- 1 - HC-KAR NC: 2025:KHC:19852 CRL.A No. 953 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA CRIMINAL APPEAL NO. 953 OF 2025 (U/S 14(A) (2)) BETWEEN: SRI. MOHAMMED FAYAZ AHAMED S/O. MOHAMMED FAROOQ AGED ABOUT 38 YEARS R/AT NO.230, 7TH CROSS, B BLOCK, SUBHASHNAGAR, BEGUR, BANGALORE - 560 068 …APPELLANT (BY SMT. SUPRITHA K.H., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY PARAPPANA AGRAHARA POLICE STATION BANGALORE CITY BANGALORE, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA BENGALURU - 560 001 2. SMT. GOWRAMMA W/O. HANUMANTHAPPA, AGED ABOUT MAJOR, R/AT NO.324, C K NAGAR HOSA ROAD, SINGASANDRA VILLAGE, BANGALORE - 560 100 …RESPONDENTS (BY SRI. HARISH GANAPATHY, HCGP FOR R1) THIS CRL.A IS FILED U/S 14A(2) OF SC AND ST (POA) ACT PRAYING TO 1. SET ASIDE THE IMPUGNED ORDER PASSED BY THE LXX ACC AND SJ SPECIAL JUDGE, AT BANGALORE (CCH-71) IN CRL.MISC.NO.2763/2025, DATED 04.04.2025. 2. TO ALLOW THE Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:19852 CRL.A No. 953 of 2025 ABOVE CRIMINAL APPEAL BY ENLARGING THE APPELLANT/ACCUSED NO.2 ON BAIL AND DIRECTING THE RESPONDENTS POLICE (PARAPPANA AGRAHARA POLICE BANGALORE) TO RELEASE THE APPELLANT ON BAIL, IN THE EVENT OF HIS ARREST IN CR.NO.554/2024, FOR THE O/P/U/S 118(1), 74, 351(2), 351, 352 R/W 3(5) OF BNS ACT, R/W U/S 3(1)(R), 3(1)(S), 3(2)(V-A) OF SC AND ST (POA) ACT. THIS CRL.A., COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA ORAL JUDGMENT The appellant-accused No.2 is 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 his arrest in Crime No.554/2024 of Parappana Agrahara Police Station, pending before the learned LXX ACC and SJ Special Judge, Bengaluru (CCH-71) in Crl.Misc.No.2763/2025 registered for the offences punishable under Sections 118(1), 3(5), 329(4), 351, and 79 of Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS Act') and under Sections 3(1)(r), 3(1)(s), 3(2)(v-a) of the SC/ST Act, on the basis of the first information lodged by informant-Smt.Gowramma. - 3 - HC-KAR NC: 2025:KHC:19852 CRL.A No. 953 of 2025 2. Heard Smt.Supritha K.H., 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. 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 is 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. The informant has filed the first information against accused No.1 and another for having committed the offences as stated above. After investigation, the charge sheet came to be filed. It is the specific contention of the prosecution that CW.1 belongs to Scheduled Caste. Accused Nos.1 and 2 had illegally trespassed into the house of CW.1. Accused No.1 abused her in filthy language, took a knife, stabbed and caused her injuries and in the meantime, accused No.2 gave a reaper piece to - 4 - HC-KAR NC: 2025:KHC:19852 CRL.A No. 953 of 2025 accused No.1, with which, accused No.1 again assaulted CW.1 and abused her again by referring to her caste with an intention to humiliate her, criminally intimidated to take away her life and, also pulled her saree and tried to outrage her modesty. Accused Nos.1 and 2 gave a threat to CW.1 against giving police complaint and to face the consequences if such an attempt is made. 5. It is stated that accused No.1 is already enlarged on bail. The wound certificate produced by the learned counsel for the appellant discloses that CW.1 has sustained four injuries, which are simple in nature. It is not the contention of the prosecution that the appellant is having any criminal antecedents or required for further investigation. It is pertinent to note that the allegation for having abused CW.1 in filthy language by referring to her caste with an intention to cause humiliation, is directed against accused No.1. Considering all these facts and circumstances, I am of the opinion that the appellant 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. - 5 - HC-KAR NC: 2025:KHC:19852 CRL.A No. 953 of 2025 6. 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 the event of his arrest in Crime No.554/2024 of Parappana Agrahara Police Station. The appellant is directed to appear before the Investigating Officer within 15 days from the date of receipt of this order and on his appearance, the Investigating Officer shall enlarge him on bail subject to the following conditions:- a. The appellant 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 appellant shall not commit similar offences; - 6 - HC-KAR NC: 2025:KHC:19852 CRL.A No. 953 of 2025 c. The appellant shall appear before the Investigating Officer or the court as and when required; and d. The appellant shall not threaten or tamper the prosecution witnesses. On furnishing the sureties by the appellant, the Investigating Officer is at liberty to verify the correctness of the 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.: 7