Mahesh S/O Siddappa Hiragannavar Vs State of Karnataka

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NC: 2025:KHC-D:3781 CRL.A No. 100087 of 2025

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25^TH DAY OF FEBRUARY, 2025 BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL APPEAL NO. 100087 OF 2025 (U/S 14 A(2) of SC & ST ACT)

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BETWEEN:

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MAHESH S/O. SIDDAPPA HIRAGANNAVAR AGE. 28 YEARS, OCC. GRECE WORK, R/O. HOSAGABBUR, 2^ND CROSS, NEAR RENUKACHARYA TEMPLE, HUBBALLI-580112.

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…APPELLANT

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(BY SRI. SACHIN C.ANGADI, ADVOCATE)

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AND:

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STATE OF KARNATAKA THROUGH BEDIGERI PS HUBBALLI, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD.

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MALLESHAPPA

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Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.25 18:00:05 +0530

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S/O. HONAKERAPPA CHAKALABBI, AGE. 61 YEARS, OCC. DRIVER, R/O. HOSAGABBUR, NEAR RENUKACHARYA TEMPLE, HUBBALLI-580112.

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…RESPONDENTS

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(BY SRI. ASHOK T.KATTIMANI, AGA)

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THIS CRIMINAL APPEAL IS FILED U/S 14 A(2) OF SC AND ST (POA) ACT 1989, PRAYING TO ALLOW THIS APPEAL AND SETASIDE THE ORDER PASSED BY THE 2^ND ADDL.DISTRICT AND SESSION COURT, DHARWAD IN BENDIGERI P.S. CRIME NO.6/2025 DATED 31.01.2025 AND RELEASE APPELLANT/ACCUSED NO.4 ON BAIL IN CRIME NO.6/2025 IS REGISTERED BY THE BENDIGERI P.S. HUBBALLI FOR THE OFFENCES PUNISHABLE U/S 61 (2) (a), 115(2), 118(1), 109, 352, 351(2), 351(3), 190 OF BNS 2023, AND OFFENCE PUNISHABLE U/S 3(1)(r), (s), 2(v) OF THE PREVENTION OF ATROCITIES ACT, 1989.

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NC: 2025:KHC-D:3781 CRL.A No. 100087 of 2025

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

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CORAM: THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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ORAL JUDGMENT

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The appellant/accused No.4 is facing trial for offences punishable under Sections 61(2)(A), 115(2), 118(1), 109, 352, 351(2), 351(3) and 190 of the Bharatiya Nyaya Sanhita, 2023, and Sections 3(1)(r)(s) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, is before this Court seeking regular bail.

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The prosecution alleges that on 10.01.2025, at about 10:45 p.m., near Hosa Gabbur Government School, when the complainant’s son was riding his motorcycle, accused Nos.1 and 2 allegedly instigated accused No.3 and his associates (accused Nos.4 to 9 and others) with the intent to commit his murder. It is further alleged that the accused threw chili powder on the complainant’s son, assaulted him with their hands, kicked him, and attacked him with a knife and a rod on his head, stomach, and chest, causing grievous injuries.

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Heard the learned counsel for the appellants, the learned Additional Government Advocate for the respondent-State, and the learned counsel for respondent No.2/complainant.

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A perusal of the First Information Report (FIR) reveals that the only allegation against accused No.4 is that he along with accused Nos.5 to 9, threw chili powder on the complainant’s son, assaulted him with their hands, kicked him, and attacked him with a

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knife and a rod on his head, stomach, and chest, causing grievous injuries.

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The injured who has allegedly sustained injuries due to the alleged assault by accused No.4 herein, after taking treatment has been discharged from the hospital. The appellant/accused No.4 is not required for further custodial interrogation and under these circumstances, appellant/accused No.4 has established prima facie case to enlarge him on regular bail.

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The Criminal appeal is allowed . The appellantaccused No.4 is enlarged on bail in Crime No.06/2025 registered by Bendigeri Police Station, Hubballi, for the offences punishable under Sections 61(2)(A), 115(2), 118(1), 109, 352, 351(2), 351(3) and 190 of the Bharatiya Nyaya Sanhita, 2023, and Sections 3(1)(r)(s) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, pending on the file of II Addl. District and Sessions Judge Court, Dharwad, subject to the following conditions:

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(a) Appellant-accused No.4 shall furnish his personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety for the likesum to the satisfaction of the jurisdictional Court.

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