UMESH vs STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-K:11278
CRL.A No. 200286 of 2026
CNR: KAHC030095392026
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
TH
DATED THIS THE 13 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
CRIMINAL APPEAL NO. 200286 OF 2026 (U/S 14 (A))
BETWEEN:
UMESH S/O SHIVAPPA MADIWAL,
AGE: 21 YEARS, OCC: DRIVER,
R/O: AGASARADODDI (BUNKALADODDI),
TQ : DEVADURGA,
DIST : RAICHUR – 584 116.
…APPELLANT
(BY SRI MAHAMAD SHARIF, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
JALAHALLI POLICE STATION,
REP. BY ADDL. SPP,
HIGH COURT BUILDING,
KALABURAGI – 585 103.
2. SHIVAPPA S/O THIMMANNA KAVALI,
AGE: 68 YEARS, OCC: AGRICULTURE,
3. YANKAPPA S/O THIMMANNA KAVALI,
AGE: 65 YEARS, OCC: AGRICULTURE,
4. MANASAMMA W/O YANKAPPA,
AGE: 60 YEARS, OCC: HOUSEWIFE,
5. BASAVARAJ S/O SHIVAPPA,
AGE: 30 YEARS, OCC: AGRICULTURE,
6. LAKSHMI W/O DEVAPPA,
AGE: 55 YEARS, OCC: HOUSEWIFE,
Digitally signed by
SUMITRA
SHERIGAR
Location: HIGH
COURT OF
KARNATAKA
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RESPONDENT NOS.2 TO R6 ARE
R/O: BUNKALADODDI VILLAGE,
TQ: DEVADURGA, DIST: RAICHUR.
…RESPONDENTS
(BY SRI MAQBOOL AHMED, HCGP FOR R1;
V/O DATED 08.10.2026, NOTICE TO R2 IS HELD SUFFICIENT;
V/O DATED 13.10.2026, NOTICE TO R3 TO R6 IS HELD
SUFFICIENT)
THIS CRL.A. IS FILED UNDER SECTION 14-A (2) OF
SC/ST (PA) ACT, PRAYING TO, ALLOW THE PRESENT CRIMINAL
APPEAL FILED UNDER SECTION 14A(2) OF THE SCHEDULED
CASTES AND THE SCHEDULED TRIBES (PREVENTION OF
ATROCITIES) ACT 1989.
B) SET ASIDE THE ORDER DATED ON 22.07.2026
PASSED BY THE LEARNED OF I ADDL. DISTRICT AND
SESSIONS COURT, RAICHUR DIST. RAICHUR IN
CRL.MISC.NO.400/2026.
C) ENLARGE THE APPELLANT/ ACCUSED NO.3 ON
REGULAR BAIL IN CRIME NO.131/2026 OF JALAHALLI POLICE
STATION, REGISTERED FOR THE OFFENCES PUNISHABLE
UNDER SECTIONS 115(2), 118(1), 329(3), 74, 109, 351(2), 352,
R/W SECTION 3(5) OF BNS, 2023 AND UNDER SECTION 3(1)(R),
3(1)(S), 3(1)(W), 3(2)(VA), 3(2)(V) OF SC/ST (POA) AMENDMENT
ACT, 2015 HE BE RELEASED ON BAIL SUBJECT TO SUCH
CONDITIONS AS THIS HON’BLE COURT DEEMS FIT.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
ORAL JUDGMENT
Heard the learned counsel for the appellant and
learned High Court Government Pleader (for short
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CNR: KAHC030095392026
‘HCGP’) for the respondent No.1 on the appeal. Perused
the relevant materials on record.
2. This appeal is filed by the appellant/ the
accused No.3 under Section 14A(2) of the Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities)
Act, 1989 (for short ‘SC/ST (PoA) Act’) praying for an
order to set aside the order dated 22.07.2026 of the
learned I Additional District and Sessions Judge,
Raichur, in Crl.Misc.No.400/2026 and thereby grant
bail to him in the case in Crime No.131/2026 of the
respondent No.1 Police for the offences punishable
under Sections 115(2), 118(1), 329(3), 74, 109, 351(2)
and 352 read with Section 3(5) of Bharatiya Nyaya
Sanhita, 2023 (for short ‘BNS’) and Sections 3(1)(r),
3(1)(s), 3(1)(w), 3(2)(va) and 3(2)(v) of SC/ST (PoA) Act.
3. Learned HCGP appearing for the respondent
No.1 has orally objected to the appeal submitting that
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CNR: KAHC030095392026
there is prima facie case against the appellant for the
alleged offences. As per the complaint averments, there
is specific overt act of the appellant that he assaulted
the injured Yankappa with axe and caused him injuries.
The investigation is already over and the charge sheet is
filed against the appellant and other accused persons,
which would show that that there is prima facie case
against the appellant for the alleged offences. If the
appellant is released on bail, there is chance of him
tampering with prosecution witnesses and hampering
trial of the case. Therefore, the learned HCGP has
sought for dismissal of the appeal.
4. The case alleged against the appellant and
other accused persons is that the complainant and his
family members have landed property in Sy.No.25 of
Bunkaldoddi village situated besides river Krishna. The
lands of accused persons including the appellant are
also situated near the land of complainant. The
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appellant and other accused persons used to graze
sheep and the sheep used to pass through the land of
the complainant for drinking water. When the matter
stood thus, on 21.06.2026 at about 12.30 p.m., the
appellant along with other accused persons while
passing through the land of complainant taking their
sheep, came across the land of the complainant and
illegally trespassed into the land of the complainant,
picked up quarrel with her husband and abused him in
filthy language. The appellant assaulted the husband of
complainant with hands and caused him bleeding
injuries. When the complainant came to rescue her
husband, the accused No.4 by holding her tuft, slapped
on her cheek and the accused No.1 dragged the
complainant by holding her hand and also outraged her
modesty. The accused No.2 also assaulted the father-in-
law of complainant and caused him injuries and
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thereby, the accused persons including the appellant
committed the alleged offences.
5. The submission of the learned counsel for the
appellant is that the appellant is innocent of the
offences alleged against him and he has not committed
any offence. There is case registered against the
complainant and others on the complaint of family
members of the appellant regarding the same incident
and as a counter blast, the complainant has filed false
complaint against the appellant and other accused
persons.
6. However, when there are case and counter
case regarding the same incident, it is clear that the
incident stands admitted by the appellant. Moreover,
the learned HCGP has submitted that the investigation
is already over and the charge sheet is filed against the
appellant and other accused persons. Hence, the
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contention of the appellant that he is innocent of the
offences alleged against him and he has not committed
any offence does not merit consideration.
7. However, as pointed out by the learned
counsel for the appellant, the wound certificate of the
husband of complainant and other injured persons
would show that the injuries allegedly suffered in the
incident are simple in nature. The learned Sessions
Judge while rejecting bail application of this appellant
has observed that the injured is the husband of
complainant and he is already discharged from the
hospital on 29.06.2026. This would show that there is
no threat or danger to the life of the injured due to the
injuries suffered in the incident.
8. Moreover, the counter case registered against
the complainant and others on the complaint of the
member of the family of the appellant is also for the
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same offences in which the learned Sessions Judge has
granted anticipatory bail in favour of the accused No.1
to 5.
9. Even if it is accepted for the sake of
arguments that there is prima facie case against the
appellant for the alleged offences, there is absolutely no
reason to deny bail to the appellant. The alleged offence
is not punishable with death or life imprisonment. The
maximum punishment for the alleged offence is
imprisonment for life, and even if the said offence is
triable by the learned Special Judge. There is no
material forthcoming from the respondent Police to
show any antecedents of the appellant that he
committed any similar offence or any offence earlier.
10. Moreover, the appellant is resident of
Agasaradoddi village of Devadurga Taluk of Raichur
District within jurisdiction of the trial Court/ learned
Special Judge. Even if there is case registered against
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the appellant for the offence punishable under the
provisions of the SC/ST (PoA) Act, as the present appeal
is for regular bail, there is absolutely no reason to deny
bail to him.
11. It is well settled that bail is rule and jail is an
exception. The accused cannot be allowed to remain in
judicial custody during pretrial stage as punishment for
the alleged offence. Moreover, as per the submission of
the learned HCGP, the investigation is already over and
the charge sheet is filed against the appellant and other
accused persons in the case. Therefore, the custodial
interrogation of the appellant is not required by the
respondent Police in the case.
12. Any of the apprehensions of the learned
HCGP can be suitably met with by imposing proper and
necessary conditions on the appellant while granting
bail in his favour. There is absolutely no any special or
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serious ground made out by the respondent Police to
deny bail to the appellant. The appellant has made out
sufficient grounds to grant bail in his favour. Therefore,
as submitted by the learned counsel for the appellant,
the learned Sessions Judge has committed error in
denying bail to the appellant under the impugned order
and consequently, the impugned order is liable to be set
aside. Hence, this appeal deserves to be allowed.
13. In the result, I proceed to pass the following:
ORDER
The Criminal Appeal is allowed.
Consequently, the order dated 22.07.2026 of the
learned I Additional District and Sessions Judge/
Special, Raichur in Crl.Misc.No.400/2026 is set aside.
The appellant/ accused No.3 shall be enlarged on
bail in the case in Crime No.131/2026 of the
respondent No.1 Police for the offences punishable
under 115(2), 118(1), 329(3), 74, 109, 351(2) and 352
read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023
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CRL.A No. 200286 of 2026
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and Sections 3(1)(r), 3(1)(s), 3(1)(w), 3(2)(va) and 3(2)(v)
of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, on his executing personal
bond for Rs.2,00,000/- with two sureties for the like
sum to the satisfaction of the trial Court/ learned
Special Judge, subject to the following conditions that:
i. The appellant shall appear before the trial
Court/ Special Court as and when directed
and he shall assist the trial Court in trial of
the case.
ii. He shall not tamper with prosecution
witnesses and also shall not hamper further
investigation, if any, and trial of the case in
any manner, and
iii. He shall not commit similar offences or any
offence during the pendency of case.
Sd/-
(TYAGARAJA N. INAVALLY)
JUDGE
RSP
List No.: 1 Sl No.: 3