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2025 DAILYLAW 27134 (KAR)

MR. BHASKAR B R v. STATE OF KARNATAKA

CRL.A/1097/2025 · 2025-06-19

M G Uma

Criminal Appealbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:21228 CRL.A No. 1097 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. 1097 OF 2025 (U/S 14(A) (2)) BETWEEN: MR. BHASKAR B.R., S/O. RAJU, AGED ABOUT 28 YEARS, RESIDING AT BEVINAHALLI VILLAGE AND POST, THONDEBHAVIHOBLI, GAURIBIDANUR TALUK, CHIKKABALLAPUR DISTRICT - 561 213 …APPELLANT (BY SRI. CHANDRA SEKHAR .B., ADVOCATE) AND: 1. STATE OF KARNATAKA, BY ITS POLICE INSPECTOR, K R PURAM POLICE STATION, REPD. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BANGALORE - 560 001. 2. KUMARI. ROJA, P.N. D/O NARAYANSWAMY, AGED ABOUT 26 YEARS, RESIDING AT PUTTAPURLAHALLI VILLAGE, GAURIBIDANUR TALUK, CHIKKABALLAPURA DISTRICT - 561 208 …RESPONDENTS (BY SRI. HARISH GANAPATHY, HCGP FOR R1) THIS CRL.A. IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT, 2015 PRAYING TO 1. SET ASIDE THE ANNEXURE- C I.E., IMPUGNED ORDER DATED: 08-05-2025 PASSED AGAINST ACCUSED NO.1 (APPELLANT HEREIN) IN SPL.C.NO.812/2025 PASSED BY THE LXX Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21228 CRL.A No. 1097 of 2025 ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE AT BENGALURU (CCH-71) IN CRIME NO.32/2025 FOR OFFENCES P/U/S 3(4)(R), 3(1)(W)(I) OF SC/ST (POA) ACT 1989 AND U/S 69, 3(5) OF BNSS 2023 REGISTERED BY K.R. PURAM P.S. 2. TO RELEASE THE APPELLANT ON INTEREST OF JUSTICE. BAIL BY ALLOWING THIS APPEAL. 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 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.32/2025 of K.R. Puram Police Station, pending before the learned LXX Additional City Civil and Sessions Judge and Special Judge at Bengaluru (CCH-71), in Spl.C.No.812/2025, registered for the offences punishable under Sections 69, 3(5) of BNSS, 2023 and under Section 3(1)(r), 3(1)(s), 3(1)(w)(i) of SC/ST Act, on the basis of the first information lodged by informant-Kumari. Roja P.N. 2. Heard Sri. Chandra Sekhar B., learned counsel for the appellant and Sri.Harish Ganapathy, learned HCGP for respondent-State. Perused the materials on record. - 3 - HC-KAR NC: 2025:KHC:21228 CRL.A No. 1097 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. It is alleged in the complaint that both the victim and accused No.1 was in love since 8 years and they started residing in an rented house since two years. Accused No.1, under the guise of marrying her, developed physical contact and she became pregnant. Accused No.1 insisted her to get abort her pregnancy, and accordingly, it was aborted. However, the appellant continued to have physical relationship with the informant promising to marry her, but later he refused to marry the informant since she belonged to Scheduled Tribe community. It is stated that he abused and humiliated the informant by referring to her caste and thereby committed the offences as stated above. - 4 - HC-KAR NC: 2025:KHC:21228 CRL.A No. 1097 of 2025 5. It is stated that the appellant was apprehended on 10.03.2025 and since then he is in judicial custody. Admittedly, the investigation is completed and charge sheet has been filed. It is not the contention of the prosecution that the appellant is required for further investigation. Detention of the appellant in custody would amount to infringement of his right and liberty. He is not having any criminal antecedent. Under such circumstances, the appellant may be released on 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. The appellant-accused No.1 is ordered to be enlarged on bail in Crime No.32/2025 of K.R. Puram Police Station, 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. - 5 - HC-KAR NC: 2025:KHC:21228 CRL.A No. 1097 of 2025 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 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.: 6