- 1 - HC-KAR NC: 2025:KHC:43108 CRL.A No. 2066 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 2066 OF 2025 BETWEEN: H S MANOHAR @ MANOHARGOWDA, S/O J SIDDEGOWDA, AGED ABOUT 37 YEARS, R/AT 330, 4TH MAIN, HOOTAGALLI, BELAVADI POST, MYSURU - 570 018. …APPELLANT (BY SRI. G A SRIKANTE GOWDA, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY VIJAYANAGARA P S, MYSURU, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. 2. PURUSHOTHAM, S/O LATE D V VENKATAIAH, AGED ABOUT 64 YEARS, NO.2127, 2ND CROSS, ASHOKAPURAM, MYSURU - 570 008. …RESPONDENTS (BY SRI RANGASWSAMY R. HCGP FOR R1; SRI. T.M. VIJAY KUMAR, ADVOCATE FOR R2, ABSENT) Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43108 CRL.A No. 2066 of 2025 THIS CRL.A. IS FILED U/S.14(A) (2) OF SC/ST (POA) ACT, 2015, PRAYING TO SET ASIDE THE ORDER DATED 27.09.2025 PASSED BY THE LEARNED VI ADDL DISTRICT AND SPECIAL JUDGE AT MYSURU IN CRL.MISC.NO.1378/2025 (CRIME NO.136/2025) REGISTERED WITH THE VIJAYNAGARA POLICE STATION, MYSURU (ANNEXURE E) FOR THE OFFENCE P/US/ 3(1)(r),3(1)(s),3(2)(va) AND 3(1)(u) OF SC/ST (POA) ACT 1989 AND TO ENLARGE THE APPELLANT ON ANTICIPATORY BAIL IN THE EVENT OF THE ARREST BY THE RESPONDENT POLICE IN CR.NO.136/2025 DATED 29.08.2025; AND ETC. THIS APPEAL, COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT Appellant has preferred this appeal against the order dated 27th September 2025, passed in Criminal Misc. No.1378 of 2025 by the VI District & Special Judge, Mysuru (for short "the trial Court"). 2. Brief facts leading to this appeal are that on the basis of complaint filed by one Purushottam, Vijayanagar Police, Mysuru registered case in crime No.136 of 2025 against the accused for the offence punishable sections 3(1)(r), 3(1)(s), 3(2)(va) and 3(1)(u) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. Appellant filed Application section 482 of BNSS-2023, - 3 - HC-KAR NC: 2025:KHC:43108 CRL.A No. 2066 of 2025 seeking anticipatory bail. Same came to be rejected by the trial Court by impugned order. Hence appellant has preferred this appeal. 3. Sri G.A. Shrikantegowda, learned Counsel appearing for the appellant would submit that the alleged Instagram post does not refer to any caste and also of this complainant. However, the concerned police have registered false case against this accused. The complaint came to be registered on 29th August 2025. Even after lapse of 60 days, the investigating officer has not submitted final report in the case. Absolutely there are no materials to attract the alleged commission of offence. On all these grounds, he sought to allow the appeal. 4. As against this, Sri R. Rangaswamy, learned High Court Government Pleader appearing for the respondent-State would submit that there are prima-facie materials to attract the alleged commission of offence. In view of section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, the accused is not entitled for anticipatory bail. Accordingly, he sought for dismissal of the appeal. - 4 - HC-KAR NC: 2025:KHC:43108 CRL.A No. 2066 of 2025 5. Having heard the arguments on both sides, I have perused the Instagram Post of "Manohargowda1819". The same reads as under "1. ©nÖ ¨sÁUÀåzÀ zÀjzÀæ ¸ÀAvÀwAiÀÄ ¨sÉÆøÀÄrPÉ zÀÄrzÀÄ §zÀÄPÀÄ ªÀÄÄAqÉà ªÀÄUÀ£É, 2. ¯ÉÆà vÀÄPÁj mÉÆÃPÀ£ï VgÁQ ¨ÉÆýªÀÄUÀ£É GwÛ ©wÛ ºÁ®Ä PÀgÉzÀÄ qÉÊjUÉ ºÁQzÀgÉ ¸ÀºÀPÁj DUÀÄwÛÃj ªÀÄÄAqÉêÀÄUÀ£É §jà ©nÖ ºÀt¢AzÀ §zÀÄPÉÆÃzÀ®è PÀuÉÆà ¯Éà ¸ÁlªÉÃ. 3. xÀÆ ¤ªÀÄäAvÀºÀ zÀjzÀæzÀªÀgÀ£ÀÄß £ÀªÀÄä ¥ÀÆ«ðPÀgÀÄ zÀÆgÀ EnÖzÀÝgÀÄ JAzÀÄ FUÀ CxÀð DUÀÄwÛzÉ. D¬ÄPÉÆAqÀÄ w£ÀÄßwÛzÀÝ ªÀÄÄAqÉà ªÀÄPÀ̼ÀÄ ¤ÃªÀÅ £ÀªÀÄäUÀ¼À ºÀwÛgÀ ¨ÉÃr wAzÀÄ §zÀÄQzÀ ¨ÉêÀ¹ð ¤Ã£ÀÄ JAzÀÄ CªÁZÀå ±À§ÝUÀ½AzÀ ¤A¢¹ ªÀÄvÀÄÛ £ÀªÀÄä ¸ÀªÀÄÄzÁAiÀÄPÉÌ PÉlÖzÁV ªÀiÁvÀ£ÁrgÀĪÀÅzÀÄ ºÁUÀÆ GzÉÝñÀ ¥ÀƪÀðPÀªÁV eÁw ¤AzÀ£É ªÀiÁrgÀÄvÁÛgÉ." 6. Perusal of the Instagram Post of the accused, reveals that accused has not referred the name of the complainant. There is no abuse to claim that the said post was directed obliviously against the complainant. Even in the Instagram post, there is no reference as to the abuse of this complainant. Therefore, at this stage, there are no prima-facie materials to attract the commission of offence as alleged in the - 5 - HC-KAR NC: 2025:KHC:43108 CRL.A No. 2066 of 2025 First Information Report. Hence, there is no bar to grant anticipatory bail. Accordingly, I proceed to pass the following: O R D E R i) Appeal is allowed; ii) Order dated 27th September 2025, passed in Criminal Misc. No.1378 of 2025 by the VI District & Special Judge, Mysuru dated 27 September 2025, is set aside. Consequently, Application filed under section 482 of BNSS- 2023 is allowed; iii) Accused/appellant shall be released on bail upon execution of self-bond for Rs.50,000/- with one surety for the likesum to the satisfaction of the investigating officer, in the event of his arrest in Crime No.136 of 2025 of Vijayanagara Police Station, Mysuru; iv) Appellant shall not tamper or threaten the prosecution witnesses in any manner; v) Appellant shall assist the investigating officer in investigation; - 6 - HC-KAR NC: 2025:KHC:43108 CRL.A No. 2066 of 2025 vi) Appellant shall not indulge in similar offences. Sd/- (G BASAVARAJA) JUDGE lnn List No.: 1 Sl No.: 74