- 1 - HC-KAR NC: 2025:KHC-D:12104 CRL.A No. 100537 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL APPEAL NO. 100537 OF 2025 (U/S 14 A(2) OF SC AND ST ACT) BETWEEN: 1. SMT. MALLESHWARI W/O PRATHAP REDDY, AGE. 58 YEARS, OCC. HOUSEHOLD, R/O. NEAR SADRUDDIN BABA DARGA, NEAR AYYAPPA SWAMY TEMPLE, AYYAPPA LAYOUT, BALLARI-583 101. 2. SRI. PRATHAP REDDY A.V. S/O LATE BALAVEERA REDDY, AGE. 65 YEARS, OCC. NIL, R/O. NEAR SADRUDDIN BABA DARGA, NEAR AYYAPPA SWAMY TEMPLE, AYYAPPA LAYOUT, BALLARI-583 101. 3. SRI. SAMPATH REDDY A.V. S/O PRATHAP REDDY, AGE. 36 YEARS, OCC. EMPLOYEE, R/O. NEAR SADRUDDIN BABA DARGA, NEAR AYYAPPA SWAMY TEMPLE, AYYAPPA LAYOUT, BALLARI-583 101. ALL ARE PERMANENT R/O. WARD NO.14, RUPANAGUDI ROAD, NEAR HULIGEMMA TEMPLE, BALLARI-583 101. … APPELLANTS (BY SRI. SRINAND A. PACHAPURE, ADVOCATE) RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:12104 CRL.A No. 100537 of 2025 AND: 1. THE STATE OF KARNATAKA, THROUGH BALLARI WOMEN POLICE STATION, NOW R/BY PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH AT DHARWAD-580 011. 2. SMT. NAGAVENI W/O LATE SHIVA, AGE. 45 YEARS, OCC. HOUSEHOLD WORK, R/O. 3RD CROSS KUVEMPU NAGAR, BALLARI-583 101. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; R2-SERVED) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14A(2) OF SC/ST (POA) ACT, 1989, PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONERS/ACCUSED NO.2, 3 AND 4 IN THE EVENT OF HIS ARREST IN CRIME NO.91/2025 REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 80, 115(2), 352 R/W SECTION 3(5) OF BNS AND SECTIONS 3(1)(R), 3(1)(S) AND 3(2)(V-A) OF SC/ST (POA) ACT, 1989, BY BALLARI WOMEN POLICE STATION, AND SET ASIDE THE ORDER DATED 16.08.2025 IN CRL.MISC. NO.640/2025 BY THE COURT OF I ADDL. DISTRICT AND SESSIONS JUDGE, BALLARI, IN THE INTEREST OF JUSTICE. THIS APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:12104 CRL.A No. 100537 of 2025 ORAL JUDGMENT (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Accused Nos.2 to 4 in Crime No.91/2025 registered by Ballari Woman Police Station, Ballari, for offences punishable under Sections 80, 115(2), 352 r/w Section 3(5) of BNS and Sections 3(1)(r), 3(1)(s) and 3(2)(v-a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015, are before this Court in this appeal filed under Section 14(A)(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015. 2. Heard the learned counsel for the appellant and learned HCGP for respondent No.1. Respondent No.2 who is served in the matter has remained unrepresented before this Court. 3. FIR in Crime No.91/2025 was registered by Ballari Woman Police Station, Ballari, for the aforesaid offences against Anil Kumar Reddy and the appellants - 4 - HC-KAR NC: 2025:KHC-D:12104 CRL.A No. 100537 of 2025 herein based on the first information dated 21.07.2025 filed by respondent No.2, who is the mother of deceased Chandrakala. Apprehending arrest in the case, appellants had filed Crl.Misc.No.640/2025 before the jurisdictional Sessions Court, which was rejected on 16.08.2025. Therefore, they are before this Court. 4. Learned counsel for the appellants submits that marriage between accused no.1 and the deceased was a love marriage. Therefore, the allegation of demand for dowry is totally false. He submits that allegation as against the appellants are all general and omnibus in nature. Accused no.1 has been arrested in the present case on 22.07.2025 and he is in custody. Appellant no.4 is working in a private company at Hubballi and during weekends he visits his parents at Ballari. Appellants do not have any criminal antecedent. They are ready and willing to cooperate with the police for the purpose of investigation. Accordingly, prays to allow the appeal. - 5 - HC-KAR NC: 2025:KHC-D:12104 CRL.A No. 100537 of 2025 5. Per contra, learned HCGP has opposed the appeal. She submits that there are allegations even as against the appellants about ill-treating and torturing the deceased in her matrimonial house, in furtherance of demand for bringing additional dowry. Unable to bear the torture meted out in the matrimonial house, deceased has committed suicide in her parents' house. Considering the nature of the allegations found against the appellants in view of Section 18 of the SC/ST Act, the prayer made by them cannot be granted. Accordingly, she prays to dismiss the appeal. 6. Perusal of the averments found in the first information dated 21.07.2025 submitted by the mother of deceased Chandrakala would go to show that accused no.1 and Chandrakala were in love. The parents and elders of both the parties had performed their marriage on 13.12.2020. Thereafter, the couple lived together happily for a period of 2 years. In the first information, it is alleged that subsequently, accused no.1, his parents and younger - 6 - HC-KAR NC: 2025:KHC-D:12104 CRL.A No. 100537 of 2025 brother were abusing the deceased for the reason that she belonged to scheduled caste. It is further alleged that accused no.1 was in the habit of consuming alcohol and physically abusing his wife. It is alleged that Chandrakala had returned to her parents house after quarrelling with her husband and subsequently, she was advised and sent back to her matrimonial house. It is further alleged that Chandrakala was being harassed for the reason that she had not conceived even after lapse of more than 5 years from the date of her marriage. 7. On 19.07.2025 Chandrakala had called her mother and informed her that her husband after consuming alcohol was regularly abusing her physically and her in-laws were abusing her mentally. Thereafter, at about 1.00 pm on 19.07.2025 appellant No.4 had dropped Chandrakala in her parents’ house and had returned. Subsequently the first informant found that Chandrakala had consumed poison and therefore she and her sister shifted Chandrakala to a hospital, but while undertaking treatment in the hospital - 7 - HC-KAR NC: 2025:KHC-D:12104 CRL.A No. 100537 of 2025 Chandrakala died on 20.07.2025 at 5.50 p.m. It is under these circumstances FIR was registered against accused No.1 who is the husband of Chadrakala, his parents and his brother. 8. The marriage between the accused No.1 and Chandrakala was a love marriage, which was performed by the elders and parents of both the parties. There is no allegation in the first information that at the time of marriage, there was a demand for payment of dowry either by accused or by his parents. Therefore the allegation now found in the first information that the deceased was being tortured in her matrimonial house in furtherance of demand for additional dowry becomes difficult to be believed. 9. From a reading of the first information it appears that accused No.1 was in the habit of consuming alcohol and therefore abusing and assaulting his wife. Even on 19.07.2025, deceased allegedly had informed her mother that accused No.1 was in the habit of consuming alcohol - 8 - HC-KAR NC: 2025:KHC-D:12104 CRL.A No. 100537 of 2025 regularly and was physically assaulting her. So far as other accused are concerned, the allegation is that they were mentally abusing her, but particulars of such alleged abuse is not found in the first information. 10. The material made available by the learned HCGP to this Court would go to show that accused No.4 had left the deceased in her parents house on 19.07.2025 at about 1.00 p.m. and had returned. Subsequently at 2.30 p.m., the first informant found that her daughter Chandrakala who was lying in a bed had consumed some poisonous substance. It is under these circumstances, the first informant and her sister had shifted Chandrakala to the hospital on 19.07.2025 at about 3.00 p.m. Chandrakala who was admitted in the hospital died on 20.07.2025 at about 5.50 p.m. The first information in the present case is belatedly submitted on 21.07.2025 at about 1.00 p.m. Appellant Nos.1 and 2 herein are aged parents of accused No.1 and appellant No.4 is the younger brother of accused No.1. - 9 - HC-KAR NC: 2025:KHC-D:12104 CRL.A No. 100537 of 2025 11. Learned counsel for the appellants has produced material before this Court which prima facie shows that appellant No.1 is working in Hubballi in a private company. Undisputedly, appellants herein do not have any criminal antecedents. Accused No.1 who is arrested in the present case on 22.07.2025 is in custody. Appellants have undertaken to cooperate with the investigation officer for the purpose of investigation. Considering the nature of allegations as against the appellants which are general and omnibus and also the relationship between the parties, I am of the opinion that bar under Section 18 of the Act cannot be very strictly made applicable as against them. Under the circumstances, the following: ORDER a. Criminal Appeal is allowed. b. The order dated 16.08.2025 passed by the I Additional District and Sessions Judge, Ballari in Crl.Misc.No.640/2025 is hereby set aside. - 10 - HC-KAR NC: 2025:KHC-D:12104 CRL.A No. 100537 of 2025 The respondent – Police or any other Police in the State of Karnataka are directed to release the appellant in the event of his arrest in Crime No.91/2025 registered by Ballari Woman Police Station, Ballari, for offences punishable under Sections 80, 115(2), 352 r/w Section 3(5) of BNS and Sections 3(1)(r), 3(1)(s) and 3(2)(v-a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015, subject to the following conditions: i. The appellants shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties for the like sum to the satisfaction of the investigating officer; ii. The appellants shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons; iii. The appellants shall not tamper with the prosecution witness and they shall co-operate - 11 - HC-KAR NC: 2025:KHC-D:12104 CRL.A No. 100537 of 2025 with the police for investigation and appear before them whenever called upon. iv. The appellants shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE VMB, KGK CT:BCK LIST NO.: 1 SL NO.: 11