- 1 - NC: 2025:KHC:4621 CRL.A No. 667 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE V SRISHANANDA CRIMINAL APPEAL No.667 OF 2024 (U/S 14(A) (2)) BETWEEN: SRI. MANJUNATH S.J @ SAMRAT MANJU S/O LATE JAYANTH AGED ABOUT 43 YEARS R/AT NO.42, 9TH CROSS SANJEEVINI NAGAR, MUDALPALYA BENGALURU-560 072 …APPELLANT (BY SRI. NARASIMHARAJU, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY KAMAKSHIPALYA P.S POLICE STATION, BENGALURU REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU-560 001 2. SMT. LEELAVATHI W/O LATE VENKATESH AGED ABOUT 42 YEARS R/O NO.20, 5TH CROSS LAKSHMANA NAGAR HEGGANAHALLI CROSS BENGALURU-562 110 …RESPONDENTS (BY SRI. RAHUL RAI K, HCGP FOR R1; R2-SERVED AND UNREPRESENTED) THIS CRL.A IS FILED U/S 378(3) CR.PC PRAYING TO SET ASIDE THE ORDER PASSED BY LXX ADDL. CITY CIVIL AND Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4621 CRL.A No. 667 of 2024 SESSIONS JUDGE AND SPECIAL JUDGE, BANGALORE IN CRL.MISC.NO.2422/2024 DATED 20.03.2024 AND ENLARGE THE APPELLANT ON BAIL IN THE EVENT, IF THE RESPONDENT POLICE ARREST THE APPELLANT IN CR.NO.105/2024 DATED 05.04.2024 FOR AN OFFENCE P/U/S 143, 144, 148, 323, 324, 327, 354, 355, 448, 504, 506, 509, 149 AND JUVENILE JUSTICE ACT, 2000 (U/S 75), S.C AND S.T (POA) ACT, 1989 (U/S 3(1)(r)(s) OF IPC 1860 BY GRANTING AN ANTICIPATORY BAIL. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE V SRISHANANDA ORAL JUDGMENT Heard Sri.Narasimharaju, learned counsel for the appellant as well as learned HCGP for respondent No.1- State. Respondent No.2-defacto complainant served and unrepresented. 2. The present appeal is filed under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short SC/ST (POA) Act). 3. The appellant is accused No.8 in Crime No.105/2024 registered by Kamakshipalya Police Station - 3 - NC: 2025:KHC:4621 CRL.A No. 667 of 2024 for the offences punishable under Sections 143, 144, 148, 323, 324, 327, 354, 355, 448, 504, 506, 509 read with Section 149 of IPC and Section 75 of Juvenile Justice Act, 2000 and Section 3(1)(r)(s) of SC/ST (POA) Act. 4. The accused approached this Court for grant of anticipatory bail for the aforesaid offences. 5. The said bail request of the appellant was rejected by the learned Special judge. Therefore, the appellant is before this Court seeking for grant of anticipatory bail. 6. Sri.Narasimharaju, learned counsel for the appellant addressing the arguments on merits of the matter also brought to the notice of this Court that similarly placed accused Nos.5 and 7 are already granted anticipatory bail by the District Court itself and rejecting the anticipatory bail for the appellant has resulted in miscarriage of justice and sought for allowing the appeal. - 4 - NC: 2025:KHC:4621 CRL.A No. 667 of 2024 7. Per contra, learned High Court Government Pleader opposes the bail grounds by contending that Section 18 of the SC/ST (POA) Act is a bar for entertaining the anticipatory bail request of the appellant and sought for dismissal of the appeal. 8. He also pointed out that the test of parity would fail in the case on hand as the role attributable to the present appellant is different from the role attributed to accused Nos.5 and 7 and thus sought for dismissal of the appeal. 9. Having heard the parties in detail, this Court perused the material on record meticulously. 10. On such perusal of material on record, it is crystal clear that the case of the prosecution would reveal that the complainant has been abused by taking out the caste name in the house. Whether at all the same was witnessed by any other general public or not is not forthcoming on record and the same needs to be - 5 - NC: 2025:KHC:4621 CRL.A No. 667 of 2024 investigated by the investigating agency and appropriate provisions have to be invoked by the investigating agency while filing the charge sheet. 11. Suffice to say that uttering of the abusive words taking out the caste name is by the other accused and insofar as present appellant is concerned, the allegation made in the complaint is that he has assaulted the complainant and her son by hands. 12. Role assigned to accused Nos.5 and 7 are practically similar to role assigned to present appellant in the complaint. Therefore, without expressing any opinion on the merits of the matter, the present appellant is also entitled for grant of anticipatory bail on the grounds of parity. 13. The other apprehensions of the prosecution would be met with by imposing suitable and stringent conditions. Further, if the appellant is directed to join the investigation the same would also facilitate the investigation process. - 6 - NC: 2025:KHC:4621 CRL.A No. 667 of 2024 14. Accordingly, the following: ORDER a) The appeal is allowed. b) The appellant is directed to join the investigation by appearing before the investigation officer on 17.02.2025 at about 10.00 a.m. c) Investigation officer is at liberty to take the appellant to custody and complete the custodial interrogation, if any, on the very same day before 4.00 p.m. and thereafter enlarge the appellant on bail by taking a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the investigation officer. d) Appellant shall co-operate with the investigation officer in all aspects. e) Appellant shall not tamper the prosecution witnesses in any manner. - 7 - NC: 2025:KHC:4621 CRL.A No. 667 of 2024 f) Appellant shall attend the Court regularly. g) Appellant shall not leave the jurisdiction of Bengaluru Urban District without prior permission. h) Violation of any one of the conditions would entitle the prosecution to seek for cancellation of the bail. Ordered accordingly. Sd/- (V SRISHANANDA) JUDGE NS List No.: 1 Sl No.: 16