Megharaj Alias Meghanath S/O Late Devappa Kamadoddi Vs the State of Karnataka

Digitally signed by BK (BY SRI. T.HANUMAREDDY, AGA FOR R1) MAHENDRAKUMAR B K Location: HIGH MAHENDRAKUMAR COURT OF KARNATAKA DHARWAD BENCH THIS CRIMINAL APPEAL IS FILED U/S 14(A)(2) OF SC/ST Date: 2025.02.21 11:38:53 +0530 (POA) ACT SEEKING TO SET ASIDE THE ORDER PASSED BY THE ADDL. DISTRICT AND SESSIONS JUDGE KOPPPAL SITTING AT GANGAVATHI DATED 25.01.2025 ENLARGE THE APPELLANT/ ACCUSED NO.2 ON BAIL IN CRIME NO.298/2024 REGISTERED IN GANGAVATHI RURAL POLICE STATION, FOR THE OFFENCES 189 (2), 191 (2), 126(2), 115(2), 118(1), 109, 310(2) R/W 190 OF BNS AND SECTION 3(1)(r), 3(1)(s), 3(2)(VA) OF SC/ST ACT 2015. PENDING INVESTIGATION OF THE CASE BEFORE ADDL. DIST AND SESSIONS JUDGE KOPPAL SITTING AT GANGAVATHI.

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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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NC: 2025:KHC-D:3459 CRL.A No. 100090 of 2025

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ORAL JUDGMENT

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This appeal is filed by accused No. 2 under Section 14A(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, seeking regular bail.

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A First Information Report (FIR) has been 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, as well as 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. Thereafter, 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 this information, the informant and his friend proceeded to the scene and found that his brother, Siddappa, had sustained bleeding injuries on his face and head. On inquiry, it was learned that the accused had arrived at the scene 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 intention to murder him, while accused No. 2 assaulted him with his hands and attempted to stab him in the stomach with a knife.

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3 - NC: 2025:KHC-D:3459 CRL.A No. 100090 of 2025

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

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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 appellant/accused No. 2 is that he assaulted the informant’s brother with his 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 appellant is not required to undergo further custodial interrogation.

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

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ORDER

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i) Criminal Appeal is allowed. The order dated 25.01.2025 passed in Crime No.298/2024 by the Additional District & Sessions Judge, Koppal, Sitting at Gangavathi, dismissing the bail application of the appellant/accused No.2 is set aside.

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ii) The appellant/accused No.2 is enlarged on bail in Crime No.298/2024, registered by the Gangavathi Rural Police Station, Gangavathi Sub-Division, Koppal, subject to the following conditions:

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(a) Appellant/accused No.2 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.

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