Karnataka High Court
Smt. Akshata S/O Karabasappa Chalavadi vs State Of Karnataka on 2 September, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2025:KHC-D:11226
CRL.A No. 100468 of 2025
C/W CRL.A No. 100467 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 2ND DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL APPEAL NO. 100468 OF 2025
C/W
CRIMINAL APPEAL NO. 100467 OF 2025
(U/S 14 A(2) OF SC AND ST ACT)
IN CRL.A. NO.100468 OF 2025:
BETWEEN:
1. SUBBU @ SUBHAS
S/O SHEKAPPA BHAJANTRI,
AGE. 20 YEARS, OCC. COOLIE,
R/O. KORAVAR ONI, HAVERI,
DIST. HAVERI-581 110.
2. SHRI JAGADEESH
S/O NAGAPPA MANEGAR,
AGE. 30 YEARS, OCC. AGRICULTURE,
Digitally
signed by
RAKESH S
R/O. KARJAGI, TQ. AND DIST. HAVERI-581 112.
RAKESH HARIHAR
S
HARIHAR
Location:
HIGH COURT
OF
... APPELLANTS
KARNATAKA
DHARWAD
BENCH
(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.
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CRL.A No. 100468 of 2025
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HC-KAR
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;
SRI. GOPAL B. PATIL, ADVOCATE FOR R2)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14 (A)
(2) OF SC AND ST (POA) ACT 1989, PRAYING TO SET ASIDE THE
ORDER OF REJECTION OF THE BAIL APPLICATION IN CRL. MISC.
NO.479/2025 (CRIME NO.113/2025) DATED 22.07.2025 BY I
ADDL. DISTRICT AND SESSIONS JUDGE AND SPECIAL JUDGE,
HAVERI, THE APPELLANTS HAVE PREFERRED THIS CRIMINAL
APPEAL SEEKING ANTICIPATORY 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, IN THE EVENT OF
ARREST.
IN CRL.A. NO. 100467 OF 2025:
BETWEEN:
1. SMT. AKSHATA S/O KARABASAPPA CHALAVADI,
AGE. 34 YEARS, OCC. SOCIAL WORK,
R/O. NAGENDRANAMATTI, HAVERI,
TQ. AND DIST. HAVERI-581 110.
2. SHRI SHANTAPPA S/O ARUNA KORAVAR,
AGE. 22 YEARS, OCC. COOLIE,
R/O. KORAVAR ONI, HAVERI,
TQ. AND DIST. HAVERI-581 110.
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NC: 2025:KHC-D:11226
CRL.A No. 100468 of 2025
C/W CRL.A No. 100467 of 2025
HC-KAR
3. SHRI ARJUN S/O SHANTAPPA ARUNA KORAVAR,
AGE. 20 YEARS, OCC. COOLIE,
R/O. KORAVAR ONI, HAVERI,
TQ. AND DIST. HAVERI-581 110.
... APPELLANTS
(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;
SRI. GOPAL B. PATIL, ADVOCATE FOR R2)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14
(A)(2) OF SC AND ST (POA) ACT 1989, PRAYING TO CALL FOR
RECORDS AND SET-ASIDE THE DISMISSAL ORDER DATED
22.07.2025 IN CRIME NO.113/2025 PASSED BY THE I ADDL.
DISTRICT AND SESSIONS JUDGE AND SPECIAL JUDGE HAVERI
AND ENLARGE THE APPELLANTS/ACCUSED NO.1, 2 AND 4 ON
REGULAR BAIL IN CRIME NO.113/2025 OF HAVERI TOWN PS
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, IN THE EVENT OF ARREST.
THESE APPEALS ARE COMING ON FOR ORDERS THIS DAY,
JUDGMENT IS DELIVERED THEREIN AS UNDER:
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CRL.A No. 100468 of 2025
C/W CRL.A No. 100467 of 2025
HC-KAR
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)
1. Accused Nos.1 to 5 are before this Court in these two appeals filed under Section 14A(2) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 seeking regular bail and anticipatory bail in Crime No.113 of 2025 registered by Haveri Town Police Station, Haveri, for offences punishable under Section 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.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.113 of 2025 was registered by Haveri Town Police Station, Haveri, for the aforesaid offences against the appellants herein and two others based on the first information dated 23.06.2025 received from respondent no.2 who is the son of deceased Rakesh Herakal. During the course of investigation accused nos.1, 2 and 4 were arrested on 04.07.2025 and subsequently, -5- NC: 2025:KHC-D:11226 CRL.A No. 100468 of 2025 C/W CRL.A No. 100467 of 2025 HC-KAR remanded to judicial custody. Their bail application filed before the Jurisdictional Sessions Court in Haveri T.PS. Crime No.113 of 2025 was rejected on 22.07.2025. Therefore, they are before this Court in Criminal Appeal No.100467 of 2025. Apprehending arrest in the case accused Nos.3 and 5 had filed Criminal Misc.No.479 of 2025 before the jurisdictional Sessions Court, which was rejected on 22.07.2025. Therefore, they are before this Court in Criminal Appeal No.100468 of 2025.
4. Perusal of the material on record would go to show that in the first information which is 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 Rangappa Herakal, who was working as a Paurakarmika, had gone to remove a banner pursuant to the orders passed by the Commissioner of Town Municipality, accused no.1 allegedly had abused him referring to his caste and also obstructed him from -6- NC: 2025:KHC-D:11226 CRL.A No. 100468 of 2025 C/W CRL.A No. 100467 of 2025 HC-KAR discharging his duties. The other accused persons also had abused him and had criminally intimidated him.
5. In the background of the said incident, on 19.06.2025, Rangappa Herakal had consumed insecticide and thereafter, he was immediately admitted to a hospital. However, he had died in the hospital on 23.06.2025. It is under these circumstances, first informant had approached the police on 23.06.2025 alleging that accused named in the FIR were the cause for his father's death. During the course of investigation accused nos.1, 2 and 4 were arrested on 02.07.2025. After completing the investigation, now charge sheet has been filed in the present case only for offences punishable under Sections 189(2), 191(2), 132, 352, 190 of IPC and Section 3(1)(r) of SC/ST (Prevention of Atrocities) Act. The other offences including the offence punishable under Section 18 of BNS 2023 has been dropped in the charge sheet. There is no such allegation against accused Nos.3 and 5 either in the FIR or in the charge sheet, which would attract the bar under Section 108 of the -7- NC: 2025:KHC-D:11226 CRL.A No. 100468 of 2025 C/W CRL.A No. 100467 of 2025 HC-KAR SC/ST (POA) Act against them. Considering the nature of allegations found against accused and also the fact that the charge sheet has been filed in the present case, dropping the offence punishable under Section 108 of the BNS 2023, I am of the opinion, prayer made by accused nos.1 to 5 in the above two appeals, for grant of regular bail and anticipatory bail needs to be answered in the affirmative. Accordingly, the following:
ORDER
1) Criminal Appeal No.100467 of 2025 filed by accused No.1, 2 and 4 is allowed.
The order dated 22.07.2025 passed by the I Additional District and Sessions Judge and Special Judge, Haveri in Cr.No.113/2025 registered by Haveri Town P.S. is hereby set aside and the appellants are directed to be enlarged on bail, subject to the following conditions:
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NC: 2025:KHC-D:11226 CRL.A No. 100468 of 2025 C/W CRL.A No. 100467 of 2025 HC-KAR a. Accused No.1, 2 and 4 shall execute personal bond for a sum of Rs.1,00,000/- each with 2 sureties for the likesum to the satisfaction of the jurisdictional Court;
b. Accused No.1, 2 and 4 shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c. Accused No.1, 2 and 4 shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d. Accused No.1, 2 and 4 shall not involve in similar offences in future.
e. Accused No.1, 2 and 4 shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. -9-
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2) Criminal Appeal No.100468 of 2025 filed by accused Nos.3 and 5 is allowed.
The order dated 22.07.2025 passed by the I Additional District and Sessions Judge and Special Judge, Haveri in Haveri Town P.S. in Crl.Misc. No.479/2025 is hereby set aside and the accused Nos.3 and 5 are directed to be enlarged on bail, subject to the following conditions:
The respondent - Police or any other Police in the State of Karnataka are directed to release the accused No.3 and 5 in the event of their arrest in Cr.No.113/2025 registered by Haveri Town P.S., subject to the following conditions:
i. Accused Nos.3 and 5 shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of
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NC: 2025:KHC-D:11226 CRL.A No. 100468 of 2025 C/W CRL.A No. 100467 of 2025 HC-KAR Rs.1,00,000/- each with two sureties for the like sum to the satisfaction of the investigating officer.
ii. Accused Nos.3 and 5 shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.
iii. Accused Nos.3 and 5 shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon.
iv. Accused Nos.3 and 5 shall not involve in similar offences in future.
Sd/-
(S.VISHWAJITH SHETTY) JUDGE VMB CT:BCK LIST NO.: 1 SL NO.: 12