- 1 - HC-KAR NC: 2025:KHC:20635 CRL.A No. 1115 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA CRIMINAL APPEAL NO. 1115 OF 2025 (U/S 14(A) (2)) BETWEEN: CHANDAN C S/O CHIDANANDA AGED ABOUT 28 YEARS BARBER WORK, R/AT 2ND CROSS NARAYANAPURA BASAVANAHALLI MAIN ROAD CHIKKAMAGALURU - 577 101 …APPELLANT (BY SRI. GIRISH B BALADARE, ADVOCATE) AND: 1. STATE BY WOMEN POLICE STATION, CHIKKAMAGALURU DISTRICT. REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE - 01 2. RAKSHITHA B.R. D/O RAVINDRA AGED ABOUT 23 YEARS R/AT SOMESHWARANAGARA NEAR SREELEKHA TALKIES CHIKKAMAGALURU - 577 101 …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL.SPP FOR R1 R2 - SD) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14(A)(2) OF SC/ST (POA) ACT, 2015 PRAYING TO SET ASIDE THE ORDER DATED 14.05.2025 PASSED BY THE I ADDL. SESSION JUDGE AT Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:20635 CRL.A No. 1115 of 2025 CHIKKAMAGALURU IN CRIME NO.39/2025 CONSEQUENTLY RELEASE THE APPELLANT ON REGULAR BAIL, REGISTERED WOMEN POLICE STATION, CHIKKAMAGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 69, 351(2), 352 READ WITH SECTION 3(5) OF BNS ACT AND SECTION 3(1)(R)(S) AND 3(1)(W)(II) OF SC/ST /ACT IN CRIME NO.39/25. THIS CRIMINAL APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA ORAL JUDGMENT The appellant -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.39 of 2025 of Chickmagalur Women Police Station, registered for the offences punishable under Sections 69, 352, 351(2) read with 3(5) of BNS and under Sections 3(1)(r)(s), 3(1)(w)(ii) of SC/ST Act, on the basis of the first information lodged by informant - B R Rakshitha. 2. Heard Sri Girish B Baladare, learned counsel for the appellants and Smt Rashmi Jadhav, learned Additional SPP for respondent No.1-State. Perused the materials on record. - 3 - HC-KAR NC: 2025:KHC:20635 CRL.A No. 1115 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 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. The appellant - accused No.1 is seeking grant of bail. It is the contention of respondent No.2 - informant that she came in contact with accused No.1 - the appellant herein through social media and the appellant promised to marry her. They had physical relationship at first instance on 16.12.2021 on such promise to marry. Subsequently, their relationship continued. When she insisted for marrying her, the appellant and his family members started abusing and criminally intimidating her. The appellant refused to marry her. She filed a complaint with Women Police Station on 05.01.2024. There was an enquiry by the police and the appellant promised to marry her. Later, the appellant and his family members abused - 4 - HC-KAR NC: 2025:KHC:20635 CRL.A No. 1115 of 2025 her in filthy language by making whatsapp call and also refused to marry her. Therefore, she filed first information for the above said offences. 5. It is the contention of the appellant that the informant is a major aged 23 years. According to the informant, the incident occurred on 16.12.2021. Belatedly i.e., after lapse of four years, the present complaint came to be filed. Prima facie, it is a consensual relationship. But now the informant is pressurizing the appellant and his family members to agree for the promise made by the appellant. However, the said contention taken by the appellants is to be considered by the Investigating Officer. 6. It is stated that the appellant was apprehended on 22.05.2025 and since then he is in judicial custody. It is not the contention of learned Additional SPP that the appellant is required for custodial interrogation. The allegations made against the appellant do not require him to be detained in custody indefinitely. The appellant is not having any criminal antecedents. Therefore, I am of the opinion, that the appellant may be granted bail subject to conditions, which will take care - 5 - HC-KAR NC: 2025:KHC:20635 CRL.A No. 1115 of 2025 of the interest of the prosecution as well as interest of the complainant and the witnesses. 7. 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 Crime No.39 of 2025 of Chickmagalur Women 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. 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. - 6 - HC-KAR NC: 2025:KHC:20635 CRL.A No. 1115 of 2025 On furnishing the sureties by the appellant, the Trial Court is at liberty to direct the Investigating Officer to verify the correctness of the address 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 *bgn/- CT:VS List No.: 1 Sl No.: 46