- 1 - NC: 2025:KHC:7196 CRL.A No. 214 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE V SRISHANANDA CRIMINAL APPEAL NO. 214 OF 2025 BETWEEN: 1. SRI PRADEEP KUMAR S/O LATE SHIVASWAMY, AGED ABOUT 32 YEARS CURRENTLY RESIDING AT YADUGIRI POLICE QUARTERS B BLOCK, 7TH BLOCK, JAYANAGARA BENGALURU - 560 041 2. SMT. PADMA @ PADMAVATHY W/O LATE SHIVASWAMY AGED ABOUT 54 YEARS BOTH ARE RESIDENTS OF LAKKENAHALLY VILLAGE T. KODIHALLY POST ARSIKERE TALUK HASSAN DISTICT - 573 103 … APPELLANTS (BY SRI. ARUNA SHYAMA, SENIOR COUNSEL ALONG WITH SRI. PRADYUMNA MANJITTAYA, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR HIGH COURT BILDINGS BENGALURU - 560 001 2. DIVYA BAI M.K., W/O PRADEEP KUMAR, AGED ABOUT 27 YEARS Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7196 CRL.A No. 214 of 2025 YADIYURU POLICE QUARTERS B BLOCK, 7TH BLOCK, JAYANAGARA BENGALURU - 560 041 … RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FO R1 SRI. NARAYANA S., ADVOCATE FOR R2) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14(A)(2) OF SC/ST (POA) ACT, 2015 PRAYING TO SET ASIDE THE ORDER DATED 18.01.2025 PASSED IN CRL.MISC.NO.79/2025 ON THE FILE OF THE HONBLE LXX ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE AT BENGLAURU (CCH-71) AND ENLARGE THE APPELLANTS ON ANTICIPATORY BAIL IN CR.NO.424/2024 FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 351(3), 352, 74, 85 OF BNS, 2023 AND UNDER SECTION 4 OF D.P. ACT, 1961 AND UNDER SECTION 3(1)(r), 3(1)(s) OF PREVENTION OF ATROCITIES ACT, 1989 WITH A DIRECTION TO RELEASE HIM ON BAIL IN THE EVENT OF ARREST IN THE ABOVE CRIME. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE V SRISHANANDA ORAL JUDGMENT Heard. 2. Objections filed by the learned HCGP is taken on record. 3. Learned counsel for respondent No.2 submits that it is a dispute between the husband and wife and therefore, he has no objection to allow the appeal. - 3 - NC: 2025:KHC:7196 CRL.A No. 214 of 2025 4. Placing submission of learned counsel for respondent No.2 on record and having heard the arguments of learned Senior Counsel, Sri Aruna Shyama for the appellants, this Court is of the considered opinion that no prima facie case is made out which would attract the offence punishable under Sections 3(1)(r) and (s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, (for short 'SC/ST (PoA) Act') and other offences are not so grave enough so as to deny anticipatory bail, but, the grounds of appeal would merit for consideration despite bar under Section 18 of the 'SC/ST (PoA) Act. 5. Accordingly, without expressing any further opinion on the merits of the matter, following order is passed: ORDER (i) Appeal is allowed. (ii) Appellants are directed to join the investigation by appearing before the Investigating Officer on 27.02.2025 at about 10:00 A.M. Thereafter, the Investigating Officer is at liberty to take the appellants into custody and conclude the custodial investigation, if any, on the very same day - 4 - NC: 2025:KHC:7196 CRL.A No. 214 of 2025 before 2:00 P.M., and thereafter, enlarge them on bail on obtaining bond for Rs.50,000/- each with one surety to the likesum and satisfaction of the Investigating Officer. (iii) Appellants shall not tamper prosecution witnesses. (iv) Appellants shall appear before the Investigating Officer and the Court as and when directed. (v) Appellants shall not leave the jurisdiction of Bengaluru Urban District without prior permission. Sd/- (V SRISHANANDA) JUDGE AV List No.: 1 Sl No.: 23