IN THE HIGH COURT OF KARNATAKA, AT DHARWAD

DATED THIS THE 9^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL APPEAL NO.100566 OF 2025

(U/S 14 A(2) of SC and ST ACT)

BETWEEN:

SHIVANAND S/O. KEMPANNA GHASTI,

AGE. 26 YEARS, OCC. AGRICULTURIST,

R/O. MADAMAKKANAL VILLAGE,

IN HUKKERI TALUKA, DIST. BELAGAVI-591309.

…APPELLANT

(BY SRI. SHARAD MALGOUND PATIL, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA, BY STATE PUBLIC PROSECUTOR,

HIGH COURT OF KARNATAKA,

DHARWAD BENCH, AT: DHARWAD

THROUGH SHO HUKKERI, POLICE STATION.

2. SHIVANAND S/O. VIJAY KAMBLE

Digitally signed by AGE. 26 YEARS, OCC. AGRICULTURIST,

SAMREEN AYUB R/O. MADAMAKKANAL VILLAGE,

DESHNUR

IN HUKKERI TALUKA, DIST. BELAGAVI-591309.

Location: HIGH

COURT OF …RESPONDENTS

KARNATAKA

(BY SRI. JAIRAM SIDDI, HCGP FOR R1;

SMT. SHAILA BELLIKATTI, ADVOCATE FOR R2)

THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14 A(2) OF

SC AND ST (POA) ACT 1989, PRAYING TO, SET ASIDE THE ORDER DATED 31/07/2025 PASSED IN CRL MIS NO.00747/2025 BY THE III ADDL DISTRICT AND SESSIONS JUDGE, BELAGAVI AND TO ENLARGE THE APPELLANT/ACCUSED NO.4 ON BAIL IN CRIME NO.79/2025 REGISTERED BY HUKKERI CIRCLE POLICE STATION, PENDING ON THE FILE OF III ADDL SESSIONS JUDGE, BELAGAVI FOR THE OFFENCES PUNISHABLE UNDER SECTION-103(1) R/W 3(5) OF BNS 2023 AND ALSO UNDER SECTION 3(2)(VA) OF PREVENTION ATROCITIES

AMENDMENT ACT, 2015 AND ETC.,.

THIS CRIMINAL APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

ORAL JUDGMENT

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

1. The appellant in this case is arrayed as accused No.4, subsequently, in the charge sheet he has been arrayed as accused No.3, is before this Court seeking for regular bail in Crime No.79/2025 of respondent-police for the offences under Sections 103(1) read with Section 3(5) of Bhartiya Nyaya Sanhita, 2023 and Section 3(2)(v) of Scheduled Castes and Schedule Tribes (Prevention of Atrocities) Amendment, 2015.

Brief facts of the case:

2. The case of the prosecution is that accused Nos.1 and 2 were doing centring work along with complainant and his brother Sachin. There was a dispute in respect of said work between accused No.1 and the brother of the complainant. As a result of which, accused Nos.1 and 2 have left the work and went to work with Ganesh @ Gajanan Chandrakant Harijan. The brother of the complainant had quarrelled with Ganesh @ Gajanan stating that why he had called the workers who were working along with them.

3. It is further stated that accused Nos.1, 2 and the present petitioner hatched a conspiracy to commit the murder of brother of the complainant. On 09.06.2025, it is alleged that they killed the deceased. Therefore, a complaint came to be registered against the accused persons.

4. Based on the said complaint, the respondent-

police have registered a case and after conducting investigation, submitted the charge sheet.

5. Heard Sri. Sharad Malgound Patil, learned counsel for appellant, Sri. Jairam Siddi, learned High Court Government Pleader for respondent No.1-State and Smt.

Shaila Bellikatti, learned counsel for respondent No.2.

6. The submission of the learned counsel for the appellant is that, the appellant is arrayed as accused No.3 in the charge sheet. The allegations made against him that he hatched the conspiracy along with accused Nos.1 and 2 who committed murder of Sachin, the brother of the complainant.

7. It is further submitted that the entire case is based on circumstantial evidence. The overt - act attributed against the appellant is based on voluntary statement of co-accused. The appellant is the earning member of the family and he was doing cantering work. The appellant is the permanent resident of Madamakkanal village, Hukkeri Taluka and he will abide by the conditions imposed by this Court in the event of his release on bail. Making such submissions, the learned counsel for the appellant prays to allow the appeal.

8. Learned counsel for respondent No.2 vehemently submitted that accused Nos.1 and 2 were earlier working along wi