- 1 - NC: 2025:KHC-K:2647 CRL.A No. 200113 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 8TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL APPEAL NO.200113 OF 2025 (U/S 14 (A)) BETWEEN: 1. SHEELA S/O CHANDRASHEKHAR NAATIKAR, AGE: 38 YEARS, OCC: COOLIE, R/O S.M. KRISHNA COLONY, KALABURAGI. 2. BHAVANI @ BASAVARAJ S/O LAKSHMIKANT JAMDAR, AGE: 24 YEARS, OCC: COOLIE, R/O NEAR HANUMAN TEMPLE, GANGA NAGAR, KALABURAGI. 3. ANIKTHA @ ANKUSH S/O BASAVARAJ JAMDAR, AGE: 29 YEARS, OCC: COOLIE, R/O DIGGI VILLAGE, TQ. ALAND, DIST. KALABURAGI. …APPELLANTS (BY SRI BASAVALING NASI, ADVOCATE) AND: 1. THE STATE, THROUGH ASHOK NAGAR P.S. KALABURAGI, REPRESENTED BY HCGP, HIGH COURT OF KARNATAKA AT KALABURAGI BENCH-585 103. Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2647 CRL.A No. 200113 of 2025 2. XXX …RESPONDENTS (BY SRI MALLIKARJUN SAHUKAR, AGA FOR R1; R2 SERVED) THIS CRL.A. IS FILED UNDER SECTION 14-A (2) OF SC/ST (PA) ACT, PRAYING TO SET ASIDE THE ORDER OF II ADDL. DIST. AND SESSIONS JUDGE AT KALABURAGI BEARING CRIME NO.51/2025 OF ASHOK NAGAR P.S. FOR THE OFFENCE U/SEC. 189(2), 191(2), 191(3), 115(2), 118(1), 127(3), 109, 133, 140(3), 352, 351(2), 190 OF BNS AND SEC. 3(1) (E) (R) (S), 3(2)(V) OF SC/ST ACT. THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused Nos.1, 3 and 4 in Crime No.51/2025, registered by the Ashok Nagar Police Station, Kalaburagi, for the offences punishable under Sections 189(2), 191(2), 191(3), 115(2), 118(1), 127(3), 109, 133, 140(3), 352, 351(2) and 190 of BNS, 2023 and Sections 3(1) (e) (r) (s) and 3(2)(v) of the SC/ST (POA) Act are before this - 3 - NC: 2025:KHC-K:2647 CRL.A No. 200113 of 2025 Court in this appeal filed under Section 14(A)(2) of the SC/ST (POA) Act, seeking regular bail. 2. FIR in Crime No.51/2025 was registered by the Ashok Nagar Police Station, Kalaburagi, against Sheela @ Vijyakumar and others for the aforesaid offences based on the first information made on 17.03.2025, received from Ankita Chawna, who is alleged victim in the present case. During the course of investigation of the case, the appellants herein, who are arrayed as accused Nos.1, 3 and 4 in the FIR arrested on 17.03.2025 and subsequently remanded to judicial custody. Their bail application filed before the jurisdictional Sessions Court in Crime No.51/2025 was rejected 29.03.2025. Therefore, they are before this Court. 3. Heard learned counsel for the appellants and learned Additional Government Advocate for respondent No.1/State. - 4 - NC: 2025:KHC-K:2647 CRL.A No. 200113 of 2025 4. Learned counsel for the appellants having reiterated the grounds urged in this appeal submits that there is an inordinate delay in filing the criminal case. He submits that prior to registration of FIR in the present case, the very same police have registered FIR in Crime No.49/2025 and Crime No.50/2025 and suppressing the same, the present case is registered. The appellants are in custody for the last more than one month. Accordingly, he prays to allow the appeal. 5. Per Contra, learned Additional Government Advocate has opposed the appeal on the ground that the investigation of the case is under progress. 6. Perusal of the material on record would go to show that in the first information it is submitted by the alleged victim that she is a transgender and she was staying along with accused No.1, who is also a transgender and at the request of accused No.1, she had given her money. When the first informant was asked to repay the said money, accused persons had assaulted the - 5 - NC: 2025:KHC-K:2647 CRL.A No. 200113 of 2025 victim/first informant in the month of December, 2024. It is further alleged that in the month of February, 2025, the accused persons named in the FIR had once against abused and assaulted the victim and an attempt was also made to commit her murder by throttling her neck. It is further alleged that the accused persons had criminally intimidated the first informant and also further alleged that the accused persons had once again assaulted the first informant on 17.03.2025 and thereafter first informant had approached the police. Undisputedly, in the alleged incident that had taken placed on 17.03.2025, the victim/first informant has not suffered any injuries. In respect of the alleged earlier incident, which is alleged in the first information in the present case, it appears that already a criminal case was registered in Crime No.49/2025 by the very same police on the basis of the first information received on 16.03.2025 from the victim. 7. Learned counsel for the appellants has produced photocopy of FIR in Crime No.50/2025 which is registered against first informant Ankita Chawna and - 6 - NC: 2025:KHC-K:2647 CRL.A No. 200113 of 2025 another person for the offences punishable under Sections 126(2), 115(2), 352 read with Section 3(5) of BNS, 2023 based on the first information submitted by accused No.3 Bhavani in the present case. All the accused as well as the first informant in the present case appears to be transgender’s. They were all living together. It is only after a monitory dispute arose between them, they have quarreled with each other and multiple criminal cases are now registered against each other. 8. Be that as it may, insofar as the present case is concerned, the first informant has not suffered any injuries and the appellants, who are arrested in the present case on 17.03.2025 are in the custody ever since then. Considering the aforesaid aspect of the matter, I am of the view that without expressing any opinion on the merits of the case, the prayer made by the appellants for grant of regular bail needs to be answered affirmatively. Accordingly, following order is passed: - 7 - NC: 2025:KHC-K:2647 CRL.A No. 200113 of 2025 ORDER The appeal is allowed. The order of the II Additional District and Sessions Judge at Kalaburagi in Crime No.51/2025 is set aside. The appellants are directed to be enlarged on bail in Crime No.51/2025 of Ashok Nagar Police Station, Kalaburagi, registered for the offences punishable under Sections 189(2), 191(2), 191(3), 115(2), 118(1), 127(3), 109, 133, 140(3), 352, 351(2) and 190 of BNS, 2023 and Sections 3(1) (e) (r) (s) and 3(2)(v) of the SC/ST (POA) Act, pending before the II Additional District and Sessions Judge at Kalaburagi, subject to the following conditions: a) The appellants shall execute personal bond for a sum of Rs.1,00,000/- each with two sureties each for the likesum, to the satisfaction of the jurisdictional Court; b) The appellants shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; - 8 - NC: 2025:KHC-K:2647 CRL.A No. 200113 of 2025 c) The appellants shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The appellants shall not involve in similar offences in future; e) The appellants shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S.VISHWAJITH SHETTY) JUDGE RSP List No.: 1 Sl No.: 45 CT: AK