[Cites 2, Cited by 0]
Karnataka High Court
Shri. Sambaji S/O Tanaji Kadakane vs The State Of Karnataka on 29 January, 2026
Author: V.Srishananda
Bench: V.Srishananda
-1-
NC: 2026:KHC-D:1107
CRL.A No. 100779 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 29TH DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE V.SRISHANANDA
CRIMINAL APPEAL NO. 100779 OF 2025
(U/S 14 A(2) OF SC AND ST ACT-)
BETWEEN:
1. SHRI. SAMBAJI S/O TANAJI KADAKANE
AGE. 30 YEARS, OCC. AGRICULTURE,
R/O. BUDULMUKH, PANGERI (B),
TALUK NIPPANI DISTRICT BELAGAVI 591237.
2. SHRI GURUNATH BABURAO SANDUGADE
AGE. 30 YEARS, OCC. AGRICULTURE,
R/O NO.2469, SANDUGADE GALLI PANGERI (B),
TALUK NIPPANI DISTRICT BELAGAVI 591237.
3. SHRI SHRIRANG A.K.A SONYA RAJARAM PARAKAR
AGE. 21 YEARS, OCC. AGRICULTURE,
R/O SANDUGADE GALLI, PANGERI (B),
TALUK NIPPANI DISTRICT BELAGAVI 591237.
4. SHRI DEEPAK ANAND JADHAV
AGE. 29 YEARS, OCC AGRICULTURE,
R/O. GALATAGA VILLATE NOW AT NEAR BUS STAND
Digitally signed by
CHANDRASHEKAR
JATRAT VILLAGE, TALUK NIPPANI,
LAXMAN
KATTIMANI DISTRICT BELAGAVI 591237.
Location: High
Court of Karnataka,
Dharwad Bench.
...APPELLANT
(BY SRI. SHARAD M. PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA DHARWAD
THROUGH SHO,
NIPPANI TOWN POLICE STATION BELAGAVI.
2. SHRI ADITYA SON OF SHRI RAJU PARANJAPE
AGE. 22 YEARS, OCC. STUDENT,
R/O. GALATAGA VILLAGE,
-2-
NC: 2026:KHC-D:1107
CRL.A No. 100779 of 2025
HC-KAR
NOW AT NEAR BUS STAND JATRAT VILLAGE,
TALUK NIPPANI DIST BELAGAVI-591237.
...RESPONDENTS
(BY SRI. PRAVEENA Y. DEVAREDDIYAVARA, HCGP FOR R1;
SRI. SAFAL HULI, ADVOCATE FOR SRI. SHIVARAJA S. BALLOLI,
ADVOCATE)]
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14 A(2) OF
SC AND ST ACT (POA) ACT 1989, PRAYING TO CALL FOR THE
RECORDS AND SET ASIDE THE ORDER PASSED BY THE III
ADDL.SESSIONS JUDGE BELAGAVI IN CRIMINAL
MISC.NO.001347/2025 DATED 21.11.2025 AND TO ENLARGE THE
APPELLANTS/ACCUSED NO.1 TO 4 ON BAIL IN NIPPANI TOWN P.S. IN
CR.NO.68/2025 FOR THE ALLEGED OFFENCES PUNISHABLE U/S
189(2), 191(2), 191(3), 115(2), 118(1), 352, 351(2) R/W SECTION
190 OF BNS AND ALSO U/S 3(1)(r) (s), SECTION 3(2)(v-a) OF SC AND
ST (PREVENTION OF ATROCITIES) AMENDMENT ACT 2015.
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 appellants, Sri. Praveena Y. Devareddiyavara, learned
High Court Government Pleader for respondent No.1-State
and Sri. Safal Huli, learned counsel appearing on behalf of
Sri. Shivaraj S. Balloli, learned counsel for respondent No.2.
2. Present appeal is filed by the accused Nos.1 to 4
in Crime No.68/2025 of Nippani Town Police, which is now
pending before the Special Court with the following prayer:
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HC-KAR
"Wherefore, the appellants 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. Sessions Judge, Belagavi in Cirminal Misc.
No.001347/2025 dated 21/11/2025.
B. The Hon'ble Court may kindly be pleased to
enlarge the appellants/accused Nos.1 to 4 on bail in
Nippani Town PS in Cr. No.68/2025 for the alleged
offences punishable U/Sec 189(2), 191(2), 191(3),
115(2), 118(1), 352, 351(2) R/w Sec 190 BNS and
also U/Sec 3(1)(r)(s) and 3(2)(v-a) SC and ST
Prevention of Atrocities Amendment Act 2025 in the
interest of justice."
3. In respect of an incident that occurred on
07.07.2025 at about 01.00 p.m., respondent No. 2 filed a
complaint with Nippani Town Police Station, which was
registered in Crime No.68/2025 for the following offences:
Sections 189(2), 191(2), 191(3), 115(2), 118(1),
352, 351(2) read with Section 190 of Bhartiya
Nyaya Sanhita, 2023 and also Sections 3(1)(r)(s)
and 3(2)(va) of the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act,
1989.
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HC-KAR
4. Police after registering the case, investigated the
matter, inter-alia arrested the present appellants on
10.07.2025 and after thorough investigation, filed the
charge sheet.
5. The attempt made by the appellants to obtain an
order of grant of bail is rejected by the learned Special
Judge and thereafter, they are before this Court in this
appeal.
6. Learned counsel for the appellants reiterating the
grounds urged in the appeal memorandum contended that
the injured has been discharged from the hospital with a
simple injury. The motive for the incident is teasing of a girl
belonging to the community of the respondent No.2 about
17 years earlier. Incident has occurred at the spur of
moment and therefore, continuation of the appellants in
judicial custody is no longer warranted and sought for
allowing the appeal.
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HC-KAR
7. Per contra, learned High Court Government
Pleader for respondent No.1-State and learned counsel for
respondent No.2 opposed the appeal grounds.
8. Having heard the arguments of both sides, this
Court perused the material on record meticulously.
9. On such perusal of the material on record, it is
evident that, the respondent No.2 lodged the complaint
stating that on 07.07.2025, when himself and his friends
had been to the B. T. Patil College and at that juncture,
these appellants joined together and assaulted respondent
No.2 and his friends and abused them in filthy language,
taking out their caste name, so as to degrade them in the
public and thus, sought for action.
10. Police after thorough investigation filed charge
sheet. Appellants/accused Nos.1 to 4 are in custody since
10.07.2025.
11. Taking note of the injuries sustained by the
appellants, the other attendant facts and circumstances,
and considering that the charge sheet has already been
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HC-KAR
filed and the investigation is complete, as well as the
injuries sustained by respondent No.2 and others, this Court
is of the considered opinion that continuation of the
appellants in judicial custody is no longer warranted.
12. Other apprehensions of the prosecution can be
met with by imposing suitable and stringent conditions.
13. Accordingly, the following:
ORDER
(i) Appeal is allowed.
(ii) Appellants are directed to be enlarged
on bail on executing personal bond in a
sum of Rs.1,00,000/- each with two
sureties each for the like sum to the
satisfaction of the learned Special
Judge.
(iii) Appellants shall not tamper the
prosecution witnesses in any manner.
(iv) Appellants shall attend the Court
regularly.
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HC-KAR
(v) Appellants shall not leave the
jurisdiction of Ballari District without
prior permission.
(vi) Appellants shall not repeat similar
offences.
Violation of any one of the conditions would entitle the
prosecution to seek for cancellation of bail.
Sd/-
(V.SRISHANANDA)
JUDGE
SMM, CT:CMU
LIST NO.: 2 SL NO.: 3
