- 1 - HC-KAR NC: 2025:KHC:20132 CRL.A No. 39 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA CRIMINAL APPEAL NO. 39 OF 2025 (U/S 14(A) (2)) BETWEEN: ROHITH, S/O SRINIVAS, AGED ABOUT 18 YEARS, RESIDING AT HOSAHALLI VILLAGE, KASABA HOBLI, MAGADI TALUK, RAMANGARA DISTRICT - 562 120 …APPELLANT (BY SRI. A.N. RADHA KRISHNA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY MAGADI POLICE, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU - 560 001 2. SMT. POORVIKA, W/O MARUTHI, AGED ABOUT 30 YEARS, RESIDENT OF SIDDANAHOSAHALLI, VILLAGE, DASANAPURA HOBLI, BENGALURU NORTH TALUK - 562 162 …RESPONDENTS (BY SRI. HARISH GANAPATHY, HCGP FOR R1 R2 - SD) THIS CRL.A. IS FILED U/S.14(A) (2) OF SC/ST (POA) ACT, 2015 PRAYING TO SET ASIDE THE ORDER DATED 10.12.2024, PASSED BY THE LEARNED 1ST ADDITIONAL DISTRICT AND SESSIONS JUDGE, RAMANAGARA IN CRL.MISC.NO.969/2024 DISMISSING CRL.MISC.PETITION AND ALLOW THE APPEAL AND GRANT BAIL TO Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:20132 CRL.A No. 39 of 2025 THE APPELLANT IN CR.NO.213/2024 OF MAGADI POLICE FOR OFFENCE P/U/S 61(2), 103(1), 238 OF BNS AND U/S.3(2)(V) OF SC/ST ACT 2015 NOW PENDING ON THE FILE OF THE LEARNED IST ADDL. DISTRICT AND SESSIONS JUDGE, RAMANAGARA IN SPL.C.NO.164/2024. THIS CRL.A., COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA ORAL JUDGMENT The appellant -accused No.5 is before this Court seeking grant of bail under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015 (hereinafter referred to as ‘the Act’ for short) in Crime No.213/2024 of Magadi Police Station, pending before the learned Additional District and Sessions Judge, Ramanagara in Crl.Misc.No.969/2024 registered for the offences punishable under Sections 61(2), 103(1), 238 of Bharatiya Nyaya Sanhita (for short 'BNS'), 2023 and Section 3(2)(v) of the Act on the basis of the first information lodged by informant-Poorvika. 2. Heard Sri. A.N.Radha Krishna, learned Counsel for the appellant and Sri. Harish Ganapathy, learned High Court Government Pleader for respondent No.1-State. Perused the materials on record. - 3 - HC-KAR NC: 2025:KHC:20132 CRL.A No. 39 of 2025 3. In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is: “Whether the appellant-accused No.5 is entitled for grant of bail under Section 14-A of SC/ST (Prevention of Atrocities) Act, 1989?” My answer to the above point is in ‘Affirmative’ for the following: R E A S O N S 4. It is the contention of the prosecution that FIR came to be registered on the basis of first information lodged by the first informant for the offences punishable under Sections 103(1), 238 of BNS, 2023. Accused Nos.1 to 5 were apprehended during investigation and the charge sheet came to be filed. As per column No.17 of the charge sheet, it was accused Nos.1 to 4, who have committed the overt-act and caused the death of deceased Lalitha @ Divya by strangulating her neck with towel. The overt-act alleged against the present appellant is that, he was having a watch and ward at a distance to guard any third party coming to the scene of occurrence. - 4 - HC-KAR NC: 2025:KHC:20132 CRL.A No. 39 of 2025 5. Learned counsel for the appellant submits that accused Nos.2, 3 and 4, against whom serious allegations are made were granted bail by the Trial Court. 6. The appellant was apprehended on 13.08.2024, and since then he is in judicial custody. It is not the contention of the prosecution that he is required for further investigation, or that he is having any criminal antecedents. Under such circumstances, his detention in custody would amount to pre- trial punishment. Therefore, I am of the opinion, that the appellant may be granted bail, subject to conditions which will take care of the interest of the prosecution as well as interest of the complainant and the witnesses. 7. Accordingly, I answer the above point in the affirmative and proceed to pass the following: ORDER The appeal is allowed. The appellant is ordered to be enlarged on bail in Crime No.213/2024 of Magadi Police Station, on obtaining the bond in a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the jurisdictional Court, subject to the following conditions: - 5 - HC-KAR NC: 2025:KHC:20132 CRL.A No. 39 of 2025 a). The appellant shall not commit similar offences. b). The appellant shall not threaten or tamper with the prosecution witnesses. c). The appellant shall appear before the Court as and when required. If in case, the appellant violates any of the conditions as stated above, the prosecution will be at liberty to move the Trial Court seeking cancellation of bail. On furnishing the sureties by the appellant, the Trial Court is at liberty to direct the Investigating Officer to verify the correctness of the address and authenticity of the documents furnished by the appellant and the sureties and a report may be called for in that regard, which is to be submitted by the Investigating Officer within 5 days. The Trial Court on satisfaction, may proceed to accept the sureties for the purpose of releasing the appellant on bail. Sd/- (M G UMA) JUDGE BH List No.: 1 Sl No.: 34