- 1 - HC-KAR NC: 2025:KHC:21229 CRL.A No. 1032 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA CRIMINAL APPEAL NO. 1032 OF 2025 (U/S 14(A) (2)) BETWEEN: D. SHIVAKUMAR S/O. LATE. DEVARAJ .G. AGED ABOUT 30 YEARS R/AT NO.158, MADURAPPA COMPOUND, NEAR YELLAMMA TEMPLE, MOTAPPANAPALYA INDIRANAGAR, BANGALORE - 560 038 …APPELLANT (BY SRI. RAKSHITH .R., ADVOCATE) AND: 1. STATE OF KARNATAKA BY INDIRANAGARA P S REP BY SPP, HIGH COURT OF KARNATAKA BANGALORE - 560 001 2. POOJA SIVARAM D/O SHIVARAM T AGED ABOUT 28 YEARS R/AT NO.07, A STREET, BHOOVI LANE, ASHOKA NAGARA, BENGALURU - 560 050 …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1 R2 - SD) THIS CRL.A IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT PRAYING TO ENLARGE THE APPELLANT ON BAIL IN CR.NO.25/2025 Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21229 CRL.A No. 1032 of 2025 OF INDIRANAGAR P.S., FOR THE OFFENCES P/U/S 3(5), 351(2), 352, 69 OF BNS, 2023, U/S 3(2)(V) OF SC/ST (POA) ACT, PENDING ON THE FILE OF THE LXX ADDL. CITY CIVIL AND SESSIONS JUDGE, SPECIAL JUDGE, BENGALURU (CCH-71) IN CR.NO.25/2025. 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 being accused No.1 is before this Court seeking grant of 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 Crime No.25/2025 of Indiranagar Police Station, pending before the learned LXX Additional City Civil and Sessions Judge and Special Judge at Bengaluru, registered for the offences punishable under Sections 3(5), 351(2), 352, 69 of BNS, 2023 and under Section 3(2)(v) of SC/ST Act, on the basis of the first information lodged by informant-Kumari. Pooja Sivaram. 2. Heard Sri. Rakshith R., learned counsel for the appellant and Smt.Rashmi Jadhav, learned Additional S.P.P for respondent No.1-State. Perused the materials on record. - 3 - HC-KAR NC: 2025:KHC:21229 CRL.A No. 1032 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 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 appellant being accused No.1 is alleged to have came in contact with the informant, aged 28 years during January, 2024. He started visiting the house of the informant by promising to marry her. Taking advantage of the said situation, he is said to have committed sexual assault repeatedly till November, 2024 both in her house and in her office. Later, he refused to marry her. It is alleged that on 02.02.2025, accused No.1 abused the informant in filthy language by referring to her caste and thereby committed the offences as stated above. - 4 - HC-KAR NC: 2025:KHC:21229 CRL.A No. 1032 of 2025 5. It is pertinent to note that the appellant herein had approached this Court by filing Crl.P.No.4231 of 2025, and the same came to be allowed vide order dated 8th April 2025. It is stated that thereafter, the provisions of SC/ST (POA) Act were invoked. Therefore, the Trial Court rejected the bail application filed by the petitioner. Thus, the appellant is before this Court. 6. The only allegation made against the present appellant is to invoke the provisions of special enactment against him is that when the informant insisted accused No.1 to marry her, he refused to marry, abused her, and her family members in filthy language by referring to their caste. 7. Already stated, as this Court had already allowed the bail application filed by the appellant way back in the month of April, 2025 before invoking the provisions of the special enactment, and since his presence is not required for any other purposes except to ensure his presence before the Trial Court, I do not find any reason to reject the claim of the appellant for grant of 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:21229 CRL.A No. 1032 of 2025 8. Accordingly, I answer the above point in the affirmative and proceed to pass the following: ORDER The appeal is allowed. The appellants-accused No.1 is ordered to be enlarged on bail in Crime No.25/2025 of Indiranagar Police Station, registered for the offences punishable under Sections 3(5), 351(2), 352,69 of BNS, 2023 Act and under Section 3(2)(v) of the SC/ST Act, 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: 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 addresses and authenticity of the - 6 - HC-KAR NC: 2025:KHC:21229 CRL.A No. 1032 of 2025 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 MKM List No.: 1 Sl No.: 37