COURT KALABURAGI BENCH,
DATTATRAYA KALABURAGI-585 412.
UDAGI
Location: 2. DHAMU S/O. GANU JADHAV,
HIGH COURT AGE 43 YEARS, OCC: BUSINESS,
OF
R/O. INGALGI LT NO.1,
KARNATAKA
TQ. INDI, DIST. VIJAYAPURA-586 209.
...RESPONDENTS
(BY SRI JAMADAR SHAHABUDDIN, HCGP FOR R1;
SRI S.V.DESHMUKH, ADV. FOR R2)
THIS CRIMINAL APPEAL IS FILED U/SEC. 14-A OF SC/ST
(PA) ACT, PRAYING TO SET ASIDE THE ORDER DATED 17-02-
-2-
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CRL.A No. 200272 of 2025
HC-KAR
2025 IN CRL.MISC NO.106/2025 AND TO GRANT THE RELIEF
OF REGULAR BAIL TO PETITIONER/ APPELLANT-ARRAIGNED AS
ACCUSED NO.3 IN CRIME NO.56/2024 REGISTERED BY THE
INDI P.S AND CHARGED WITH OFFENCES PUNISHABLE U/S
61(2), 49, 126(2), 103(1) (2), 351(2), 352, 238 R/W 190 OF
THE BNS, 2023 A/W S.3(2)(v) OF SC/ST (POA) ACT IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE RAJESH RAI K
ORAL JUDGMENT
This appeal is filed under Section 14A(2) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 [for short, 'the SC/ST (POA) Act'] for
grant of bail in Crime No.56/2024 registered by the Indi
Police for the offences punishable under Sections 61(2),
49, 126(2), 103(1)(2), 351(2), 352, 238 read with Section
190 of Bharatiya Nyaya Sanhita, 2023 [for short, 'the BNS,
2023'] and Section 3 (2) (v) of the SC/ST (POA) Act,
presently pending in Spl.Case (SC/ST) No.74/2024 on the
file of II Addl. District and Sessions and Special Judge,
Vijayapur.
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HC-KAR
2. The factual matrix of the case is that
respondent No.2 - Dhamo Jadhav is the resident of
Ingalagi Tanda and running hotel by name 'Sagar Kinara'.
His son Sanket was studying in 10th standard in
Government High School, Indi. On 29.11.2023 at
Vivekanand Circle of Indi, there was a quarrel between his
son Sanket and Satish Sasvekar and Dhanaraj Kshatri, at
that time, his son assaulted them with the knife and they
were admitted in Arogyadham hospital at Vijayapura. As
such, the complainant went to the hospital and paid
Rs.1,80,000/- towards medical expenses to them. In this
regard, a case was registered against complainant's son -
Sanket in Indi police station.
3. Later, on 14.09.2024 at about 5.00 p.m. when
the complainant was in his hotel along with his son, some
unknown person ordered the food. To deliver the same,
complainant's son - Sanket and his friend Preetam went on
a motor cycle bearing Reg.No.KA-28/Y-9471. Thereafter,
at about 6.45 p.m. the complainant received a telephone
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HC-KAR
call from Preetam i.e. his son's friend that, when they
were near Mavinahalli main Canal, Agarkhed road, the
appellant and others restrained them and thereafter
assaulted complainant's son - Sanket with a knife due to
which he succumbed to the injuries at the spot. Based on
such information, the complaint was registered.
4. Thereafter, the respondent - police arrested the
appellant on 15.09.2024. Later, after completing the
investigation, charge sheet has been filed against the
appellant and five others. The appellant had earlier
approached this Court in Criminal Appeal No.200091/2025
which came to be dismissed on 13.05.2025 with liberty to
approach this Court or the Trial Court after examination of
CW-16/eye-witness to the incident.
5. According to the learned counsel for the
appellant, at present the trial has commenced and CW-16
- eyewitness has been examined as PW-4. Hence, the
present petition.
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HC-KAR
6. I have perused the charge sheet materials and
also the deposition of PW-4 i.e., CW-16. On careful
perusal of his evidence, it is seen that he has totally
turned hostile to the prosecution case. Though the Public
Prosecutor has cross-examined the said witness, nothing
has been elicited from his mouth. Further, according to
the learned counsel for the appellant, the father of the
deceased, who is the complainant, has also not supported
the case of the prosecution. In such circumstances, the
custodial incarceration of the appellant is not called for.
Hence, without expressing any opinion on the merits of
the case, suffice to hold that the prayer sought for by the
appellant could be granted. Accordingly, I pass the
following:
ORDER
i. The Criminal Appeal is allowed.
ii. The order dated 17.02.2025 passed in
Crl.Misc.No.106/2025 by the II Addl. District and
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HC-KAR
Sessions and Special Judge, Vijayapura is hereby
set aside.
iii. The appellant/accused No.3 is directed to be
enlarged on bail in Spl.C.(SC/ST) No.74/2024
pending on the file of II Additional District and
Sessions and Special Judge, Vijayapura arising
out of Crime No.56/2024 registered by Indi
Police Station, for the offences punishable under
Sections 61(2), 49, 126(2), 103(1)(2), 351(2),
352, 238 read with Section 190 of BNS, 2023
and Section 3(2)(v) of the SC/ST (POA) Act,
subject to the following conditions:
a) The appellant shall execute a personal
bond for a sum of Rs.1,00,000/- with
two 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 the Trial Court
exempts his appearance for valid
reasons;
c) The appellant shall not directly or
indirectly threaten or tamper with the
prosecution witnesses;
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HC-KAR
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.
f) The appellant shall mark his
attendance before the Station House
Officer, Indi Police Station, on first
Sunday of every month between 10.00
a.m. and 01.00 p.m. till the case
registered against him is disposed off
before the Trial Court.
Sd/-
(RAJESH RAI K)
JUDGE
SWK
List No.: 1 Sl No.: 5
CT:RJ
