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Karnataka High Court
Chandrashekhara S/O. Shambayya Mathad vs The State Of Karnataka on 24 March, 2026
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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CRL.A No. 100817 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 24TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
CRIMINAL APPEAL NO.100817 OF 2025
(U/S.14 A(2) of SC & ST ACT)
BETWEEN:
1. CHANDRASHEKHARA
S/O. SHAMBAYYA MATHAD,
AGE: 44 YEARS, OCC: BUSINESS,
R/O. H.NO.11, NEAR KALMESHWAR TEMPLE,
HIREMALLIGAWAD, DHARWAD,
PIN CODE 580007.
2. NINGAPPA S/O. BASAVARAJ TENGINKAI,
AGE: 34 YEARS, OCC: PRIVATE SERVICE,
Digitally signed
R/O. RAVIWAR PETH ONI, HEBBALLI,
by MALLIKARJUN
RUDRAYYA
KALMATH HEBBALLI, DIST. DHARWAD,
Location: High
Court of
Karnataka,
Dharwad Bench
PIN CODE-580112.
...APPELLANTS
(BY SRI M. M. KORIMATH, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
THROUGH DHARWAD DCRE POLICE STATION,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
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CRL.A No. 100817 of 2025
HC-KAR
SPP OFFICE, DHARWAD BENCH,
DHARWAD-580011.
2. MALLIKARJUN DEVENDRAPPA ROTTIGAWAD,
AGE: 57 YEARS, OCC: FARMER,
R/O. KANAVIHONNAPUR,
TQ. AND DIST. DHARWAD,
PIN CODE-580114.
...RESPONDENTS
(BY SRI JAIRAM SIDDI, HCGP FOR R1;
SRI MALLIKARJUN DEVENDRAPPA ROTTIGAWAD-PARTY IN PERSON)
THIS CRIMINAL APPEAL IS FILED UNDER SECTIONS
14A(2) OF SC/ST (POA) ACT, 1989, PRAYING TO PASS AN
ORDER GRANTING ANTICIPATORY BAIL IN FAVOUR OF
APPELLANTS/ACCUSED NO.1 AND NO.2 AND DIRECTING TO
RELEASE THE APPELLANTS /ACCUSED NO. 1 AND NO.2 ON BAIL,
IN THE EVENT OF THEIR ARREST IN DHARWAD DCRE P.S. CRIME
NO.2/2025 REGISTERED FOR THE OFFENCES PUNISHABLE
UNDER SECTIONS 115(2), 126(2), 352, 351(3), 3(5) R/W.
SECTIONS 3(1)(r), 3(1)(s), 3(2)(va) OF (PREVENTION OF
ATROCITIES) AMENDMENT BILL, BY SETTING ASIDE THE
ORDER DATED 28.11.2025 IN CRL.MISC NO.493/2025 ON THE
FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE,
DHARWAD AND ETC.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
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CRL.A No. 100817 of 2025
HC-KAR
ORAL JUDGMENT
This appeal is filed under Section 14(A)(2) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 19891, seeking to enlarge the
appellants/accused Nos.1 and 2 on anticipatory bail with the
following prayer:
"THEREFORE, on the above stated grounds and
any other grounds that may be submitted at the time
of hearing of this case, it is most respectfully prayed
that:
a) That the Hon'ble Court may kindly pleased to
pass an order granting anticipatory bail in favour of
appellants/accused No.1 and accused No.2 and
directing to release the appellants/accused No.1 and
No.2 on bail, in the event of their arrest in Dharwad
DCRE P.S. Crime No.2/2025 registered for the
offences punishable U/Sec.115(2), 126(2), 352,
351(3), 3(5) R/w Section 3(1)(r), 3(1)(s), 3(2)(va)
of (Prevention of Atrocities) Amendment Bill by
setting aside the order dated 28.11.2025 in
Crl.Misc.No.493/2025 on the file of II Addl. District
and Sessions Judge, Dharwad.
b) That, any other orders may kindly be passed,
that this Hon'ble Court deems proper in the facts and
circumstances of the case, in the interest of justice
and equity, as the present application regarding
grant of anticipatory bail, the matter may kindly be
treated as an urgent matter to prevent the abuse of
process of law."
Hereinafter referred to as the 'SC and ST Act'
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2. The brief case of the prosecution as per the
averments made in the complaint and FIR is that the
complainant belongs to a Scheduled Tribe and accused No.1
belongs to Lingayat Community and both were aware of
each other's caste. It is alleged that the appellant/accused
No.1 was collecting money for establishment of a college.
Accordingly, the complainant has paid a sum of Rs.50,000/-
to accused No.1 through PhonePe and accused No.1 had
also collected money from other persons. Thereafter,
accused No.1 has given a cheque of Rs.25 lakhs. However,
on 14.04.2025 at about 11.30 a.m., accused No.1 called
one Adarsh Parasannavar stating that he has given
instruction to Bank to stop payment of cheque and asked to
bring the cheque given by him and he will return amount.
Therefore, the complainant and others have gone to the
Parishram College. Since that day was being celebrated as
Children's Day, accused No.1 took the complainant and
others near Ramya Residency, located on the Hubli-
Dharwad bye-pass road. At that place, when the
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complainant asked for the amount, accused No.1 assaulted
the complainant, abused him by referring to his caste and
caused injuries. Therefore, the complainant went to KIMS
Hospital and took treatment therein. Based on the
complaint, a case was registered for the offence stated
above.
3. Notice was issued to respondent No.2, who has
appeared as party-in-person.
4. Heard Sri.M.M.Korimath, learned counsel for the
appellants, Sri.Jairam Siddi, learned HCGP appearing for
respondent No.1/State and Sri.Mallikarjun Devendrappa
Rottigawad, respondent No.2/party-in-person. Respondent
No.2/party-in-person has produced a pen drive.
5. Learned counsel for the appellants/accused Nos.1
and 2 submitted that the alleged incident was not taken
place and that the entire complaint averments are false and
filing of complaint is nothing but an abuse of process of
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Court. Therefore, prays to grant the benefit of anticipatory
bail to the appellants/accused Nos.1 and 2.
6. Learned HCGP and respondent No.2 have filed
statement of objections opposing the appeal and requested
that anticipatory bail cannot be granted to the
appellants/accused Nos.1 and 2. It is further submitted
that immediately after the incident, respondent No.2 went
to KIMS Hospital and therein he took treatment and
produced a copy of the medical certificate. It is further
submitted that anticipatory bail cannot be granted in view
of Sections 18 and 18A of the SC and ST Act.
7. Considering the rival submissions and the
averments made in the complaint and FIR, the alleged
incident is stated to have been occurred on 14.11.2025
between 4.30 p.m. and 5.30 p.m., whereas the complaint
was lodged by respondent No.2 on 17.11.2025 at 2.15
a.m., indicating a delay of three days in lodging the
complaint. Apparently upon perusal of the complaint, there
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is no explanation for the delay in lodging the complaint.
This delay can be considered during the trial, but not at this
stage. However, it is one of the factors to be considered
while deciding the bail application. Furthermore, the wound
certificate shows that the injuries stated to have been
sustained by respondent No.2 are simple in nature and that
he was treated as an outpatient.
8. It is the submission of learned counsel for the
appellants/accused Nos.1 and 2 that when the respondent
No.2 is alleging the happen of incident but as on that date
and time, the appellants/accused Nos.1 and 2 were in police
station and have produced a pen drive. To the counter,
respondent No.2 has also filed photograph and CCTV
Footage. Therefore, without expressing any opinion on the
merits of the case whether the offence was taken place or
not, as above discussed, that would be left to the trial, but
at this stage, the appellants/accused Nos.1 and 2 are to be
enlarged on anticipatory bail with conditions. Therefore, the
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appellants/accused Nos.1 and 2 are enlarged on
anticipatory bail, but without expressing any opinion on the
merits of the case.
9. Accordingly, I proceed to pass the following:
ORDER
a) The appeal is allowed.
b) The appellants/accused Nos.1 and 2 are enlarged
on bail in the event of their arrest in Crime
No.2/2025 of Dharwad DCRE Police Station,
registered for the offence punishable under
Sections 115(2), 126(2), 352, 351(3), 3(5) of
Bharatiya Nyaya Snahta (BNS), 2023 and under
Sections 3(1)(r), 3(1)(s), 3(2)(va) of the
Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Amendment Bill, 2015,
pending on the file of Special Court and II
Additional District and Sessions Judge, Dharwad,
subject to the following conditions:
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1) The appellants/accused Nos.1 and 2
shall appear before the trial Court and
shall seek for bail within ten days from
the date of receipt of a copy of this
order.
2) The appellants/accused Nos.1 and 2
shall execute a personal bond for a sum
of Rs.1,00,000/- along with one surety
for the like sum to the satisfaction of
the Trial Court.
3) The appellants/accused Nos.1 and 2
shall not indulge in the same offence or
any other criminal cases, till completion
of the trial.
4) The appellants/accused Nos.1 and 2 8
shall not leave the jurisdiction of the
Trial Court without prior permission of
the Court.
5) The appellants/accused Nos.1 and 2
shall not tamper and threaten the
prosecution witnesses in any manner.
6) The appellants/accused Nos.1 and 2
shall mark their attendance before the
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concerned police station on every
Saturday between 11.00 a.m. to 02.00
p.m.
7) The appellants/accused Nos.1 and 2
shall attend the Court regularly during
the trial without fail. If not attend for
consecutive two times, it entails
cancellation of bail.
8) Violation of any one of the conditions
would entitle the prosecution to seek
for cancellation of bail.
c) The order dated 28.11.2025 passed by the II
Addl. District and Sessions Judge, Dharwad, in
Crl.Misc.493/2025 is hereby set aside.
Sd/-
(HANCHATE SANJEEVKUMAR)
JUDGE
PMP para Nos.1 to 7
DR para Nos.8 to end
CT-AN
List No.: 2 Sl No.: 6
