- 1 - HC-KAR NC: 2025:KHC-D:9763 CRL.P No. 102728 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 PETITION NO. 102728 OF 2025 (438(CR.PC)/482(BNSS)) BETWEEN: MANJAPPA S/O. YANKAPPA KUKKEPPANAVAR, AGE: 32 YEARS, OCC: LABOURER, R/O: B. HOSALLI VILLAGE, DIST: KOPPAL-583 239. … PETITIONER (BY SRI. B.C. JNANAYYA SWAMI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, (THROUGH KOPPAL RURAL P.S.), REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH AT DHARWAD. 2. SHRI. RAMACHANDRAPPA POOJAR, AGE: 50 YEARS, OCC: AGRICULTURIST, R/O: B. HOSALLI VILLAGE, DIST: KOPPAL-583 239. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. GANAPATI M. BHAT, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (UNDER SECTION 482 OF BNSS, 2023), PRAYING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER/ACCUSED NO.2 ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.94/2025 REGISTERED IN KOPPAL RURAL POLICE STATION, FOR THE OFFENCES PUNISHABLE UNDER SECTION 64(2)(M), 352, 351(2), 351(3) OF BNS AND SECTION 6 OF THE POCSO ACT, 2012, AND SECTIONS 3(1)(R), 3(1(S), 3(1)(W), 3(2)(V) OF SC ST ACT (POA) ACT, 1989, BEFORE ADDL. DISTRICT AND SESSION JUDGE FTSC-I, KOPPAL, PENDING INVESTIGATION AND TRIAL OF THE CASE, IN THE INTEREST OF JUSTICE. YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:9763 CRL.P No. 102728 of 2025 THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.2 in Crime No.94 of 2025, registered by Koppal Rural Police Station, Koppal Rural Circle, Koppal, for the offences punishable under Sections 64(2)(m), 352, 351(2) and 351(3) of BNS, Section 6 of the POCSO Act, 2012 and Section 3(1)(r), 3(1)(s), 3(1)(w), 3(2)(v) of SC and ST (POA) Act, 1989, is before this Court under Section 482 of the BNSS 2023 seeking anticipatory bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.94 of 25 was registered by Koppal Rural Police Station, for the aforesaid offences against Kenchappa and the petitioner herein, based on the first information dated 26.05.2025 received from the victim girl. Apprehending arrest in the said case, accused No.2 in the FIR had filed Crl. Misc. No.221/2025 before the - 3 - HC-KAR NC: 2025:KHC-D:9763 CRL.P No. 102728 of 2025 jurisdictional Sessions Court, which was rejected on 21.06.2025 Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that, even if the allegations found in the first information are presumed to be true, the alleged offences under the provisions of SC and ST (POA) Act do not get attracted against the petitioner. The petitioner is a married man, has no criminal antecedents, and is ready and willing to cooperate with the Police for the purpose of investigation. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP for respondent No.1 and the learned counsel for respondent No.2 have opposed the petition and submit that since the provisions of the SC and ST (POA) Act has been invoked in the present case, the anticipatory bail application of the petitioner cannot be entertained in view of the bar provided under Section 18 of the said Act. Accordingly, they pray to dismiss the petition. - 4 - HC-KAR NC: 2025:KHC-D:9763 CRL.P No. 102728 of 2025 6. Perusal of the first information submitted by the victim girl would go to show that she has alleged that accused No.1 who is the younger brother of the petitioner was following her on her way to her school and was pestering her to love and marry him. She has alleged that on 22.05.2025, accused No.1 had forcible sexual intercourse with her against her wishes and also threatened her with dire consequences. She has further alleged that the said act was repeated by accused No.1 thereafter two to three times and subsequently she had revealed the same to her mother on 25.05.2025. Thereafter, she and her mother had gone near the house of accused No.1. On the said day, accused No.1 was not present in the house and therefore the mother of the victim girl allegedly brought to the notice of accused No.2 about the act committed by accused No.1. It is alleged that accused No.2 abused the victim and her mother referring to their caste and it is under these circumstances, the FIR was registered against the accused Nos.1 and 2. - 5 - HC-KAR NC: 2025:KHC-D:9763 CRL.P No. 102728 of 2025 7. There is no such allegation in the first information about the petitioner committing any kind of sexual assault on the victim and on the other hand, the only allegation against the petitioner / accused No.2 is that when the victim girl and her mother came near his house in search of accused No.1, he allegedly had abused them referring to their caste. In the first information, it is not stated that accused No.2 had abused the first informant and her mother referring to their caste, in the presence of the public. For the purpose of attracting the offences under the provisions of SC and ST (POA) Act, the act committed by the accused should be in the view of the public. In the absence of such a material, I am of the opinion that the bar under Section 18 of the Act does not get attracted in the present case. 8. Under the circumstances, I am of the opinion that, the prayer made by the petitioner for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following: - 6 - HC-KAR NC: 2025:KHC-D:9763 CRL.P No. 102728 of 2025 ORDER The petition is allowed. The respondent – Police or any other Police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.94 of 2025 registered by Koppal Rural Police Station, Koppal Rural Circle, Koppal for the offences punishable under Sections 64(2)(m), 352, 351(2) and 351(3) of BNS, Section 6 of the POCSO Act, 2012 and Section 3(1)(r), 3(1)(s), 3(1)(w), 3(2)(v) of SC and ST (POA) Act, 1989, subject to the following conditions: i. The petitioner 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/- with two sureties for the like sum to the satisfaction of the investigating officer. ii. The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. - 7 - HC-KAR NC: 2025:KHC-D:9763 CRL.P No. 102728 of 2025 iii. The petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon. iv. The petitioner shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP / CT:BCK LIST NO.: 1 SL NO.: 28