Fakkirappa vs The State Of Karnataka & Ors.

This appeal is filed by the accused/appellant challenging the order dated 28.03.2026 passed by the III Addl. Sessions Judge, the Exclusive Special Court Constituted for offence triable under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act at Belagavi (for short ‘Trial Court’) in Criminal Misc. No.415/2026, whereby the bail application filed by the accused/appellant came to be rejected in connection with Crime No.159/2026 registered by Saundatti Police Station for the offences punishable under Sections 109(1), 118(2), 351(3) and 352 of the Bharatiya Nyaya Sanhita, 2023 (for short, ‘BNS’) and Sections 3(1)(s), 3(2)(va) and 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, ‘SC/ST (POA) Act’).

Learned High Court Government Pleader (HCGP) appearing for the respondent No.1-State has filed the objections.

Learned counsel Sri R.H. Angadi appearing for the respondent Nos.2 to 4, who are the complainant/injured persons, has also filed the objections. Notice has been duly served on the respondents No.2 to 4.

Heard learned counsel for the appellant, learned HCGP for the respondent No.1-State and learned counsel Sri R.H. Angadi for the respondent Nos.2 to 4.

The facts of the case, in brief are that, on 04.03.2026 at about 11.30 a.m., in connection with the dispute regarding the raising of the height of the compound wall between the houses of the parties, the accused herein is alleged to have assaulted the victim-Sunanda on her hand with an axe. It is further alleged that, the accused abused the complainant-Sunanda in a filthy language by referring to her caste.

In this regard, the complaint came to be lodged on the same day, i.e., on 04.03.2026. The accused was arrested on 05.03.2026 and was remanded to judicial custody. Thereafter, he approached the learned Sessions Court seeking regular bail. The said bail application came to be rejected by order dated 28.03.2026. Hence, the accused/appellant is before this Court.

Learned counsel for the appellant would submit that the alleged incident arose out of a trivial dispute between the parties regarding the raising of the compound wall. It is contended that, there was no motive, intention or premeditation on the part of the accused to assault the complainant. It is further submitted that, the injured has not sustained any grievous injury and initially she was taken to the hospital for treatment.

Learned counsel for the appellant further submits that, the investigation is already completed and the charge-sheet has been filed. On perusal of the medical certificate, it is seen that, the injured has sustained lacerated wounds over the middle (two) of parietal region and the occipital region. It is submitted that, the accused has been in judicial custody for about six and a half months and therefore, he may be enlarged on bail.

Per contra, learned HCGP as well as learned counsel Sri R.H. Angadi, appearing for the respondent Nos.2 to 4, would submit that, the offences alleged against the accused are serious in nature. It is submitted that the offence under Section 307 of the IPC/109 of BNS as alleged is serious in nature and the offences invoked under the provisions of the SC/ST (POA) Act are also serious in nature.

It is further submitted that, in the event the accused is released on bail, there is every possibility of threat or danger to the life and safety of the complainant and the injured persons. Hence, learned HCGP and learned counsel for the respondent Nos.2 to 4 would seek dismissal of the appeal.

Having heard the learned counsel for the parties and perused the Trial court records, the following point arises for consideration:

The allegations against the accused arise out of a dispute between the parties regarding the raising of the compound wall between their respective houses. The allegation is that, in the course of the said dispute, the accused assaulted the complainant/injured-Sunanda with an axe and also abused her by referring to her caste.

At this stage, this Court is not required to conduct a detailed examination of the evidence or to express any opinion on the merits of the case. The allegations and the material available on record have been considered only for the limited purpose of deciding the present bail application.

It is relevant to note that the alleged incident took place on 04.03.2026 and the accused was arrested on 05.03.2026. The appellant has been in judicial custody for about six and a half months. The investigation has been completed and the charge-sheet has already been filed.

The medical records placed before the Court indicate that, the injured has sustained lacerated wounds over the middle (two) of parietal region and the occipital region. The nature of the injuries, the period of custody undergone by the appellant, completion of the investigation and filing of the charge-sheet are relevant circumstances to be taken into consideration while considering the prayer for bail.

The apprehension expressed by the learned HCGP and learned counsel for the respondent Nos.2 to 4 that, if released on bail, the appellant may threaten or cause harm to the complainant or the injured persons can be addressed by imposing appropriate stringent conditions.

Having regard to the facts and circumstances of the case, the period of custody undergone by the appellant, completion of the investigation and filing of the charge-sheet, this Court is of the considered opinion that, the appellant has made out sufficient grounds for grant of bail.

Accordingly, the point for consideration is answered in the Affirmative. Accordingly, this court proceeds to pass the following order:

The appeal is allowed.

The order dated 28.03.2026 passed by the III Additional Sessions Judge in Criminal Miscellaneous No.415/2026 is hereby set aside.

The appellant/accused shall be released on bail in Crime No.159/2026 of Saundatti Police Station, for the offences punishable under Sections 109(1), 118(2), 351(3) and 352 of the BNS and Sections 3(1)(s), 3(2)(va) and 3(2)(v) of the SC/ST (POA) Act, subject to the following conditions: