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Judgment
S. Vishwajith Shetty, J
Accused No.7 in Crime No.113/2025 registered by Haveri Town Police Station, Haveri, for the offences punishable under Sections 189(2), 191(2), 132, 351(3), 352 and 190 of IPC and Sections 3(1)(r) and 3(2)(va) of SC/ST (POA) Act, is before this Court in this appeal filed under Section 14(A)(2) of the SC/ST (POA) Act, seeking regular bail.
Heard the learned counsel for the parties.
FIR in Crime No.113/2025 was registered by Haveri Town Police Station, Haveri, for the aforesaid offences against Akashata and others based on the first information dated 23.06.2025 received from respondent No.2, who is the son of deceased Rangappa Herakal. During the course of investigation, appellant herein was arrested on 15.07.2025 and subsequently, remanded to judicial custody. His bail application filed before the Trial Court in Crime No.113/2025 was rejected on 21.08.2025. It is under these circumstances, he is before this Court.
Learned counsel for the appellant submits that accused Nos.1, 2 and 4 have been granted regular bail by this Court in Criminal Appeal No.100467/2025 and accused Nos.3 and 5 have been granted anticipatory bail by this Court in Criminal Appeal No.100468/2025. Though initially FIR was registered in the present case invoking offence punishable under Section 108 of BNS 2023, in the charge sheet which is now filed, the said offence has been dropped and it is under these circumstances, the aforesaid accused have been granted regular bail and anticipatory bail by this Court.
Per contra, learned HCGP has opposed the prayer made in the appeal.
Perusal of the material on record would reveal that first information in the present case was filed on 23.06.2025 by respondent No.2, who is the son of deceased Rangappa Herakal. He has stated that on 05.06.2025 when deceased, who was working as a Powra Karmika had gone to remove the banners and flex boards as per the orders passed by the Commissioner of CMC, Haveri, accused No.1 allegedly had abused him referring to his caste and also obstructed him from discharging his duties. The other accused also had abused him and criminally intimidated him. In the background of the aforesaid incident that had taken place on 05.06.2025, Rangappa Herakal had consumed insecticide on 19.06.2025 and thereafter, he was immediately shifted to a Hospital. However, he died in the Hospital on 23.06.2025. It is under these circumstances, FIR was registered against the accused invoking the offence punishable under Section 108 of BNS, 2023. After completing investigation, charge sheet has been filed only for the aforesaid offences and offence punishable under Section 108 of BNS, 2023, has been dropped. Considering the nature of allegations found in the charge sheet against accused, accused Nos.1, 2 and 4 have been granted regular bail and accused Nos.3 and 5 have been granted anticipatory bail by this Court in Crl.A.No.100467/2025 and Crl.A.No.100468/2025 respectively. Under the circumstances, I am of the opinion that the appellant herein, who is arrayed as accused No.7 in the charge sheet, is also entitled for the relief of regular bail. Accordingly, the following order:-
The Criminal Appeal is allowed. The order dated 21.08.2025 passed by the I Addl. District and Sessions Judge and Special Judge, Haveri, in Crime No.113/2025, is hereby set-aside and the appellant is directed to be enlarged on bail in Crime No.113/2025 registered by Haveri Town Police Station, Haveri, for the offences punishable under Sections 189(2), 191(2), 132, 351(3), 352 and 190 of IPC and Sections 3(1)(r) and 3(2)(va) of SC/ST (POA) Act, subject to the following conditions:
a) Appellant shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the like sum, to the satisfaction of the jurisdictional Court;
b) The appellant shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;
c) The appellant shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) The appellant shall not involve in similar offences in future;
e) The appellant shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.