- 1 - HC-KAR NC: 2025:KHC:42595 CRL.A No. 1943 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 1943 OF 2025 BETWEEN: 1. RADHAMMA, W/O MUNISWAMY, AGED ABOUT 70 YEARS, R/AT MARANAHALLI VILLAGE, UGANE POST, SALAGAME HOBLI, HASSAN -01. 2. RENUKA, W/O NARAYANA, AGED ABOUT 21 YEARS, R/AT, MARANAHALLI VILLAGE, UGANE POST, SALAGAME HOBLI, HASSAN -01. 3. SHWETHA, W/O DINESH D.M, AGED ABOUT 19 YEARS, R/AT, MARANAHALLI VILLAGE, UGANE POST, SALAGAME HOBLI, HASSAN -01. …APPELLANTS (BY SRI PRATHEEP.K.C, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY ARASIKERE TOWN POLICE STATION, HASSAN DISTRICT, Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42595 CRL.A No. 1943 of 2025 REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. ASHA, AGED ABOUT 32 YEARS, W/O SHREEKANTHAIAH, R/AT, MARANAHALLI VILLAGE, UGANE POST, SALAGAME HOBLI, HASSAN -01 …RESPONDENTS (BY SMT. ASMA KOUSER, ADDL. SPP FOR R-1; R-2 SERVED AND UNREPRESENTED) THIS CRL.A. IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT, 2015 TO ALLOW THE APPEAL AND GRANT ANTICIPATORY BAIL TO APPELLANTS IN THE EVENT OF THEIR ARREST IN CR NO.211/2025 REGISTERED BY HASSAN RURAL POLICE FOR THE OFFENCES U/S 54, 352, 351(2), 74, 115(2), R/W 3(5) OF BNS SECTION 3(1)(r), 3(1)(s), 3(2)(va), 3(1)(za)(c) OF SC AND ST (PREVENTION OF ATROCITIES ACT AND SECTION 75 OF JUVENILE JUSTI8CE ACT ON THE FILE OF ADDL.DISTRICT AND SESSIONS JUDGE HASSAN. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT The appellants/accused Nos.3 to 5 have preferred this appeal against the order dated 12.09.2025 passed by the Court of Additional District and Sessions and Special Judge, Hassan in Crl.misc.No.848/2025, whereby the bail petition filed by the - 3 - HC-KAR NC: 2025:KHC:42595 CRL.A No. 1943 of 2025 accused under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ('BNSS, 2023' for short) came to be dismissed. 2. Learned counsel appearing for the appellants submits that as per the complaint, the incident took place on 04.08.2025, whereas, the complaint came to be lodged on 06.08.2025 and there is a delay of two days in registration of complaint. Learned counsel further submits that the appellants are innocent, peace loving citizens and they have not committed any offence leveled against them and they have been falsely implicated in the alleged crime. He also submits that there is a serious apprehension of arrest of appellants at the hands of respondent No.1/Police. Hence, he seeks to allow the appeal. 3. On the other hand, learned Additional SPP submits that the trial Court has appreciated the material on record in accordance with law and absolutely, there are no other grounds to interfere with the impugned order. Hence, she seeks to dismiss the appeal. - 4 - HC-KAR NC: 2025:KHC:42595 CRL.A No. 1943 of 2025 4. Heard the learned counsel for the appellants and learned Additional SPP for respondent No.1. Respondent No.2 though served, unrepresented. 5. The Investigating Officer has submitted his report that the notice under Section 35(3) of BNSS, 2023 was served to the accused Nos.3 to 5 namely, Radhamma, Renuka and Shwetha. The copies of these notices are produced and it reveals that all these accused have received the notice by putting their LTM/signatures on these notices. It is also submitted by the Investigating Officer that the charge sheet is already submitted to the Court. The charge sheet reveals that the Investigating Officer has filed charge sheet against the accused for the commission of offences under Sections 352, 351(2), 74, 115(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3(1)(r), 3(1)(s), 3(2)(va), 3(1)(za)(C) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 and Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015. - 5 - HC-KAR NC: 2025:KHC:42595 CRL.A No. 1943 of 2025 6. The alleged commission of offences are not punishable with death or imprisonment for life. Hence, the accused/appellants are not required for further investigation as the charge sheet is already filed against them. Though the Investigating Officer has issued the notice under Section 35(3) of BNSS, 2023, on 15.10.2025, the Investigating Officer has not arrested the accused. It shows that these accused are not required for any investigation. Now the apprehension of the appellants is that since the charge sheet is filed before the Special Court, Special Court would issue Non-Bailable Warrant against them. 7. Considering the nature, gravity of offences and antecedents of the accused, I proceed to pass the following: ORDER i) Appeal is allowed. Consequently, the order dated 12.09.2025 passed by the Court of Additional District and Sessions and Special Judge, Hassan in Crl.misc.No.848/2025 is set aside. - 6 - HC-KAR NC: 2025:KHC:42595 CRL.A No. 1943 of 2025 ii) Consequently, the bail petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is allowed. iii) The appellants shall be released on bail on executing a self bond of Rs.1,00,000/- (Rupees One Lakh Only) each with one surety each for the likesum to the satisfaction of the trial Court. iv) The appellants shall appear before the trial Court within 15 days from today. v) The appellants shall not tamper or threaten the prosecution witnesses in any manner. vi) The appellants shall appear before the trial Court on all the dates of hearing. Sd/- (G BASAVARAJA) JUDGE NR/- List No.: 1 Sl No.: 95