Mahesh S/O Basavaraj Jamadar vs State Of Karnataka & Ors

G Basavaraja, J

The appellant has filed this appeal under Section 14-A(2) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, SC/ST (PoA) Act') for grant of bail as the appellant-accused is in judicial custody.

I have heard the arguments on both sides.

On basis of the complaint filed by one Savalesh-complainant, the respondent-Aland Police have registered a case in Crime No.148/2025 against accused Nos.1 to 3 for the offences punishable under Sections 189(2), 191(2), 191(3), 118(1), 118(2), 103, 352, 324(4), 351(2), 190 of BNS, 2023 and Sections 3(1)(r)(s), 3(2)(v) of SC/ST (PoA) Act.

During the course of investigation, the Investigating Officer has arrested the appellant-accused on 12.06.2025 and produced before the Court and he was remanded to judicial custody. The bail application was filed before the II-Addl. Dist. & Sessions Judge, Kalaburagi in Special Case No.240/2025, which came to be dismissed on 04.04.2026. Being aggrieved by the same, the appellant has preferred the present appeal.

Learned counsel for the appellant has urged the following grounds for grant of bail:

(i) The Appellant are law -abiding citizens and are connected to the offences alleged.

(ii) There is no material on record to implicate the Appellant with the alleged crime.

(iii) It is submitted that the prosecution has cited CW-14 as an injured eyewitness and CW-15 to 19 as eye witnesses to the alleged incident, however on perusal of the statements of the CW-14 to 19 recorded U/S 181 of BNSS & U/S 183 of BNSS it becomes crystal clear that there are glaring discrepancies in the statements, hence the appellant may kindly be granted bail.

(iv) It is submitted that this Hon'ble Court has granted bail to Accused No.10 vide order dated 18/08/2025 passed in CRL. A 200240/2025, hence the appellant deserve to be granted bail on the ground of parity.

(v) It is submitted that Accused No 6 to 9 have been granted bail by this Hon'ble Court vide order dated 04/04/2026 passed in CRL A 200261/2025, hence the appellant may kindly be granted bail on the ground of parity.

(vi) It is submitted that looking into the contents of the prosecution papers it becomes crystal clear that there is no prima facie case made out for the offence punishable under the SC/ST PA Act.

(vii) It is submitted that the appellant is detected with Lipoma of both forearm and the doctor has suggested for surgical excision of lipoma both forearm, hence the appellant requires to undergo surgery immediately for the above said ailment, hence the appellant may kindly be enlarged on bail.

(viii) It is submitted that Appellant no.1 was arrested on 12/06/2025 and since then the Appellant is in judicial custody and now since investigation is completed and charge sheet is filed, the presence of the Appellant for the purpose of interrogation or recovery is not required, hence the appellant may kindly be enlarged on bail.

(ix) It is submitted that the Appellant belong to a respectable family having deep roots in the society.

(x) It is submitted that the Appellant is a permanent resident of the address shown in the cause title, having both moveable and immoveable property, hence the question of Appellant fleeing away from justice does not arise, hence the Appellant may kindly be granted bail.

(xi) It is instructed that the Appellant has no criminal antecedents and are ready and willing to abide by any conditions imposed by this Hon'ble court and is also ready to furnish solvent surety to the satisfaction of this Hon'ble Court.

(xii) It is submitted that no other bail application is pending before any other court of law which is filed by the Appellant herein.

On all these grounds, prays to allow the appeal.

To substantiate his arguments, he has also produced the documents i.e. discharge summary and other medical documents of the appellant.

The Investigating Officer has submitted the charge-sheet against accused Nos.1 to 10 for the offences punishable under Sections 189(2), 191(2), 191(3), 118(1), 118(2), 61(2), 55, 103, 352, 324(4), 351(2), 190 of BNS, 2023 and Sections 3(i)(r)(s), 2(v) of SC/ST (PoA) Act. In column No.17 of the charge-sheet it is stated as under:

On careful examination of the materials placed before this Court, the prosecution alleged that accused Nos.1 to 3 have assaulted to the deceased on his head and face with club and wheel pana and caused the death of the deceased. CWs.1, 14 to 19 are the eyewitnesses to the incident.

On careful examination of the materials on record, at this stage, I am of the opinion that there are prima facie materials to constitute the alleged offences against the present appellant.

It is submitted by the learned counsel for the appellant that the appellant is detected wit lipoma of both forearm and the Doctor has suggested for surgical excision of lipoma both forearum, hence, the appellant requires to undergo surgery immediately for the above ailment.

To substantiate his arguments, he has produced memo along with documents i.e. discharge summary issued by the Gulbarga Institute of Medical Sciences Teaching Hospital, Kalaburagi and photos of the appellant.

This medical ground urged by the appellant is not a ground to release the accused on bail. In this regard, this Court can direct the Jail Authorities to provide suitable treatment in suitable hospital without causing delay. Accordingly, I proceed to pass the following:

ORDER

(i) The appeal is dismissed.

(ii) The Jail Authorities are directed to provide suitable treatment in the concerned hospital without causing any delay under intimation to this Court.

(iii) The Jail Authorities are directed to submit their progress report in providing treatment to the injured to the Addl. Registrar General of this Court.

(iv) The Registry is directed to send intimation to the concerned Jail Authorities through e-mail to provide suitable treatment to the appellant.