- 1 - NC: 2025:KHC-D:1296 CRL.A No. 100492 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL APPEAL NO.100492/2024 (U/S 14 A(2) of SC/ST ACT) BETWEEN: 1. GANGADHAR S/O BALAKRISHNA BARATAKKE, AGE ABOUT 65 YEARS, OCC: ARTIST AND NATI, VAIDYARU, R/O: MALLASAMUDRA, TQ: GADAG, DIST: GADAG-582 103. 2. PAVAN S/O GANGADHAR BARATAKKE, AGE ABOUT 26 YEARS, OCC: MSC (MATHS) STUDENT, R/O: MALLASAMUDRA, TQ: GADAG, DIST: GADAG 582 103. … APPELLANTS (BY SRI. D.J. NAIK, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH GADAG RURAL POLICE STATION, REP. BY ADDL. SPP HIGH COURT OF KARNATAKA, DHARWAD. 2. CHANDRASEKHAR S/O YESUDASU DARA, AGE ABOUT 36 YEARS, OCC: BRANCH MANAGER, R/O: MALLASAMUDRA BRANCH, MALLASAMUDRA, TQ: GADAG, DIST: GADAG-582 103. … RESPONDENTS (BY SRI. ASHOK T. KATTIMANI, AGA FOR R1; R2-SERVED) B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.24 16:19:25 +0530 - 2 - NC: 2025:KHC-D:1296 CRL.A No. 100492 of 2024 THIS CRIMINAL APPEAL IS FILED U/SEC.14A(2) OF SC/ST (POA) ACT, R/W 482 OF BNSS, 2023, PRAYING TO DIRECT THAT THIS APPELLANTS/ACCUSED NO.1 AND 2 BE RELEASED ON BAIL IN THE EVENT OF THEIR ARREST BY THE PSI GADAG RURAL POLICE STATION IN PS CRIME NO.136/2024 DATED 21.07.2024 U/SEC.115(2), 351(3), 352 R/W 3(5) OF BNSS 2023 AND U/SEC. 3(1)(r), 3(1) (s) 3(2) (va) OF THE SC AND ST (PREVENTION OF ATROCITIES) AMENDMENT ACT 2015 BY SETTING ASIDE THE ORDER DATED 23.08.2024 PASSED BY ADDL. DISTRICT AND SESSIONS JUDGE GADAG ON SUCH TERMS AND CONDITIONS AS DEEMED FIT TO MEET THE ENDS OF JUSTICE AND EQUITY. THIS APPEAL IS COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL JUDGMENT 1. Heard the learned counsel for the appellants and the learned Additional Government Advocate for the respondent/State. 2. This appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, read with Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is filed seeking anticipatory bail. 3. Respondent No.2 lodged a First Information Report (FIR) stating that he belongs to the ‘Hindu Mala’ Scheduled Caste and is working as a Branch Manager in the Canara Bank, Mallasamudra Branch. It is alleged that accused No.1 and his son, accused No.2, criminally trespassed into the Canara Bank, Mallasamudra Branch, and, without prior permission, proceeded toward the safe room under the pretext of measuring the building. When the complainant resisted them from proceeding further due - 3 - NC: 2025:KHC-D:1296 CRL.A No. 100492 of 2024 to the presence of cash and gold ornaments in the safe room, accused No.1 allegedly caught hold of the complainant’s hand, and accused No.2 abused him in filthy language, repeatedly assaulted him on his face and chest, causing bodily pain, and threatened his life. 4. The police registered an FIR in Crime No.136/2024 for the offences punishable under Sections 115(2), 352, 351(3), and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and under Sections 3(1)(r), 3(1)(s), and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015, against accused Nos.1 and 2. 5. A perusal of the FIR indicates that, although the informant belongs to the Scheduled Caste community, there is no specific allegation that the accused abused the informant with reference to his caste. Therefore, the accused have established a prima facie case for granting anticipatory bail. 6. Accordingly, I proceed to pass the following: a. The appeal is allowed. b. The appellants/accused Nos.1 and 2 are enlarged on anticipatory bail, in the event of their arrest, in Crime No.136/2024, registered by Gadag Rural Police Station, for the offences punishable under Sections 115(2), 352, 351(3), 3(5) of Bharatiya Nyaya Sanhita, 2023 and under Sections 3(1)(r)(s), 3(2)(va) of the SC/ST (Prevention of Atrocities) Act, 2015, subject to following conditions: - 4 - NC: 2025:KHC-D:1296 CRL.A No. 100492 of 2024 i. Appellants/accused No.1 and 2 shall furnish personal bond for a sum of Rs.50,000/- each with one surety for the likesum to the satisfaction of the jurisdictional Court. ii. ii. They shall appear before the Investigating officer within a period of 15 days and execute bail bond and offer surety. iii. They shall make themselves available for the purpose of investigation as and when required and they shall co-operate with the investigation. iv. They shall furnish their residential address proof and shall inform the investigating officer/Court, if there is any change in the address. v. They shall mark their attendance at the jurisdictional Police station once in 15 days till filing of the charge sheet. vi. They shall not tamper with the prosecution witnesses either directly or indirectly. vii. They shall be regular in attending the Court proceedings. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR CT:BCK List No.: 1 Sl No.: 4