Sri Yash @ Yashawanth Vs State by Karkala Town Police

SRI. YASH @ YASHAWANTH (AADHAAR NO XXXXXXXX7704) AGE ABOUT 22 YEARS S/O SRI KARUNAKAR POOJARY RESIDING AT 4-320 HADSEGARADI HOUSE, JARKALA, YERLAPADY, KARRKAL TALUK, UDUPI DISTRICT

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…APPELLANT

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(BY SRI. K CHANDRANATH ARIGA., ADVOCATE)

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AND:

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Digitally signed by LAKSHMINARAYAN N Location: High Court of Karnataka

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STATE BY KARKALA TOWN POLICE REP BY

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STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AT BENGALURU DR AMBEDKAR RAOD BENAGLURU- 56000

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MR CHARAN S/O VITTALA AGE ABOUT 22 YEARS DARKHAS HOUSE ELIYALAKODWDRURU VILLAGE 574102

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NC: 2026:KHC:236 CRL.A No. 2314 of 2025

HC-KAR

KARKALA TALUK UDUPI

…RESPONDENTS

(BY SMT.LAKSHMAN B, HCGP FOR R1; NOTICE TO R2 IS D/W V/O DTD 05.01.2026)

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THIS CRL.A IS FILED U/S 14A(2) OF SC AND ST (POA) ACT PRAYING TO SET ASIDE THE ORDER DATED 17.07.2025 IN CRL.MISC NO.250/2025 PASSED BY THE COURT OF PRL.DISTRICT AND SESSIONS JUDGE AT UDUPI., AND ETC.

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

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CORAM: HON'BLE MR. JUSTICE G BASAVARAJA

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ORAL JUDGMENT

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The appellant has preferred this appeal against the order passed by the Principal District and Sessions Judge at Udupi (for short ‘trial court’), in Criminal Misc.No.250/2025, dated 17.07.2025.

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The brief facts leading to this appeal are that, on the basis of the complaint filed by one Charan, Karkala Town Police have registered a case against accused Nos.1 to 5

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NC: 2026:KHC:236 CRL.A No. 2314 of 2025

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HC-KAR

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and others for commission of offence under Sections189(2), 191(2), 191(3), 115(1), 118(1), 352, 351(2), 190 of BNS 2023 and Section-3(1)(r)(s) and 3(2)(v-a) of the SC/ST (POA) Act 1989 in Crime No.84/2025 on 23.06.2025.

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An application under Section – 482 of B.N.S.S., 2023 was filed before the Trial Court and the same came to be rejected. Hence, the appellant has preferred this appeal.

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A perusal of the FIR would reveal that the only offence alleged against this appellant – Jarkal Yashawanth is that he has abused he complainant in filthy language. But it is not specifically stated that the accused has abused the complainant by referring his caste. Therefore, at this stage there is no prima-facie material to attract the penal provisions of SC/ST (POA) Act 1989. Other offences are not punishable with death or imprisonment for life.

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It is submitted by the learned counsel for the appellant that the other accused are already released on

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NC: 2026:KHC:236 CRL.A No. 2314 of 2025

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HC-KAR

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bail by the trial court. The alleged offence took place on 26.02.2025.

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It is submitted by the learned HCGP that the chargesheet is already submitted and hence, the accused is not required for further investigation. The alleged commission of offence is not punishable with death or imprisonment for life. Hence, I proceed to pass the following :

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ORDER

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i) Appeal is allowed.

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ii) The impugned order passed by the Principal District and Sessions Judge at Udupi, in Criminal Misc.No.250/2025, dated 17.07.2025 is set-aside. Consequently, application filed under Section – 482 of CRPC is allowed.

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iii) The accused shall be released on bail in the event of his arrest in Crime No.84/2025 of Karkala Town Police, upon executing a self-bond for a sum of

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NC: 2026:KHC:236 CRL.A No. 2314 of 2025

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HC-KAR

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Rs.1,00,000/- (Rupees One Lakh Only) with one surety for the likesum to the satisfaction of the IO.

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iv) If the case is already registered before the Special Court, the accused is directed to appear before the trial court, then the trial court is directed to release the accused / appellant on bail, on executing a self-bond of Rs.1 lakh, with one surety for to the likesum satisfaction of the trial court.

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v) The appellant shall not tamper or threaten the prosecution witnesses in any manner.

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vi) The appellant shall appear before the trial court on all dates of hearing.

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Sd/(G BASAVARAJA) JUDGE

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JJ

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List No.: 1 Sl No.: 5

Sri Yash @ Yashawanth v. State by Karkala Town Police

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Sri Yash @ Yashawanth v. State by Karkala Town Police

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