ASHOK S/O. BHIMAPPA RANGAPUR, vs STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:17191
CRL.A No. 100437 of 2026
CNR: KAHC020145672026
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 15 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MRS JUSTICE RAJESHWARI N.HEGDE
CRIMINAL APPEAL NO. 100437 OF 2026
(U/S 14 A(2) OF SC AND ST ACT)
BETWEEN:
ASHOK S/O. BHIMAPPA RANGAPUR
AGE. 38 YEARS, OCC. COOLIE,
R/O. GULAGULI
TQ. GAJENDRAGAD, DIST. GADAG-582211.
…APPELLANT
(BY SRI VIDYASHANKAR DALWAI, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY R/BY STATE PUBLIC PROSECUTOR
BENCH AT DHARWAD,
THROUGH GAJENDRAGAD P.S.,
GADAG.
2. SHRI. VIJAYKUMAR S/O. RAMANNA
AGE. 38 YEARS, OCC. POLICE OFFICER,
R/O. GAJENDRAGAD P.S. RON CIRCLE,
TQ. GAJENDRAGAD, DIST. GADAG-582211
R/BY SPP, HCK, DHARWAD.
…RESPONDENTS
(BY SRI ABHISHEK MALIPATIL, HCGP FOR R1;
NOTICE TO R2 IS SERVED.)
Digitally signed by
BHARATHI H M
Location: HIGH
COURT OF
KARNATAKA
DHARWAD
BENCH
Date: 2026.10.16
16:27:51 +0530
THIS CRIMINAL APPEAL IS FILED UNDER SECTION
14(A)(2) OF SCHEDULED CASTES AND SCHEDULED TRIBES
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HC-KAR
NC: 2026:KHC-D:17191
CRL.A No. 100437 of 2026
CNR: KAHC020145672026
(PREVENTION OF ATROCITIES) ACT, 1989, PRAYING TO GRANT
AN ORDER RELEASING THE APPELLANT ON BAIL IN
GAJENDRAGAD P.S. CRIME NO.34/2026 REGISTERED FOR THE
OFFENCE PUNISHABLE UNDER SECTIONS 196(1)(a), 352,
353(2) OF BHARATIYA NYAYA SANHITA, 2023 AND SECTION
3(1)(t) OF SCHEDULED CASTES AND SCHEDULED TRIBES
(PREVENTION OF ATROCITIES) AMENDMENT ACT-2015 BY
SETTING ASIDE THE ORDER DATED 19/06/2026 IN SPECIAL
CASE NO.73/2026 PASSED BY THE ADDITIONAL DISTRICT AND
SESSIONS JUDGE, GADAG, IN THE INTEREST OF JUSTICE.
THIS APPEAL COMING ON FOR ORDERS THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE RAJESHWARI N.HEGDE
ORAL JUDGMENT
The accused is before this Court assailing the order
dated 19.06.2026, passed by the Additional District and
Sessions Judge, Gadag, in Special Case No.73/2026,
rejecting the bail application of the accused.
2. Facts of the case in brief is that, from
10.00 p.m. on 01.03.2026 to 06.00 a.m. on the next day
(i.e. on 02.03.2026) the accused with an intention to
cause communal disturbance, downgraded the national
heroes by tying footwear on Dr.B.R.Ambedkar and Sri
Babu Jagjeevanram photos in Gulaguli village. On the
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NC: 2026:KHC-D:17191
CRL.A No. 100437 of 2026
CNR: KAHC020145672026
complaint filed by respondent No.2, a crime was registered
against this accused for the offence punishable under
Section 196(1)(a), 352, 353(2) of BNS and Section 3(1)(t)
of SC & ST Act.
3. In this appeal respondent No.1 being the State,
learned HCGP entered appearance and filed statement of
objections. Learned HCGP submitted that, respondent
No.2 is the victim he is a Police Officer and HCGP will
represent respondent No.2 also.
4. Heard the arguments of Sri Vidyashankar
Dalwai learned counsel for appellant and Sri Abhishek
Malipatil learned HCGP for the respondents. Perused the
material placed before the Court.
5. Learned counsel for appellant submitted that,
this accused has been arrested by the police on
03.03.2026 and since then he has been in Judicial
Custody. Further, it is also submitted that now
investigation is already completed and charge sheet has
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HC-KAR
NC: 2026:KHC-D:17191
CRL.A No. 100437 of 2026
CNR: KAHC020145672026
been filed, which is numbered as Special Case
No.73/2026. After completion of the charge sheet, this
accused filed the bail application seeking his regular bail
before the learned Sessions Judge. However, the learned
Sessions Judge has rejected his bail application.
6. It is contended that, the accused has not
committed any offence. He is innocent, despite of which
respondent No.2 suo-moto registered FIR against this
accused and as the charge sheet has already been filed,
custodial interrogation of this accused may not be
required. Hence, the learned counsel submitted that, he
may be enlarged on bail.
7. On the contrary, learned HCGP submitted that
this accused has committed the offence punishable under
the provisions of SC & ST Act and further, he has also
undermined the national heroes and caused communal
disturbance in the village, in case if he is released on bail,
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NC: 2026:KHC-D:17191
CRL.A No. 100437 of 2026
CNR: KAHC020145672026
there may be chances of committing similar offences and
hence submitted that the appeal may be dismissed.
8. On going through the papers produced along
with this appeal, the allegation against this accused is for
the offence punishable under Section 196(1)(a), 352,
353(2) of BNS and under the provisions of SC & ST Act.
9. It is submitted that this accused has been in
Judicial Custody since 03.03.2026, almost six months is
lapsed and charge sheet is also filed. Further it is
submitted that, there are no criminal antecedents against
this accused. He is an agriculturist and earning member of
the family.
10. On going through the facts and circumstances
of the case, considering that charge sheet has already
been filed and he has been in Judicial Custody for a period
of six months, his custodial interrogation may not be
required and as there are no criminal antecedents, this
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NC: 2026:KHC-D:17191
CRL.A No. 100437 of 2026
CNR: KAHC020145672026
appellant is entitled to be enlarged on bail. Hence, the
appeal is deserves to be allowed.
11. Therefore, this Court proceeds to pass the
following:
ORDER
The appeal is allowed .
The appellant/accused is ordered to be enlarged on
bail in Special Case No.73/2026, registered for the
offences punishable Sections 196(1)(a), 352, 353(2) of
Bharatiya Nyaya Sanhita, 2023 and under section 3(1)(t)
of the Scheduled Castes and Scheduled Tribes (Prevention
of Atrocities) Amendment Act 2015, subject to the
following conditions.
a) The appellant/accused shall execute
a personal bond for a sum of Rs.1,00,000/-
along with one surety for the like sum to the
satisfaction of the trial Court.
b) He shall not leave the jurisdiction of
the trial Court without prior permission of the
Court.
c) He shall not tamper and threaten the
prosecution witnesses in any manner.
d) He shall appear before the
Investigating Officer or the Court as and when
directed.
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CRL.A No. 100437 of 2026
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e) He shall attend the Court regularly
during the trial without fail.
Violation of any of the conditions imposed would
entitle the prosecution to move for cancellation of bail.
Sd/-
(RAJESHWARI N.HEGDE)
JUDGE
MRK
CT-CMU
LIST NO.: 1 SL NO.: 10