- 1 - HC-KAR NC: 2025:KHC:41678 CRL.A No. 2069 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. 2069 OF 2025 BETWEEN: SRI. NAVEEN KUMAR @ NAVEENA, S/O.B.R.NAGARAJ, AGED ABOUT 33 YEARS, R/O.SINGAHALLI VILLAGE, BUDIGERE POST, JALA HOBLI, YELAHANKA TALUK, BENGALURU URBAN DISTRICT, PIN-562129. …APPELLANT (BY SRI R V SHIVANANDA REDDY, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY HOSKOTE POLICE STATION, BENGALURU RURAL DISTRICT, REP. STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DR.AMBEDKAR VEEDHI, BENGALURU, PIN-560 001. 2. SMT.ANJINAMMA, D/O. NAGARAJ, AGED ABOUT 42 YEARS, R/AT 4TH MAIN ROAD, KANAKANAGARA, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT, PIN-562114 …RESPONDENTS (BY SRI B LAKSHMAN, HCGP FOR R1, SMT ARCHANA K M, ADVOCATE FOR R2) Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41678 CRL.A No. 2069 of 2025 THIS CRL.A IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT BY THE ADVOCATE FOR THE APPELLANT/S PRAYING TO SET ASIDE THE ORDER DTD 14.10.2025 IN CRL.MISC.NO. 1872/2025 PASSED BY II ADDL. DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU AND RELEASE HIM ON BAIL IN CR.NO.263/2025 HOSAKOTE POLICE, FOR THE OFFENCES P/U/S 76,87,126(2),351(2),352 OF BNS, U/S 3(2)(va),3(1)(r)(s)(w)(i) OF SC/ST (POA) ACT, 1989 AGAINST THE APPELLANT. THIS APPEAL, COMING ON FOR ORDERS 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 14th October, 2025 passed in Crl.Misc. No.1872 of 2025 by the II Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru. 2. Brief facts leading this appeal are that Hosakote Police registered case in Crime No.263 of 2025 against the accused for the offences punishable under Sections 351(2), 126(2), 352, 87, 76 of BNS and Section 3(1)(r)(s), 3(2)(va), 3(1)(w)(i) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. - 3 - HC-KAR NC: 2025:KHC:41678 CRL.A No. 2069 of 2025 3. It is alleged by the prosecution that on 31st July, 2025 around 5.00 pm, the accused abducted and attempted to rape her. When she resisted, he attempted to murder her by strangling her neck, causing injuries to her leg and neck. He put her into his Innova Car (KA-51/Z-1134). He verbally abused her using vulgar language, calling her a low-caste person and saying her kind is like a trash to be crushed. He kept her confined for over one hour. When she called her children and told them to come to Ruby Layout, he threw her out of the car and escaped. He also threatened by her claiming to be a Police Officer and saying he would ruin her future if she did not listen to him. She initially kept quite to avoid panicking her family but it is reported that the accused, again waylaid and threatened to kill her in Hosakote on 16th September, 2025. Thereafter, respondent No.2 lodged complaint on 17th September, 2025 at 7.45 pm in Crime No.263 of 2025. The accused was arrested on 19th September, 2025 and was remanded to judicial custody and till this date, he is in judicial custody. 4. The appellant filed application under Section 483 of BNSS before the trial Court which, by the impugned order, - 4 - HC-KAR NC: 2025:KHC:41678 CRL.A No. 2069 of 2025 came to be rejected. Being aggrieved by the said order, the appellant has preferred the present appeal. 5. Respondent No.2-victim appeared through her Counsel Smt. Archana K.M., who is appointed by this Court. The learned Counsel has filed detailed objection. 6. Learned Counsel for the appellant would submit that the alleged incident took place on 31st July, 2025 at 5.00 pm and the complaint came to be filed on 17th September, 2025, after lapse of one month eighteen days. The complainant has filed false complaint against the accused and the prosecution has failed to explain the inordinate delay in filing the complaint. The accused is not required for further investigation, as he is in judicial custody for more than 28 days. On all these grounds, it is sought to allow the appeal. 7. Smt. Archana, learned Counsel for the respondent No.2 has reiterated the averments made in the written arguments and strongly opposed for granting bail. - 5 - HC-KAR NC: 2025:KHC:41678 CRL.A No. 2069 of 2025 8. Sri B. Lakshman, learned High Court Government Pleader appearing for the respondent-State, also supports the arguments advanced on behalf of the complainant. 9. Having heard the learned counsel appearing for the parties, the following point would arise for my consideration: "Whether the appellant has made out a ground to interfere with the order impugned passed by the trial Court?" 10. I have examined the material placed before this Court. It is not in dispute that the incident took place on 31st July, 2025 at 5.00 pm and the complaint came to be filed on 17th September, 2025. At this stage, there are no materials as to the explanation of delay in filing the complaint. The accused is not required for any further investigation. The alleged commission of offence is not punishable with death penalty or for imprisonment of life. The apprehension of the prosecution is that if the accused is released on bail, he may tamper or threaten the prosecution witnesses. This apprehension may be avoided by imposing stringent conditions. Accordingly, I answer the point arose for consideration, in the affirmative. - 6 - HC-KAR NC: 2025:KHC:41678 CRL.A No. 2069 of 2025 Considering the nature and gravity of the offence, previous antecedents of the accused, age and occupation of the accused, it is just and proper to allow this appeal. Hence, I proceed to pass the following: O R D E R i) Appeal is allowed; ii) The impugned order dated 14th October, 2025 passed in Crl.Misc.No.1872 of 2025 by the II Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru is set aside. Consequently, the application filed by the appellant under Section 483 of BNSS is allowed; iii) Appellant/accused shall be released upon executing a self-bond for Rs.50,000/- with one surety for the likesum to the satisfaction of the trial Court; iv) Appellant/Accused shall not tamper or threaten the prosecution witnesses in any manner; v) Appellant/accused shall not directly or indirectly make any inducement, threat or promise to the victim/any person acquainted with the facts of the case so as to dissuade them from disclosing - 7 - HC-KAR NC: 2025:KHC:41678 CRL.A No. 2069 of 2025 such facts to the Court or to the police officer or tamper with the evidence; vi) Appellant/accused shall assist the Investigating Officer in investigation; vii) Appellant/accused shall mark his attendance to the concerned police on every Monday between 10.00 am and 5.00 pm from 27th October, 2025 till filing of the final report; viii) If the Appellant/accused violates any of the bail conditions, the prosecution/victim are at liberty to take necessary steps for cancellation of the bail. Sd/- (G BASAVARAJA) JUDGE lnn List No.: 1 Sl No.: 17