Suresh Alias Suri Vs the State of Karnataka

MAHESH @ L. MAHESHKUMAR, S/O. SHANKAR CHAVAN, AGE. 19 YEARS, OCC. COOLIE, R/O. WARD NO.30, VIRUPAPUR TANDA, BHETEAL SCHOOL, TQ. GANGAVATHI, DIST. KOPPAL-583231.

¶13

…APPELLANTS

¶14

(BY SRI. B.C.JNANAYYA SWAMI, ADVOCATE)

¶15

2 -

¶16

NC: 2025:KHC-D:3459 CRL.A No. 100071 of 2025

¶17

AND:

¶18

THE STATE OF KARNATAKA (THROUGH GANGAVATHI RURAL P.S.) R/BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH AT DHARWAD-590001.

¶19

SRI. MANJUNATH, S/O. MARTHANDAPPA, AGE. 29 YEARS, OCC. MASON, R/O. WARD NO.1, SANGAPUR, TQ. GANGAVATHI, DIST. KOPPAL-583231.

¶20

SRI. SIDDAPPA, S/O. MARTHANDAPPA, AGE. 27 YEARS, OCC, LABOURER, R/O. SANGAPUR VILLAGE, TQ. GANGAVATHI, DIST. KOPPAL-583231.

¶21

…RESPONDENTS

¶22

(BY SRI. T.HANUMAREDDY, AGA FOR R1)

¶23

(NOTICE TO R2 AND R3 ARE SERVED)

¶24

THIS CRIMINAL APPEAL IS FILED U/SEC. 14A(2) OF SC/ST ACT, SEEKING TO, ALLOW THIS APPEAL AND SET ASIDE THE ORDER DATED 15.01.2025 PASSED BY ADDL. DISTRICT AND SESSIONS JUDGE KOPPAL SITTING AT GANGAVATHI IN CRIME NO. 298/2024 AND ENALRGE THE APPELLANTS ON REGULAR BAIL IN CRIME NO. 298/2024 REGISTERED BY GANGAVATHI RURAL POLICE STATION, FOR THE OFFENCES U/SEC. 189(2), 191(2), 126(2), 115(2), 118(1), 109, 310(2) R/W 190 OF BNSS 2023 AND SEC. 3(1)(r), 3(1)(s), 3(2)(v-a) OF SC AND ST ACT 2015 PENDING INVESTIGATION AND TRIAL OF THE CASE.

¶25

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

¶26

3 -

¶27

NC: 2025:KHC-D:3459 CRL.A No. 100071 of 2025

¶28

CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR

¶29

ORAL JUDGMENT

¶30

The appeal is filed by accused Nos. 7 to 9 under Section 14A(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, seeking regular bail.

¶31

A First Information Report (FIR) was registered for offences punishable under Sections 189(2), 191(2), 126(2), 115(2), 118(1), and 109 read with Section 190 of the Bharatiya Nyaya Sanhita, 2023, and Sections 3(1)(r), 3(1)(s), and 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. The prosecution alleges that on 28.12.2024, at about 9:00 p.m., the brother of the informant and his friend were at Gangavathi Bus Stand to drop off their relatives in the auto of one Mehaboob. Later, at about 11:00 p.m., the auto driver, Mehaboob, informed the informant over the phone that the accused persons were assaulting his brother near Spoorthi College at Sainagar. Upon receiving the information, the informant and his friend went to the scene and found that his brother, Siddappa, had sustained bleeding injuries on his face and head. On inquiry, it was revealed that the accused had arrived in a white car and on four motorcycles, intercepted the auto, and engaged in a quarrel with Siddappa over previous enmity. It is further alleged that accused No. 1 assaulted the informant’s brother on the face and head with a beer bottle with an intent to murder, accused No. 2 assaulted him on the face and attempted to stab him in the stomach with a knife,

¶32

4 - NC: 2025:KHC-D:3459 CRL.A No. 100071 of 2025

¶33

and the other accused assaulted him with their hands and also snatched his mobile phone.

¶34

Heard the learned counsel for the appellants and the learned Additional Government Advocate for the respondent No. 1 (State).

¶35

The allegation of assaulting the informant’s brother on the face and head with a beer bottle is directed against accused No. 1, whereas the allegation against appellants/accused Nos. 7 to 9 is that they assaulted him with their hands. The injured party, after receiving treatment, has been discharged from the hospital. The articles used in the commission of the crime have been seized, and the appellants are not required to undergo further custodial interrogation.

¶36

In view of the foregoing, the appellants have made out a prima facie case for regular bail.

¶37

ORDER

¶38

i) Criminal Appeal is allowed. The order dated 15.01.2025 passed in Crime No.298/2024 by the Additional District & Sessions Judge, Koppal, Sitting at Gangavathi, dismissing the bail application of the appellants/accused Nos.7 to 9 is set aside.

¶39

ii) The appellants/accused Nos.7 to 9 are enlarged on bail in Crime No.298/2024, registered by the Gangavathi Rural

¶40

5 -

¶41

NC: 2025:KHC-D:3459 CRL.A No. 100071 of 2025

¶42

Police Station, Gangavathi Sub-Division, Koppal, subject to the following conditions:

¶43

(a) Each of the appellants/accused Nos.7 to 9 shall furnish a personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the jurisdictional Court.

¶44