- 1 - HC-KAR NC: 2025:KHC-D:9741 CRL.A No. 100441 of 2025 C/W CRL.A No. 100373 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL APPEAL NO. 100441 OF 2025 C/W CRIMINAL APPEAL NO. 100373 OF 2025 (U/S 14 A(2) OF SC AND ST ACT) IN CRL.A. NO.100441 OF 2025: BETWEEN: SURESH @ BANADA SURESHA S/O. NARASIMMAPPA, AGED ABOUT 32 YEARS, OCC: AGRICULTURE, R/O: ARASIKERE VILLAGE, HARAPANAHALLI TALUK, DIST: VIJAYANAGARA-583 131. … APPELLANT (BY SRI. SRINIVAS NAIK, ADVOCATE) AND: 1. SMT. GOURAMMA W/O. LATE RAVIKUMARA, AGED ABOUT 28 YEARS, OCC: LABOUR, R/O: JARAKATTE VILLAGE, TQ: AND DIST: DAVANAGERE, PRESENTLY R/O: LOKURU VILLAGE, DIST: BELAGAVI-590 001. 2. STATE OF KARNATAKA, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, THROUGH ARASIKERE POLICE STATION, HARAPANALLI CIRCLE, DIST: VIJAYANAGARA-580 011. … RESPONDENTS (BY SRI. PRASHANT S. KADADEVAR, ADVOCATE FOR R1; SMT. KIRTILATA R. PATIL, HCGP FOR R2) RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:9741 CRL.A No. 100441 of 2025 C/W CRL.A No. 100373 of 2025 THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14 (A) (2) OF SC AND ST ACT, PRAYING TO SET ASIDE THE ORDER DATED 26.05.2025 PASSED BY THE ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-1, BALLARI, IN SPECIAL CASE NO.659/2025 (CRIME NO.37/2025 OF ARASIKERE POLICE STATION) FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 115(2), 351(2), 352, 70(1), 75(2) R/W 3(5) OF BNS 2023, AND UNDER SECTIONS 3(1)(R)(W)(I), 3(2)(VA), 3(2)(V), REJECTING THE BAIL APPLICATION FILED BY THE APPELLANT UNDER 483 OF BNSS AND CONSEQUENTLY, ALLOW THE APPEAL AND ENLARGE THE APPELLANT ON REGULAR BAIL IN SPL. CASE NO.659/2025 CRIME NO.37/2025 OF ARASIKERE POLICE STATION, ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-1, BALLARI, FOR THE OFFENCES UNDER SECTIONS 3(5), 75(2), 70(1), 352, 351(2), 115(2) OF BNS 2023 AND UNDER SECTIONS 3(1)(R) (W)(I), 3(2)(VA) 3(2)(V) OF THE SC AND ST (PREVENTION OF ATROCITIES) AMENDMENT ACT, 2015. IN CRL.A. NO.100373 OF 2025: BETWEEN: SRI. PRAKASH @ M. PRAKASH S/O BASAVARAJAPPA, AGE: 25 YEARS, OCC: AGRICULTURIST, R/O: ALABURU VILLAGE, TQ: KOTTUR, DIST: VIJAYNAGARA, PIN CODE-583 220. … APPELLANT (BY SRI. BASAVANA GOUD T., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ARASIKERE POLICE, ARASIKERE VILLAGE, TQ: HARAPANALLI, DIST: VIJAYANAGARA, PIN CODE-583 131. 2. SMT. GOURAMMA W/O. LATE RAVIKUMAR, AGE: 28 YEARS, OCC: HOUSE WIFE, JARAKATTE VILLAGE, TQ: AND DIST: DAVANAGERE. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. PRASHANT S. KADADEVAR, ADVOCATE FOR R2) - 3 - HC-KAR NC: 2025:KHC-D:9741 CRL.A No. 100441 of 2025 C/W CRL.A No. 100373 of 2025 THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14(A)(2) OF SC AND ST ACT, PRAYING TO GRANT A REGULAR BAIL TO THE APPELLANT/ACCUSED NO.1 IN SPL. CASE NO.659/2025, (CRIME NO.37/2025), PENDING ON THE FILE OF THE I ADDL. DISTRICT AND SESSIONS JUDGE CUM FTSC-1, AT BALLARI, REGISTERED BY RESPONDENT NO.1 ARASIKERE POLICE, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 3(5), 75(2), 70(1), 352, 351(2), 115(2) OF BHARATIYA NYAYA SANHITA (BNS) 2023, R/W SECTIONS 3(1)(R),(W)(I), 3(2)(VA), 3(2)(V) OF SC/ST (PREVENTION OF ATROCITIES)ACT, 1989, WHICH WOULD MEET THE ENDS OF JUSTICE. THESE APPEALS ARE COMING ON FOR ORDERS THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Accused Nos.1 and 3 in Spl.Case No.659/2025 pending before the Court of Additional District and Sessions Judge, FTSC-I, Ballari, arising out of Crime No.37/2025 registered by Arasikere Police Station, Vijayanagara for the offences punishable under Sections 70(1), 75(2), 115(2), 351(2), 352 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS 2023) and Sections 3(1)(w)(i), 3(2)(va), 3(1)(r) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 are before this Court in these two appeals filed under Section 14A(2) of the - 4 - HC-KAR NC: 2025:KHC-D:9741 CRL.A No. 100441 of 2025 C/W CRL.A No. 100373 of 2025 Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 seeking regular bail. 2. Heard learned counsel for the parties. 3. FIR in Crime No.37/2025 was registered by Arasikere Police Station, Vijayanagar initially for the offences punishable under Sections 115(2), 351(2), 352, 75(2) read with Section 3(5) of BNS 2023 against the driver, conductor of the private bus and another person. During the course of investigation, accused Nos.1 and 3 were arrested on 02.04.2025 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against accused for the aforesaid offences. Bail application filed by appellants before the trial Court in Spl.Case No.659/2025 was rejected. Therefore, they are before this Court in these two appeals. 4. Learned counsel who is appearing on behalf of the appellants having reiterated the grounds urged in the appeal memorandum submits that absolutely no - 5 - HC-KAR NC: 2025:KHC-D:9741 CRL.A No. 100441 of 2025 C/W CRL.A No. 100373 of 2025 allegations are made in the first information which would attract the offence punishable under Section 70 of the BNS 2023. Even the medical records of the victim lady do not support the allegation now found in the charge sheet. The appellants who have no other criminal antecedents are in custody for the last more than 3 months. Investigation in the case is already completed. Accordingly, prays to allow the appeals. 5. Per contra, learned HCGP and the learned counsel appearing for respondent No.2 have strongly opposed the prayer in the appeals and submit that though in the first information, there is no allegation of any kind of sexual assault made on the victim lady, in her further statement she has made such allegation which would attract offence under Section 70 of the BNS 2023. Appellants have committed heinous offence and in the event they are enlarged on bail, they may tamper with the prosecution witness. Accordingly, they pray to dismiss the appeals. - 6 - HC-KAR NC: 2025:KHC-D:9741 CRL.A No. 100441 of 2025 C/W CRL.A No. 100373 of 2025 6. In respect of the alleged incident that had taken place on 31.03.2025, the first information was submitted by the victim lady, aged about 28 years, on 01.04.2025. In the typed first information, which was filed by the victim lady on 01.04.2025, she has stated that her husband has died about 4 years earlier and on 31.03.2025, after visiting the temple, along with her children, she was returning to her village in a bus and there were about 8 to 10 passengers in the said bus. After the aforesaid passengers got down from the bus, driver, conductor and another person who was present in the bus allegedly misbehaved with her and when she resisted their act, they criminally intimidated her. At that time, her children started shouting and hearing the same, public came to the spot. Thereafter aforesaid 3 persons ran away from the bus. She has stated that in the said incident, she had not suffered any injury and therefore, her medical examination is not necessary. It is under these circumstances, based on the first information submitted by - 7 - HC-KAR NC: 2025:KHC-D:9741 CRL.A No. 100441 of 2025 C/W CRL.A No. 100373 of 2025 the victim lady, FIR was initially registered against 3 persons, only for the offences under Sections 115(2), 351(2), 352, 75(2) read with Section 3(5) of the BNS 2023. 7. During the course of investigation, further statement of the victim lady was recorded on 02.04.2025 in which she has stated that after the passengers had got down from the bus in which she was traveling the driver, conductor and another person who were present in the bus, allegedly had pulled the clothes which she was wearing and when they were committing forcible sexual intercourse with her, some of the villagers came to the spot and at that time, said persons escaped from the spot. Victim lady was medically examined on 02.04.2025. However, the doctor who has medically examined the victim lady has opined that the victim lady had not suffered any kind of injury on any part of her body. The doctor also stated that no injuries were found even in private parts of the victim lady. The doctor has further - 8 - HC-KAR NC: 2025:KHC-D:9741 CRL.A No. 100441 of 2025 C/W CRL.A No. 100373 of 2025 opined that there are no signs of recent sexual intercourse. 8. Before the doctor, the victim lady has stated that all the aforesaid 3 persons had committed forcible sexual intercourse with her one after another, but the doctor who had medically examined the victim, has opined that there are no signs suggestive of recent sexual intercourse. It is also necessary to take into consideration that in the typed first information, which was submitted by the victim lady on 01.04.2025, she has not made any allegation against the accused about committing forcible sexual intercourse with her. In the typed first information, it is categorically stated that she had not sustained any injury and therefore her medical examination is not required. Investigation of the case is completed and charge sheet has been filed. Appellants who have no criminal antecedents are in custody for the last more than 3 months. - 9 - HC-KAR NC: 2025:KHC-D:9741 CRL.A No. 100441 of 2025 C/W CRL.A No. 100373 of 2025 9. There is no such averment in the first information that the alleged act was committed by the accused knowing well that the victim lady belong to Scheduled Caste or Scheduled Tribe category. Undisputedly, the accused and the victim lady were strangers to each other. Even in her further statement no such averment is made which would prima facie attract offences punishable under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. Under the circumstances, I am of the opinion that the prayer made by the accused Nos.1 and 3 for grant of regular bail need to be answered in the affirmative. Accordingly, the following: ORDER i. Criminal Appeals are allowed. ii. The order dated 21.05.2025 and the order dated 26.05.2025 insofar as it relates to rejection of the bail application filed by the accused Nos.1 and 3 in Spl.Case - 10 - HC-KAR NC: 2025:KHC-D:9741 CRL.A No. 100441 of 2025 C/W CRL.A No. 100373 of 2025 No.659/2025 pending before the Court of Additional District and Sessions Judge, FTSC- I, Ballari, arising out of Crime No.37/2025 registered by Arasikere Police Station, Vijayanagara for the offences punishable under Sections 70(1), 75(2), 115(2), 351(2), 352 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3(1)(w)(i), 3(2)(va), 3(1)(r) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, is set aside and the accused Nos.1 and 3 are directed to be enlarged on bail, subject to the following conditions: a. The appellants shall execute personal bond for a sum of Rs.1,00,000/- each with 2 sureties for the likesum to the satisfaction of the jurisdictional Court; - 11 - HC-KAR NC: 2025:KHC-D:9741 CRL.A No. 100441 of 2025 C/W CRL.A No. 100373 of 2025 b. The appellants shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; c. The appellants shall not directly or indirectly threaten or tamper with the prosecution witnesses; d. The appellants shall not involve in similar offences in future. e. The appellants shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK CT:BCK LIST NO.: 1 SL NO.: 10