- 1 - HC-KAR NC: 2025:KHC:42515 CRL.A No. 1699 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 1699/2025 BETWEEN: SRINIVAS.S.T S/O H.THIMMAPPA, AGED ABOUT 45 YEARS, OCC: AGRICULTURIST, R/O VIDYANAGARA, SHIVAMOGGA-577203. …APPELLANT (BY SRI.YADUNANDAN.N.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY KOTE POLICE STATION REP BY SPP HIGH COURT BUILDING BENGALURU-560001. 2. DURGAPPA KARLATTIKERI, VIDHYANAGAR Digitally signed by NANJUNDACHARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42515 CRL.A No. 1699 of 2025 R/O B.H.ROAD SHIVAMOGGA …RESPONDENTS (BY SRI.B.LAKSHMAN, HCGP FOR R1; NOTICE TO R2 IS DISPENSED WITH) THIS CRL.A IS FILED UNDER SECTION 14(A)(2) OF SC/ST (POA) ACT, 2015 BY THE ADVOCATE FOR THE APPELLANT PRAYING TO SET ASIDE THE ORDER DATED 10.07.2025 PASSED IN CRL.MISC.634/2025 BY THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE SHIVAMOGGA AND ENLARGE HIM ON BAIL IN THE EVENT OF ARREST FOR FIR REGISTERED IN CR.NO.117/2025 OF KOTE P.S FOR THE O/P/U/S 351(2), 115(2), 352 R/W SECTION 3(5) OF BNS 2023 AND SECTION 3(1)(r), 3(1)(s), 3(2)(va) OF SC/ST (POA) PENDING ON ADDITIONAL DISTRICT AND SESSIONS COURT SHIVAMOGGA DISTRICT, SHIVAMOGGA. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA - 3 - HC-KAR NC: 2025:KHC:42515 CRL.A No. 1699 of 2025 ORAL JUDGMENT The accused No.2 – Srinivas.S.T., has preferred this appeal against the order passed in Crl.Misc.No.634/2025 dated 10.07.2025 by the II Additional District and Sessions Judge, Shivamogga. 2. The brief facts leading to this appeal are that, on the basis of the complaint filed by one Durgappa, the Kote police have registered the case in Crime No.117/2025 against accused Nos.1 and 2 i.e., Kanake Gowda.S.T., and Srinivas.S.T., respectively for the offence punishable under Sections 3(1)(r), 3(2)(va) of the SC & ST (Prevention of Atrocities) Amendment Act, 2015, under Section 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023, under Section 3(1)(s) of the SC & ST (Prevention of Atrocities) Amendment Act, 2015 and under Section 341(2), 115(2), 352 of the Bharatiya Nyaya Sanhita (BNS), 2023. Both the accused Sriniva.S.T., and Kanake Gowda.S.T., filed application under Section 482 of the BNSS for grant of anticipatory bail and the same is rejected by the Trial - 4 - HC-KAR NC: 2025:KHC:42515 CRL.A No. 1699 of 2025 Court. Being aggrieved by the dismissal of application, accused No.2 Srinivas.S.T. has preferred this appeal. 3. Learned counsel for the appellant Sri.Yadunandan.N., would submit that this Court has already granted bail to the accused No.1 in Crl.A.No.1563/2025. Hence, on the principle of parity, he sought for allowing this appeal. 4. It is not in dispute that this Court has granted bail to the accused No.1 in Crl.A.No.1563/2025. The alleged commission of offences are not punishable with death or imprisonment for life. The alleged offence took place on 29.06.2025 and till this date, the Investigating Officer has not submitted the charge sheet against the accused. Accordingly, the Investigating Officer has failed to comply with the mandatory provisions of Rule 7(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995. Even, the Investigating Officer has - 5 - HC-KAR NC: 2025:KHC:42515 CRL.A No. 1699 of 2025 not issued any notice to the appellant under Section 35 of the BNSS, 2023. 5. Considering the conduct of the Investigating Officer and also on the principle of parity, I proceed to pass the following: ORDER i) Appeal is allowed. ii) The impugned order passed by the I/c II Additional District and Sessions Judge, Shivamogga in Crl.Misc.No.634 of 2025 dated 10.07.2025 is set aside. Consequently, the application filed under Section 482 BNSS is allowed. iii) The appellant shall be released on bail on executing a self bond of Rs.50,000/- (Rupees Fifty Thousand only) with one surety for the like-sum, in the event of his - 6 - HC-KAR NC: 2025:KHC:42515 CRL.A No. 1699 of 2025 arrest by the Investigating Officer in Crime No.117 of 2025 of Kote Police. iv) The accused shall assist the Investigating Officer for investigation. v) The accused shall not tamper or threaten the prosecution witnesses in any manner. vi) The appellant shall not indulge in similar offences. Sd/- (G BASAVARAJA) JUDGE NC List No.: 1 Sl No.: 15