- 1 - HC-KAR NC: 2025:KHC:39963 CRL.A No. 1596 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL APPEAL NO.1596 OF 2025(U/S 14(A) (2)) BETWEEN: 1. NUTHAN PRASAD N AGED ABOUT 33 YEARS S/O LATE. NARAYANAPPA R/O NO.81, 6TH CROSS 6TH MAIN ROAD ULLALU MAIN ROAD JYOTHI NAGAR BENGALURU- 560 110 (NOW IN JUDICIAL CUSTODY) 2. CHANDRASHEKAR AGED ABOUT 33 YEARS S/O GARUDAPPA R/O MIDICHAIHANAPALYA TAVAREKERE POST MAGADI MAIN ROAD BENGALURU- 562 130 (NOW IN JUDICIAL CUSTODY) …APPELLANTS (BY SRI. VENKATESH S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY THALAGHATTAPURA P.S. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39963 CRL.A No. 1596 of 2025 BENGALURU-560109 REPTD. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU-560 001 2. KIRAN. S, AGED ABOUT 35 YEARS S/O SANNAPPA R/O NAGARAJANNA VATARA BEHIND GOVERNMENT SCHOOL VAJARAHALLI THALAGHATTAPURA POST BENGALURU-560 109 …RESPONDENTS (BY SMT.PUSHPALATHA B., ADDL. SPP FOR R1; R2 SERVED AND UNREPRESENTED) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14 (A) (2) SC/ST (POA) ACT PRAYING TO A. SET ASIDE THE ORDER PASSED IN CRL.MISC.NO.1157/2025 DATED 14.07.2025 BY THE LEARNED II ADDL.DIST. AND SESSIONS JUDGE BENGALURU RURAL DISTRICT BENGALURU, B. ENLARGE THE APPELLANTS ON BAIL IN CR.NO.139/2025, REGISTERED BY THALAGHATTAPURA P.S BENGALURU FOR O/P/US/ 109, 111(2), 127(2), 133, 137(2), 190, 310(2), OF BNS AND U/S 7, 27 OF ARMS ACT AND U/S 3(2)(v) SC/ST (POA) ACT, 1989 PENDING ON THE FILE OF HONBLE II ADDL.DIST. AND SESSIONS JUDGE AND SPECIAL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU FOR THE STATED ABOVE. 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:39963 CRL.A No. 1596 of 2025 ORAL JUDGMENT The appellants who are arrayed as accused Nos.3 and 4 in Cr.No.139/2025 of the respondent – Police are before this Court seeking regular bail for the offences punishable under Sections 109, 111(2), 127(2), 133, 137(2), 190, 310(2) of BNS and under5 Sections 7, 27 of Arms Act and Section 3(2)(v) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act (for short ‘SC/ST (POA) Act’), 1989 and seeking to set aside the impugned order dated 14.07.2025 passed in Crl.Misc.No.1157/2025 by the learned II Additional District and Special Judge, Bengaluru Rural District, Bengaluru. Factual Matrix of the case: 2. The case of the prosecution is that the complainant – Kiran S., belongs to Adi - Karnataka community (Scheduled Caste) residing in the jurisdiction of Thalaghattapura, Bangalore. He is having mini bus for his livelihood. On 08.04.2025, around about 8.30 p.m., he received a phone call from a lady and asked him to go to Kotilingeshwara for hire. On 09.04.2025, he called the lady, - 4 - HC-KAR NC: 2025:KHC:39963 CRL.A No. 1596 of 2025 but, her phone was switched off. Therefore, he was drinking tea around 8.30 p.m. One Dilip had informed him to come near Kanishka Hotel. He went there and said Dilip took the complainant along with him and many friends of Dilip have boarded the mini bus. When the bus reached Nelamangala toll, the complainant asked the passengers to give Rs.5,000/- for the purpose of filling the diesel. 3. It is further stated that accused No.1-Manjesh took the complainant to the rear side of the bus, assaulted him and threatened him with dire consequences stating that the complainant was having illicit relationship with his wife. Therefore, a complaint came to be registered against the appellants and other accused. The investigation is under progress. 4. Heard Sri.Venkatesh.S, learned counsel for the appellants and Smt.Pushpalatha.B, learned Additional State Public Prosecutor for respondent No.1 – State. 5. It is the submission of learned counsel for the appellants that they are the innocents of the alleged offences. The overt-act of the appellants were neither mentioned in the - 5 - HC-KAR NC: 2025:KHC:39963 CRL.A No. 1596 of 2025 complaint nor in the statements of complainant. The appellants have been implicated only on the ground that a case under Scheduled Caste and Scheduled Tribes (Prevention Of Atrocities) Act, registered against them. Therefore, the appellants may be enlarged on bail. 6. Per contra, the learned Additional State Public Prosecutor for respondent No.1 – State, vehemently, justified the action of filing the F.I.R and further she stated that the appellants herein had assaulted the complainant by using the lethal weapons and also scolded him by naming his caste. Therefore, it is not appropriate to grant bail. Having said thus, learned Additional State Public Prosecutor prays to dismiss the appeal. 7. Having heard the learned counsels for the respective parties and also perused the findings of the Trial Court, it appears from the record that the complainant was assaulted by accused No.1 on the pretext that he was having illicit relationship with his wife. The allegations made against the appellants are that, they had assaulted the complainant by - 6 - HC-KAR NC: 2025:KHC:39963 CRL.A No. 1596 of 2025 holding the long-chopper and draggers. They used the blunt side of the said weapons to assault the complainant. 8. On reading of the entire averments of the complaint it indicates that the overt-act against these appellants are not much greater than the other accused. Hence, it is needless to say that accused No.1 is stated to have used the pistol and threatened the complainant with dire consequences. Therefore, in view of the facts and circumstances of the case, I am of the considered view that the appeal deserves to be allowed. Hence, I proceed to pass the following: ORDER i) The Criminal Appeal is allowed. ii) The impugned order dated 14.07.2025 passed in Crl.Misc.No.1157/2025 by the learned II Additional District and Special Judge, Bengaluru Rural District, Bengaluru is set aside. iii) The appellants / accused Nos. 3 and 4 are ordered to be enlarged on bail in Crime No.139/2025 of respondent-police, on executing a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) each with one surety each to the like sum of the - 7 - HC-KAR NC: 2025:KHC:39963 CRL.A No. 1596 of 2025 satisfaction of the Jurisdictional Court, subjecting to the following conditions: a) The appellants shall not threaten the prosecution witnesses nor hamper the Court proceedings. b) They shall appear before the Trial Court on all dates of hearing without fail. c) They shall not leave the jurisdiction of the Court till disposal of the case. Sd/- (S RACHAIAH) JUDGE NM List No.: 2 Sl No.: 8