- 1 - HC-KAR NC: 2025:KHC-D:10919 CRL.A No. 100426 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL APPEAL NO. 100426 OF 2025 (U/S 14 A(2) OF SC AND ST ACT) BETWEEN: 1. MEHABOOBSAB MULLA S/O MODINSAB MULLA, AGE. 47 YEARS, OCC. BUSINESS, R/O. W.NO.4, SIDDAPUR, TQ. GANGAVATHI, DIST. KOPPAL-583 231. 2. DASTGEER S/O. HUSSAINSAB, AGE. 41 YEARS, OCC. BUSINESS, R/O. WARD NO.5, NEAR MADINA MASJID, SIDDAPUR, TQ. GANGAVATHI, DIST. KOPPAL-583 231. 3. HUSSAINBASHA TAVARGERA S/O. BADESAB TAVARGERA, AGE. 43 YEARS, OCC. BUSINESS, R/O. DULGAM GUDI HATTIRA SIDDAPUR, TQ. GANGAVATHI, DIST. KOPPAL-583 231. 4. MAHAMAD SHAFI S/O. BASHUSAB AGE. 41 YEARS, OCC. BUSINESS, R/O. WARD NO.5, SIDDAPUR, TQ. GANGAVATHI, DIST. KOPPAL-583 231. 5. MOHIN S/O. MAHEBOOB, AGE. 23 YEARS, OCC. BUSINESS, R/O. WARD NO.4, SIDDAPUR, TQ. GANGAVATHI, DIST. KOPPAL-583 231. … APPELLANTS (BY SRI. SADIQALI GOODWALA, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY STATE PUBLIC PROSECUTOR, RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10919 CRL.A No. 100426 of 2025 HIGH COURT OF KARNATAKA, DHARWAD BENCH, THROUGH KARATAGI POLICE STATION, GANGAVATHI SUB-DIVISION, DIST. KOPPAL-583 231. 2. JAYAMMA W/O. DURGAPPA YARADAL, AGE. 45 YEARS, OCC. LABORER, R/O. NEAR DURUGAMMA TEMPLE, WARD NO.5, SIDDAPURA VILLAGE, TQ. KARATAGI, DIST. KOPPAL-583 231. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. S.B. PATIL, ADVOCATE FOR R2) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14 A(2) OF SC AND ST ACT 1989, PRAYING TO ALLOW THE PETITION OF PETITIONERS/ACCUSED NO.1 TO 5 FOR GRANT OF THE ANTICIPATORY BAIL IN FAVOR OF THE PETITIONERS AND DIRECT THE RESPONDENT KARATAGI POLICE STATION TO RELEASE THE PETITIONER IN THE EVENT OF HIS ARREST IN CRIME NO.159/2025 IN PENDING BEFORE ADDL. DISTRICT AND SESSIONS COURT KOPPAL, SITTING AT GANGAVATHI, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 3(1)(R), 3(1)(S), 3(1)(W), 3(2)(VA) OF PREVENTION OF ATROCITIES ACT 1989, AND PUNISHABLE UNDER SECTIONS 189(2), 191(2), 329(4), 115(2), 74, 133, 352, 351(2) R/W 190 OF BNS 2023, AND SET ASIDE ORDER DATED 07.07.2025 IN CRL. MISC.146/2025 PASSED BY ADDL. DISTRICT AND SESSIONS JUDGE, KOPPAL, SITTING AT GANGAVATHI, IN THE INTEREST OF JUSTICE. THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:10919 CRL.A No. 100426 of 2025 ORAL JUDGMENT (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) Accused Nos.1 to 5 in Crime No.159/2025 registered by Karatagi Police Station, Koppal District, for offences punishable under Sections 3(1)(r), 3(1)(s), 3(1)(w), 3(2)(va) of SC & ST (Prevention of Atrocities) Act 1989, and punishable under Sections 189(2), 191(2), 329(4), 115(2), 74, 133, 352, 351(2) r/w 190 of Bharatiya Nyaya Sanhita, 2023, are before this Court in this appeal filed under Section 14(A)(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015. 2. Heard the learned counsel for parties. 3. FIR in Crime No. 159/2025 was registered by Karatagi Police Station, Koppal District, for the aforesaid offences against appellants herein based on the first information dated 13.06.2025 received from respondent No.2, who is the alleged victim in the present case. Apprehending arrest in the case, appellants had filed Criminal Miscellaneous No.146/2025 before the jurisdictional Sessions Court, which - 4 - HC-KAR NC: 2025:KHC-D:10919 CRL.A No. 100426 of 2025 was rejected on 07.07.2025. Therefore, they are before this Court. 4. The learned counsel for the appellants submits that, appellant no.1 is a charge sheet witness in a POCSO case that was registered against the son of the first informant. With ulterior motive she has lodged a false complaint at the instance of certain others. No such incident as alleged had taken place on 12.06.2025. Appellants are ready and willing to co-operate with the police for the purpose of investigation. 5. Learned HCGP submits that accused No.1 is a person with criminal antecedent facing multiple criminal cases. Learned counsel appearing for respondent no.2 submits that respondent no.2 is present in person before the Court and she has no objection for allowing the appeal. He submits that respondent no.2, at the instance of some others, had approached the police and submitted the typed first information, which was given to her. - 5 - HC-KAR NC: 2025:KHC-D:10919 CRL.A No. 100426 of 2025 6. In the typed first information dated 13.06.2025, which is submitted by respondent no.2 before the police, it is alleged that on 12.06.2025 at about 11.30 p.m., when the victim was in her house, the appellants forcibly trespassed into her house and sought sexual favours from her. They allegedly abused her referring to her caste and also assaulted her and kicked her on her private part and tried to commit her murder. When she raised a cry, some villagers came there and rescued her. 7. Victim has not stated that, when the appellants abused her referring to her caste anybody else was present inside her house. Undisputedly, the alleged incident has taken place inside the house of the victim and the same is not in public view. Therefore, it becomes doubtful whether the offences punishable under the Provisions of SC/ST (POA) Act get attracted in the present case. Even otherwise the respondent No.2 who is present before the Court has submitted that she has no objection to allow the appeal and at the instance of some others she had submitted the typed - 6 - HC-KAR NC: 2025:KHC-D:10919 CRL.A No. 100426 of 2025 first information which was handed over to her. Considering the aforesaid aspects of the matter, I am of the opinion that prayer made by the appellants for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following: ORDER Criminal Appeal is allowed. The order dated 07.07.2025 passed by the Additional District and Sessions Judge, Koppal (sitting at Gangavathi) in Criminal Miscellaneous No.146/2025 is hereby set aside. The respondent – Police or any other Police in the State of Karnataka are directed to release the appellants in the event of their arrest in Crime No.159/2025 registered by Karatagi Police Station, Koppal District, for offences punishable under Sections 3(1)(r), 3(1)(s), 3(1)(w), 3(2)(va) of SC & ST (Prevention of Atrocities) Act 1989, and punishable under Sections 189(2), 191(2), 329(4), 115(2), 74, 133, 352, 351(2) r/w 190 of Bharatiya Nyaya Sanhita, 2023, subject to the following conditions: - 7 - HC-KAR NC: 2025:KHC-D:10919 CRL.A No. 100426 of 2025 i. The appellants 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/- each with two sureties for the like sum to the satisfaction of the investigating officer. ii. The appellants shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. iii. The appellants shall not tamper with the prosecution witness and they shall co-operate with the police for investigation and appear before them whenever called upon. iv. The appellants shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE VMB CT:BCK LIST NO.: 1 SL NO.: 9