Bail granted based on absence of criminal antecedents and completion of investigation.

ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)

Accused Nos.1, 3 and 4 in Crime No.89 of 2025 registered by Malamaruthi Police Station, Belagavi, for offences punishable under Sections 115 (2), 109, 352, 351(3), 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 3 (1)(r), 3(1)(s), 3(2)(v), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 and Section 27(1) of Indian Arms Act, 1959 , are before this Court in this appeal filed under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, seeking regular bail.

2. FIR in Crime No.89 of 2025 was registered by Malamaruthi Police Station, Belagavi, for the aforesaid offences against Kiran and others, based on the first information dated 03.06.2025 received from Raju Bairu Naik, who is one of the injured victims in the present case. During the course of investigation, appellants herein were arrested on 03.06.2025 and in their remand application, they were arraigned as accused Nos.1, 3 and 4. Their bail application filed before the Jurisdictional Sessions Court in Criminal Miscellaneous No.756 of 2025 was rejected on 14.08.2025. Therefore, they are before this Court.

3. Heard the learned counsel for the appellants and learned HCGP for respondent No.1. Respondent Nos.2, 3 and 4, who are the first informant and the victims respectively, in the present case, are served and unrepresented before this Court.

4. Perusal of the averments found in the first information submitted by one of the injured victim would go to show that on 02.06.2025 at about 10:00 p.m., the injured in the present case had gone to Ashirwad Bar and Restaurant for a party. Accused No.1 is said to be working as a waiter in the said bar and restaurant. Accused No.1 and other waiters allegedly had quarrelled with the victims in the present case over the issue of using tissue papers and thereafter, at about 11.30 p.m., outside the aforesaid bar and restaurant, the accused persons allegedly had abused the victims referring to their caste and had assaulted them. In the alleged assault, Prashant Siddarayi Satyanaik has suffered grievous injuries and other two victims have suffered simple injuries. Prashant Siddarayi Satyanaik has suffered 14 grievous injuries in the present case and he was admitted in the hospital for a period of nearly 11 days. Allegation of assaulting Prashant Siddarayi Satyanaik with a dragger is found against accused No.2, who is the brother of accused No.1. So far as appellants herein are who are arraigned as accused Nos.1, 3 and 4 in the present case are concerned, there is no allegation against them about assaulting the injured victims with any weapons.

5. Undisputedly, the appellants herein do not have criminal antecedent. Investigation of the case is completed and charge sheet has been filed. Therefore, I am of the opinion that prayer made by the appellants for grant of regular bail needs to be answered affirmatively. Accordingly, the following:

ORDER

Criminal Appeal is allowed.

The order dated 14.08.2025 passed by the Court of III Additional Sessions Judge, Belagavi in Criminal Miscellaneous No.756 of 2025, as against the appellants herein, is hereby set aside.

The appellants are directed to be enlarged on bail in Criminal Miscellaneous No.756 of 2025 pending before the Court of III Additional Sessions Judge, Belagavi, arising out of Crime No.89 of 2025 registered by Malamaruthi Police Station, Belagavi, for offences punishable under Sections 115 (2), 109, 352, 351(3), 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 3 (1)(r), 3(1)(s), 3(2)(v), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 and Section 27(1) of Indian Arms Act, 1959 , subject to