- 1 - HC-KAR NC: 2025:KHC:41560 CRL.A No. 1992 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 1992 OF 2025 (U/S 14(A) (2)) BETWEEN: VISHNU B L S/O LAKSHMANA D. P. AGED ABOUT 24 YEARS, OCC: AGRICULTURIST, R/O HALAGADKA, DURGADAHALLI VILLAGE, SUNKASALE POST, BALUR HOBLI, MUDIGERE TALUK, CHIKKAMAGALURU DISTRICT - 577 122 …APPELLANT (BY SRI. UMESH P.B., ADV. FOR SRI. R. B. DESHPANDE., ADV.) AND: 1. THE STATE OF KARNATAKA BY BALUR POLICE STATION, MUDIGERE CIRCLE, CHIKKAMAGALURU DISTRICT-577 122 (REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS, BENGALURU - 560 001) 2. SMT. SUSHEELA D/O SIDDAIAH AGED ABOUT 28 YEARS, OCC: LABOURER, Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41560 CRL.A No. 1992 of 2025 R/O ARALUGUPPE, KAIMARA, CHIKKAMAGALURU - 577 131 NOW RESIDING AT BEGADHALLI VILLAGE, KAIMARA POST, CHIKKAMAGALURU-577 131 …RESPONDENTS (BY SRI. RANGASWAMY R., HCGP. FOR R1, R2 SERVED AND UNREPRESENTED.) THIS CRL.A IS FILED U/S 14(A)2) OF SC/ST (POA) ACT PRAYING TO SET ASIDE THE ORDER DATED 02.09.2025 IN CRL.MISC.NO.393/2025 PASSED BY THE 1ST ADDL. SESSIONS AND SPL.JUDGE AT CHIKKAMAGALURU CONSEQUENTLY DIRECT THE CONCERNED POLICE OF BALUR P.S. MUDIGERE CIRCLE, CHIKKAMAGALURU DISTRICT TO ENLARGE THE APPELLANT/ ACCUSED NO.1 ON BAIL IN CR.NO.24/2025 OF BALUR P.S MUDIGERE CIRCLE, CHIKKAMAGALURU DISTRICT (REGISTERED FOR THE OFFENCE P/U/S 115(2),352 R/W 3(5) BNS 2023 (CORRESPONDING PROVISION SEC.323,504 R/W 34 OF IPC AND SEC.3(1)(r),3(1)(s),3(2)(va) OF SC/ST POA AMENDMENT ACT 2015 IN THE EVENT OF HIS ARREST. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT 1. The appellant - accused No.1 has preferred this appeal against the order dated 02.09.2025 passed by the I Additional Sessions and Special Judge, Chikkamagaluru, (for short, hereinafter referred to as “trial Court”) in - 3 - HC-KAR NC: 2025:KHC:41560 CRL.A No. 1992 of 2025 Crl.Misc.No.393/2023 dismissing the bail application filed under Section 482 of BNSS Act, 2023. 2. For the sake of convenience, the parties herein are referred to as per their status and ranking before the trial Court. 3. Brief facts leading to this appeal are that, the Deputy Superintendent of Police, Chikkamagaluru Sub-division, Chikkamagaluru, has registered a case against the accused for the offences punishable under Sections 115(2) and 352 of Bharatiya Nyaya Sanhita, 2023 (herein referred as 'BNS Act') r/w section 3(5) of BNS and sections 3(1)(r), 3(1)(s) and 3(2)(va) of SC & ST (Prevention of Atrocities) Amendment Act, 2015 (herein referred as 'SC & ST (POA) Act'). 4. Despite service of notice, respondent No.2 remained absent and unrepresented. 5. Heard arguments of both the parties. - 4 - HC-KAR NC: 2025:KHC:41560 CRL.A No. 1992 of 2025 6. The Trial Court has allowed the petition in respect of petitioner Nos.2 to 5 but rejected the bail application filed by the petitioner No.1-the present appellant. This impugned order is passed prior to filing of charge sheet. It is submitted that, now the charge sheet is already filed against accused Nos.1 to 5 for the aforesaid offences. 7. In the charge sheet, the Investigating Officer has not stated that the present appellant is required for further investigation. The charge sheet reveals that the Investigating Officer has completed the investigation. The present appellant is not required for further investigation. The alleged commission of offence is not punishable with death or imprisonment for life. 8. Considering the peculiar facts and circumstances of the case, since the accused is not required for further investigation, I proceed to pass the following: - 5 - HC-KAR NC: 2025:KHC:41560 CRL.A No. 1992 of 2025 ORDER (i) Criminal Appeal is allowed. (ii) The order dated 02.09.2025 passed by the I Additional Sessions and Special Judge, Chikkamagaluru, in Crl.Misc.No.393/2023 wherein the application filed by the appellant under Section 482 of Bharatiya Nagarik Suraksha Sanhita 2023, seeking anticipatory bail, in respect of present appellant is hereby set aside. Consequently, the application filed under Section 482 of BNSS Act, is allowed, subject to the following conditions: a) Since charge sheet is filed, the appellant- accused No.1 is directed to surrender himself before the Trial Court. b) The Trial Court is directed to release the appellant-accused No.1 on bail on executing a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the jurisdictional Court; - 6 - HC-KAR NC: 2025:KHC:41560 CRL.A No. 1992 of 2025 c) The appellant-accused No.1 shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; d) The appellant-accused No.1 shall not threaten or tamper with the prosecution witnesses in any manner; e) The appellant-accused No.1 shall not involve in similar offences in future; f) The appellant-accused No.1 shall assist the Investigating Officer, if necessary, for further investigation. Sd/- (G BASAVARAJA) JUDGE DHA List No.: 1 Sl No.: 15