THIS CRIMINAL APPEAL IS FILED 14(A)(2) OF THE SCHEDULED CASTES AND HE SCHEDULED TRIBES (PREVENTION OF ATROCITIES ACT), 1989, PRAYING TO SET ASIDE THE ORDER DATED 21.01.2026 PASSED BY THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI IN CRL.MISC. NO. 1675/2025 AND ENLARGE THE APPELLANT/ACCUSED NO.2 ON REGULAR BAIL IN SPECIAL CASE NO.567/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 103(1), 61(2), 49 R/W.3(5) OF BNS AND U/S.3(2)(V) OF THE SC/ST (POA) ACT, 1989 ARISING OUT OF THE HUKKERI POLICE STATION CRIME NO.79/2025, ON SUCH TERMS AND CONDITIONS IN THE INTEREST OF JUSTICE.

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

CORAM: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

ORAL JUDGMENT

This appeal is filed by the appellant/accused No.2 under Section 14A(2) of the Scheduled Castes and the scheduled Tribes (Prevention of Atrocities) Act, 1989 enlarge the appellant on bail with following relief’s.

“Wherefore, in the light of the above grounds the Appellant/accused No.2 most humbly prays that this Hon’ble Court may be pleased to set aside the order dated 21.01.2026 passed by the learned III Addl. District and Sessions Judge, Belagavi in Crl.Misc.No.1675/2025 and this Hon’ble Court may be pleased to enlarge the Appellant/Accused No.2 on regular bail in Special Case No.567/2025 for the offences punishable U/s 103(1), 61(2), 49 r/w 3(5) of BNS and U/s 3(2)(V) of the SC and ST (POA) Act, 1989 arising out of the Hukkeri Police Station Crime No.79/2025, on such terms and conditions in the interest of justice”

It is the brief case of the prosecution, as per the complaint, FIR, charge sheet, and accompanying material, that enmity had developed between Accused No.1 and the deceased. Therefore, all the accused allegedly entered into a criminal conspiracy with each other to eliminate the deceased. In furtherance of the said conspiracy, Accused No.3 informed the others that the deceased was proceeding to his field to collect haystack. Thereafter, Accused Nos.1 and 2, along with juvenile in conflict with law, Ganesh alias Gajanan, went to the field where the deceased was collecting haystack and committed the murder of the deceased. Accordingly, a crime has been registered against the accused persons for the aforesaid offences.

Heard the learned counsel for the petitioner and the learned HCGP for the State, and perused the material on record.

The learned counsel for the petitioner submitted that there is no eyewitness to the incident and that the entire case is based on circumstantial evidence. It is further submitted that the petitioner/Accused No.2 has been in custody since 10.06.2025. It is also submitted that the charge sheet has been filed and the matter is now posted for trial. The petitioner is not required for any further investigation and, therefore, seeks to be enlarged on bail.

The learned HCGP for the State opposed the petition and prayed for its dismissal.

In the present case, from the charge sheet material, it is revealed that the accused had knowledge of the caste of the deceased, as they were residents of the same village. Therefore, the accused were aware that the deceased belonged to a Scheduled Caste family. The complaint averments further reveal that enmity had developed, and with this motive, all the accused hatched a plan to commit the murder of the deceased. Accordingly, weapons such as swords and a sickle were kept hidden in the field, and the accused waited for the deceased to come out, after which they attacked and murdered him. This is what is revealed in the charge sheet.

Furthermore, the overt act attributed to the petitioner/Accused No.2 is that he took out the sickle kept in the hidden place and, upon the arrival of the deceased, attacked him on the chest, throat, and other vital parts of the body, thereby committing the murder. Therefore, the overt act alleged against the petitioner/Accused No.2 is grievous in natu