- 1 - HC-KAR NC: 2025:KHC:38037 CRL.A No. 1577 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL APPEAL NO. 1577 OF 2025 (U/S 14(A) (2)) BETWEEN: SMT. SHAZIYA BANU W/O EJAS SHAREEF AGED ABOUT 42 YEARS DEPOT MANAGER KSRTC DEPARTMENT OF MECHANICAL ENGINEERING R/AT KORMUR STREET OPPOSITE NATIONAL SAMIL HOLENARASIPURA TOWN HASSAN DISTRICT-573 211 …APPELLANT (BY SRI. GAURAV SUBRAMANYAM., ADVOCATE) AND: 1. STATE OF KARNATAKA BY BELURU POLICE STATION HASSAN, REP BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU-560 001 Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38037 CRL.A No. 1577 of 2025 2. SRI HARISH D S/O DODDAIAH AGED ABOUT 41 YEARS KSRTC EMPLOYEE R/AT KOTIGENAHALLI VILLAGE AREHALLI VILLAGE BELURU TALUK HASSAN DISTRICT-573115 PRESENTLY R/AT GONIKERE STREET BELURU TOWN HASSAN DISTRICT-573 115 …RESPONDENTS (BY SMT.PUSHPALATHA B. ADDL. SPP FOR R1; SRI.MURTHY D.L., ADVOCATE FOR R2) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14(A)(2) OF SC/ST (POA) ACT PRAYING TO SET ASIDE THE DISMISSAL ORDER IN VIDE CRL.MISC.NO.690/2025 DTD 22.07.2025 PASSED BY THE ADDL. DISTRICT AND SESSIONS AND SPECIAL JUDGE, AT HASSAN AND ENLARGE THE APPELLANT ON ANTICIPATORY BAIL IN CR.NO.164/2025 DTD 11.07.2025, FOR THE OFFENCES P/U/S 3(1)(R), 3(1)(S) OF SC/ST (POA) ACT, 2015, PENDING ON THE FILE OF HONBLE ADDL. DISTRICT AND SESSIONS JUDGE COURT, AT HASSAN. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2025:KHC:38037 CRL.A No. 1577 of 2025 ORAL JUDGMENT This appeal is filed by the appellant seeking for grant of anticipatory bail for the offences punishable under Section 352 of BNS and under Section 3(1)(R), 3(1)(S) of SC and ST (Prevention of Atrocities) Amendment Act, 2015. Factual matrix of the case: 2. It is the case of the prosecution that the complainant was working as driver cum conductor in the K.S.R.T.C Depot, Beluru. It is further stated in the complaint that he was denied work and also the allotment of route for his job. When the complainant went and requested the appellant to allot him duty, he was scolded by naming his caste and also threatened with dire consequences. Hence, he lodges a complaint. The matter is under investigation. 3. It is the submission of learned counsel for the appellant that the complainant was not working properly and he was not following the instructions of the higher officials. When the appellant herein had asked him to complete his work as assigned by the authority, he has not only refused to work - 4 - HC-KAR NC: 2025:KHC:38037 CRL.A No. 1577 of 2025 but also scolded her. Therefore, there was a scuffle between the appellant and the complainant. The complainant by taking advantage of his caste deliberately lodges a complaint in order to implicate her in a false case. Therefore, she may be enlarged on bail by imposing suitable conditions. 4. Per contra, learned Additional S.P.P opposes the submissions and she further submitted that there are serious allegations made in the complaint against the appellant. The averments of the complaint would disclose that the appellant has committed the offence as stated in the complaint. 5. It is further submitted that there is a bar under Section 18A of SC and ST (Prevention of Atrocities) Amendment Act, 2015, the bail cannot be granted. Making such submissions, the learned Additional S.P.P. prays to reject the bail. 6. Similarly the learned counsel for the de-facto complainant adopted the arguments advanced by the learned Additional S.P.P and prays to reject the appeal. - 5 - HC-KAR NC: 2025:KHC:38037 CRL.A No. 1577 of 2025 7. Having heard the learned counsels for the respective parties and also perused the averments of the complaint, it would indicate that the complainant was working as driver-cum-conductor. The appellant was working as a Depot Manager at Beluru. There was a scuffle between them in respect of work allotment. Though, it appears that there are some allegations made against the appellant regarding adverse remarks against the caste of the complainant, the fact remains that, the manner in which the complaint came to be registered, would indicate that the appellant is entitled for the relief as prayed for. It is needless to say that the alleged incident had occurred on 04.07.2025 and 07.07.2025. However, a complaint came to be registered on 11.07.2025. Hence, I proceed to pass the following: ORDER i. The Criminal Appeal is allowed. ii. The order dated 22.07.2025 passed in Crl.Misc.No.690/2025 on the file of Addl. District and Sessions and Special Judge, Hassan, is hereby, suspended. - 6 - HC-KAR NC: 2025:KHC:38037 CRL.A No. 1577 of 2025 iii. The appellant is enlarged on bail on executing a personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the Trial Court. In view of disposal of the main appeal, interim applications, if any, shall also, stands disposed of. Sd/- (S RACHAIAH) JUDGE NM List No.: 1 Sl No.: 20