SIDDAPPA S/O BALAPPA HALLIKERI vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:16935
CRL.A No. 100483 of 2026
CNR: KAHC020172662026
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 13 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MRS JUSTICE RAJESHWARI N.HEGDE
CRIMINAL APPEAL NO. 100483 OF 2026
(U/S 14 A(2) OF SC AND ST ACT)
BETWEEN:
1. SIDDAPPA S/O BALAPPA HALLIKERI
AGE: 50 YEARS, OCC. COOLIE
R/O. KANAGINAHAL, TQ. GADAG
DIST. GADAG- 582101.
2. NAVEEN S/O SIDDAPPA HALLIKERI
AGE: 21YEARS, OCC. STUDENT
R/O. KANAGINAHAL, TQ. GADAG
DIST. GADAG- 582101.
3. DEVARAJ S/O PRAKASH HALLIKERI
AGE: 19 YEARS OCC STUDENT
R/O. KANAGINAHAL, TQ. GADAG
DIST. GADAG- 582101.
4. VEERESH @ DARSHAN
S/O PRAKASH HALLIKERI
AGE: 18 YEARS, OCC. STUDENT
R/O. KANAGINAHAL, TQ. GADAG
DIST. GADAG- 582101.
5. VIJAVVA @ VIJAYALAXMI
D/O SIDDAPPA HALLIKERI
AGE: 36 YEARS, OCC. COOLIE
R/O. KANAGINAHAL, TQ. GADAG
DIST. GADAG- 582101.
Digitally signed
by BHARATHI H
M
Location: HIGH
COURT OF
KARNATAKA
DHARWAD
BENCH
Date: 2026.10.14
17:13:27 +0530
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CRL.A No. 100483 of 2026
CNR: KAHC020172662026
6. MANJAVVA W/O PRAKASH HALLIKERI
AGE: 38 YEARS, OCC. COOLIE
R/O. KANAGINAHAL, TQ. GADAG
DIST. GADAG- 582101.
…APPELLANTS
(BY SRI N.R.KUPPELUR, ADVOCATE.)
AND:
1. THE STATE OF KARNATAKA
BY ITS GADAG RURAL POLICE STATION,
TQ. AND DIST. GADAG,
R/BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD- 580001.
2. BASAVARAJ S/O DEVAPPA HATALGERI
AGE: 27 YEARS OCC. COOLIE
R/O. KANAGINAHAL, TQ. GADAG
DIST. GADAG- 582101.
3. DEVAPPA S/O MALLAPPA HATALAGERI
AGE. 65 YEARS, OCC. COOLIE,
R/O. KANAGINAHAL, TQ. GADAG
DIST. GADAG- 582101.
4. MANJAVVA MUKKANNA HATALAGERI
AGE. 25 YEARS, OCC. COOLIE,
R/O. KANAGINAHAL, TQ. GADAG
DIST. GADAG- 582101.
…RESPONDENTS
(BY SRI ABHISHEK MALIPATIL, HCGP FOR R1;
NOTICE TO R2 TO R4 ARE SERVED.)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION
14(A)(2) OF SCHEDULED CASTES AND SCHEDULED TRIBES
(PREVENTION OF ATROCITIES) AMENDMENT ACT 2015,
SEEKING TO SET ASIDE THE ORDER DATED 08.09.2026,
PASSED BY ADDITIONAL DISTRICT AND SESSIONS JUDGE,
GADAG, IN GADAG RURAL P.S.CRIME NO.208/2026 AND TO
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NC: 2026:KHC-D:16935
CRL.A No. 100483 of 2026
CNR: KAHC020172662026
GRANT ANTICIPATORY BALL TO THE APPELLANTS/ACCUSED
NO.1 AND 3 TO 7 IN CRIME NO.208/2026 IN GADAG RURAL
P.S., FOR THE ALLEGED OFFENCES PUNISHABLE UNDER
SECTION 189(2), 191(3), 115(2), 118(1), 351(2), 352, READ
WITH SECTION 190 OF BHARATIYA NYAYA SANHITA, 2023 AND
ALSO UNDER THE PROVISIONS OF SECTION 3(1)(r), 3(1)(s),
3(2)(va), OF THE SC/ST (POA) AMENDMENT ACT 2015 AND TO
PASS APPROPRIATE ORDER AS THIS COURT DEEMS JUST AND
PROPER IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR ORDERS THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE RAJESHWARI N.HEGDE
ORAL JUDGMENT
Accused Nos.1, 3 to 7 are before this Court seeking
anticipatory bail in the Crime No.208/2026 of Gadag Rural
Police Station, registered for the offences punishable under
Sections 189(2), 191(3), 115(2), 118(1), 351(2), 352
read with section 190 of Bharatiya Nyaya Sanhita, 2023
(for short ‘BNS’) and also under the provisions of section
3(1)(r), 3(1)(s), 3(2)(va) of the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Amendment
Act 2015.(for short ‘SC and ST Act’).
2. Facts of the case in brief is that, on 13.08.2026
at about 04:00 p.m., when the complainant’s brother’s
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CNR: KAHC020172662026
wife was washing the vessels in front of the house of the
accused, they have abused her taking their caste that they
belong to lower caste and washing of vessels causing
impurities to them. When the complainant and his father
questioned the accused why they are speaking taking their
caste, then accused No.4 took the club and assaulted the
complainant, the other accused have also taken stones
and assaulted, abused them in a filthy language. Due to
the said incident the complainant sustained injury on his
head, his father sustained injury on his leg and they took
treatment in the District Hospital, Gadag. Thereafter, they
initiated complaint which has been registered in Crime
No.208/2026.
3. It is submitted that, accused No.2 has been
arrested and now he has been enlarged on regular bail in
Criminal Miscellaneous No.382/2026 by the Additional
District and Sessions Judge, Gadag. It is submitted that
these accused have preferred an application for
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CRL.A No. 100483 of 2026
CNR: KAHC020172662026
anticipatory bail before the learned Additional District and
Sessions Judge, Gadag, in Criminal Miscellaneous
No.381/2026, which has been rejected. Against the said
order, present appeal is preferred.
4. In this appeal, notice has been served to
respondents No.2 to 4, who are the victims. They
remained unrepresented. Learned HCGP appeared for
respondent No.1 State and filed the statement of
objections.
5. Heard the arguments of learned counsel
Sri N.R.Kuppelur, appearing for the appellants and
Sri Abhishek Malipatil, learned HCGP for respondent No.1
State. Perused the material placed before this Court.
6. Learned counsel for the appellants submitted
that, the incident is said to have happened only with
regard to trivial issues i.e., washing the vessels in front of
the house of the accused by the complainant’s family
members. Further it is contended that, the accused in this
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crime has lodged a complaint against the complainant in
this crime and others which is registered in Crime
No.209/2026 for the offences punishable under Sections
189(2), 191(2), 191(3), 115(2), 74, 118(2) read with
section 190 of BNS.
7. It is contended that, in fact the complainant
and the members of the complainant’s family assaulted
these accused and these accused never assaulted them,
they have registered complaint against this complainant.
Further it is contended that, the complaint in Crime
No.209/2026 initiated by accused No.2 against the
complainant and his family members, they have been
enlarged on anticipatory bail. Therefore, it is submitted
that looking into the injuries sustained by the complainant
and others in this case, which are all simple in nature and
on perusal of the wound certificate pertaining to
respondents No.2 and 3, they have sustained simple
injuries. Therefore, learned counsel for appellants
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submitted that these appellants are entitled for grant of
anticipatory bail.
8. On the contrary, learned HCGP submitted that
there is a bar in granting anticipatory bail as contemplated
under Section 18 and 18A of the SC and ST Act and
therefore, it is submitted that these appellants are not
entitled to grant anticipatory bail.
9. Looking into the complaint allegations and
further as held in the judgment of Hon’ble Apex Court
reported in (2020) 4 SCC 727 in the case of Prathvi
Raj Chauhan vs. Union of India and others, though it
is true that there is a specific bar to grant anticipatory bail
under Section 18 and 18A of the Act. However, if there are
no prima facie materials made out, then this Court can
exercise its discretion for granting anticipatory bail.
Looking into the nature of the allegations as the incident is
said to have taken place only with regard to trivial issue,
further these accused have also initiated complaint against
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the complainant herein, which is a said to be counter
complaint and on going through the wound certificate,
they have sustained only simple injuries. It is also
submitted that the investigation has already completed
and charge sheet is filed.
10. Taking into consideration of all these factors,
this Court is of the view that these appellants are entitled
to grant anticipatory bail. Hence, this Court proceeds to
pass the following:
ORDER
The appeal is allowed .
The appellants who are accused Nos.1, 3 to 7 are
ordered to be enlarged on anticipatory bail in the event of
their arrest in connection with Crime No.208/2026 of Rural
Police Station, Gadag, registered for the offences
punishable Sections 189(2), 191(3), 115(2), 118(1),
351(2), 352 read with section 190 of Bharatiya Nyaya
Sanhita, 2023 and also under the provisions of section
3(1)(r), 3(1)(s), 3(2)(va) of the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Amendment
Act 2015, subject to the following conditions.
a) The appellants/accused shall appear
before the trial Court within 15 days form today
and shall secure regular bail.
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b) The appellants/accused shall execute
a personal bond for a sum of Rs.1,00,000/-
each along with two sureties for the like sum to
the satisfaction of the trial Court.
c) They shall not leave the jurisdiction
of the trial Court without prior permission of the
Court.
d) They shall not tamper and threaten
the prosecution witnesses in any manner.
e) They shall appear before the
Investigating Officer or the Court as and when
directed.
f) They 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.: 13