- 1 - HC-KAR NC: 2025:KHC:21702 CRL.A No. 895 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA CRIMINAL APPEAL NO. 895 OF 2025 (U/S 14(A) (2)) BETWEEN: 1. SRI. SHIJU, S/O MANI AGED ABOUT 34 YEARS, R/AT NO.12, 1ST FLOOR, 1ST G CROSS, 20TH MAIN ROAD, BTM LAYOUT, 1ST STAGE, BENGALURU - 76 2. SRI. ISLAMUDDEEN S/O ABDUL RAZAK AGED ABOUT 28 YEARS, R/AT NO.520, 1ST FLOOR, 10TH CROSS, 28TH MAIN ROAD, BTM LAYOUT, 2ND STAGE, BENGALURU - 76 3. SMT. MINA MOKTAN D/O CHANDRA AGED ABOUT 35 YEARS, R/AT NO.18, 16TH MAIN, BTM LAYOUT, 2ND STAGE, BENGALURU - 76 …APPELLANTS (BY SRI. VINCENT P.J., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY PUTTENAHALLI POLICE STATION, BANGALORE. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, KARNATAKA, BENGALURU - 560 001. Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21702 CRL.A No. 895 of 2025 2. H.K. RAVIKUMAR THE INSPECTOR OF POLICE, PUTTENAHALLI POLICE STATION BENGALURU - 560 078 …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRL.A IS FILED U/S 14A(2) OF SC AND ST (POA) ACT PRAYING TO SET ASIDE THE ORDER DATED 28.01.2025 IN CRL.MISC.11770/2024 PASSED BY THE SPECIAL COURT LXX ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU. B) ENLARGE THE APPELLANTS ON BAIL ON CC.NO.2428/2024 OF PUTTENALLI POLICE STATION, BENGALURU REGISTERED FOR THE OFFENCES P/U/S. 3, 4, 5 OF IMMORAL TRAFFIC (PREVENTION) ACT AND SECTION 3(1)(R)(W) OF SCHEDULE TRIBES (PREVENTION OF ATROCITIES) ACT NOW PENDING ON THE FILE OF LXX ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE, BENGALURU (CCH-71). 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 appellants being accused Nos.1 to 3 are before this Court seeking grant of anticipatory bail under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as ‘the SC/ST Act’ for short) in the event of their arrest in Crime No.16/2024 of Puttenahalli Police Station, Bengaluru, registered for the offences punishable under Sections 3, 4, 5 of Immoral Traffic - 3 - HC-KAR NC: 2025:KHC:21702 CRL.A No. 895 of 2025 Prevention Act, 1956 (for short, 'the ITP Act') and under Section 3(1)(r)and (w) of the SC/ST Act, on the basis of the first information lodged by informant-H.K.Ravikumar. 2. Heard Sri Vincent P.J., learned Counsel for the appellants and Smt.Rashmi Jadhav, learned Additional S.P.P for respondent No.1-State. Perused the materials on record. 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 appellants are entitled for grant of bail under Section 14-A(2) 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. Initially, the FIR came to be registered against accused Nos.1 to 3 for the offences punishable under Sections 3, 4 and 5 of ITP Act. It is stated that the appellants were apprehended and released on bail during crime stage. However, the charge sheet came to be filed for the offences punishable - 4 - HC-KAR NC: 2025:KHC:21702 CRL.A No. 895 of 2025 under Sections 3, 4, 5 of ITP Act and also under Section 3(1)(r) and (w) of the SC/ST Act. Therefore, the appellants are having apprehension of being arrested and they have approached this Court. 5. Admittedly, the appellants were already granted bail by the Trial Court and there are no allegations that they have misused the liberty granted in their favour. It is only at the time of filing the charge sheet, the Provisions of SC/ST Act was invoked. It is not the contention of the prosecution that the appellants are required for further investigation. The disposal of the matter after full-fledged trial will take long period of time and I do not find any reason to reject the prayer made by the appellants. Therefore, I am of the opinion, that the appellants may be granted anticipatory bail subject to conditions, which will take care of the interest of the prosecution as well as interest of the complainant and the witnesses. 6. Accordingly, I answer the above point in the affirmative and proceed to pass the following: ORDER The appeal is allowed. - 5 - HC-KAR NC: 2025:KHC:21702 CRL.A No. 895 of 2025 The appellants are ordered to be enlarged on bail in the event of their arrest in Crime No.16/2024 of Puttenahalli Police Station, Bengaluru. The appellants are directed to appear before the Investigating Officer within 15 days from the date of receipt of this order and on their appearance, the Investigating Officer shall enlarge them on bail subject to the following conditions:- a. The appellants shall furnish the bonds in a sum of Rs.2,00,000/- (Rupees Two Lakhs only) each with two sureties each for the likesum to the satisfaction of the Investigating Officer; b. The appellants shall not commit similar offences; c. The appellants shall appear before the Investigating Officer or the court as and when required; and d. The appellants shall not threaten or tamper the prosecution witnesses. On furnishing the sureties by the appellants, the Investigating Officer is at liberty to verify the correctness of the - 6 - HC-KAR NC: 2025:KHC:21702 CRL.A No. 895 of 2025 addresses and authenticity of the documents furnished by them. On satisfaction of the said documents, he may proceed to accept the sureties within a reasonable time. Sd/- (M G UMA) JUDGE MKM List No.: 1 Sl No.: 27