Bail can be granted if the accused have no criminal antecedents, the investigation is complete, and the victim's condition is stable, despite serious allegations.

JUDGMENT :

S. VISHWAJITH SHETTY, J.

1. Accused Nos.1 to 4 and 11 to 14 in Crime No.104 of 2025 registered by Haveri Town Police Station, Haveri, for offences punishable under Sections 189 (2), 191(2), 191(3), 109, 132, 115(2), 118(1), 351(3), 352 and 190 of BNS 2023 and Sections 3(1)(r), 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 are before this Court in these two appeals filed under Section 14(A)(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 seeking regular bail.

2. Heard learned counsel for the appellants and the learned HCGP for respondent No.1. Respondent Nos.2 and 3, who are served in the matter, have remained unrepresented before this Court.

3. FIR in Crime No.104 of 2025 was registered by Haveri Town Police Station, Haveri, for the aforesaid offences against Akashata K.C. and 9 others based on the first information dated 07.06.2025 received from Suresh S/o Ashok. During the course of investigation, appellants herein were arrested and in their remand application, they were arrayed as accused Nos.1 to 4 and 11 to 14. Their bail applications filed before the Jurisdictional Sessions Court was rejected and therefore they are before this Court in these two appeals seeking regular bail.

4. Learned counsel for the appellants having reiterated the grounds urged in the appeal memorandum submits that, injured victim has been discharged from the hospital and his condition is stable. The appellants herein do not have any criminal antecedents and multiple criminal cases are registered against them by the first informant and his accomplices only with an intention to wreck vengeance against them having regard to the incident that had taken place on 05.06.2025. Investigation of the case is already completed and charge sheet has been filed. Appellants are all working as daily wagers and they are the bread earners of their family. Accordingly, they pray to allow the appeals.

5. Per contra, learned HCGP has opposed the application. She submits that in addition to the present case, two other criminal cases are registered against the accused. Injured victim Rajesh Doddamani had suffered grievous injuries in the incident in question and he was admitted in a hospital for a considerable period of time. In the event appellants are enlarged on bail, they may tamper with the charge witnesses. Accordingly, she prays to dismiss the appeals.

6. Perusal of the material made available to this Court would go to show that on 05.06.2025 at about 10.00 am, when the Pourakarmikas working in Haveri Town Municipality, on the orders of the Commissioner of the Muncipality, went to remove a banner relating to the Birthday of accused No.2-Shantappa Koravar, accused No.2-Akshata K.C. allegedly had abused, Rangappa Herakal one of the Pourakarmikas referring to his caste and had assaulted him causing simple injuries. In respect of the alleged incident that had taken place on 05.06.2025, First Information Report in Crime No.103/2025 was registered by Haveri Town Police Station, Haveri against Akshata K.C., Shantappa Koravar and 4 others for the offences punishable under Sections 189 (2), 191(2), 191(3), 115(2), 118(1), 351(3) and 352 r/w Section 190 of BNS 2023.

7. The accused in Crime No.103/2025 therefore had a vengeance against the Pourakarmikas of Haveri Town municipality and on 07.06.2025 at about 10.15 a.m., when the Pourakarmikas were near Venketeshwara Bar and Restaurant within the jurisdiction of Haveri Town police station, accused Nos.1 and 2 along with others came there and after abusing the first informant Suresh referring to his caste, allegedly assaulted another Pourakarmika by name Rajesh Doddamani with a cricket bat and with a broken beer bottle and caused grie