- 1 - HC-KAR NC: 2025:KHC-D:10848 CRL.A No. 100500 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL APPEAL NO. 100500 OF 2025 (U/S 14 A(2) OF SC AND ST ACT) BETWEEN: SMT. BHAVYA W/O PRADEEP, AGE. 36 YEARS, OCC. HOUSEHOLD, R/O. 5TH CROSS, 1ST MAIN, BEHIND-560 094, BIG BAZAR, MARUTI NAGAR, BHADRAPPA LAYOUT, BENGALURU. … APPELLANT (BY SRI. NEELENDRA D. GUNDE, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY KANAKAGIRI POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580 001. 2. SRI. NIRUPADI S/O GANGAPPA CHALUVADI, AGE. 24 YEARS, OCC. COOLIE, R/O. MAVINBHAVI-584 122, TQ. LINGASUGURU, DIST. RAICHUR. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14A(2) OF SC/ST ACT PRAYING TO SET ASIDE THE ORDER DATED 25.07.2025 PASSED BY ADDL. DISTRICT AND SESSIONS JUDGE KOPPAL (SITTING AT GANGAVATHI) IN CRL. MISC. NO.179/2025 AND GRANT BAIL TO THE APPELLANT IN CRIME NO.70/2025 REGISTERED WITH KANAKAGIRI P.S. FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 109, 124(1) OF BNS AND SECTION 3(2)(VA) OF SC/ST ACT, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10848 CRL.A No. 100500 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Accused in Crime No.70/2025 registered by Kanakagiri Police Station, for the offences punishable under Sections 109, 124(1) of BNS and Section 3(2)(va) of SC/ST Act is before this Court under Section 14A(2) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 seeking regular bail. 2. Heard learned counsel for the parties. 3. FIR in Crime No.70 of 2025 was registered by Kanakagiri Police Station initially for the offences punishable under Section 124(1) of BNS, 2023 against the appellant herein based on the first information dated 30.04.2025 received from respondent No.2, who is the injured victim in the present case. During the course of investigation, appellant was arrested on 28.06.2025 and subsequently remanded to judicial custody. Her bail application filed before the jurisdictional Sessions Court in Crl.Misc. - 3 - HC-KAR NC: 2025:KHC-D:10848 CRL.A No. 100500 of 2025 No.179/2025 was rejected on 25.07.2025. Therefore, she is before this Court in this appeal. 4. Learned counsel for the appellant submits that appellant is a married lady and she is in custody for the last two months. Investigation of the case is completed and charge sheet has been filed. The incident in question had taken place after the victim who had illicit relationship with the appellant had refused to marry her. Accordingly, she prays to allow the appeal. 5. Per contra, learned HCGP has opposed the prayer made in the appeal. She submits that the injured victim has suffered grievous injury as a result of the act committed by the appellant. She accordingly prays to dismiss the appeal. 6. Perusal of the material on record would go to show that the appellant is a married lady. It appears that the victim had illicit relationship with the appellant and after coming to know about the same, husband of the appellant had earlier assaulted the victim and in this regard, FIR was - 4 - HC-KAR NC: 2025:KHC-D:10848 CRL.A No. 100500 of 2025 registered in Crime No.9 of 2024 by Sanjayanagar Police Station, Bangalore, for offences punishable under Sections 307, 504, 506 of IPC. In spite of the same, it appears that the victim had continued his illicit relationship with the appellant. 7. In the first information submitted in the present case, it is alleged that on 27.04.2025, appellant had asked the victim to come to Kanakagiri. Accordingly, victim had gone to Kanakagiri in his motorbike and thereafter, he and the appellant went to a temple and had drinks. Subsequently, they stayed in Sai Lodge near the temple at Kanakagiri. It is alleged that the appellant informed the victim that she intends to divorce her husband and marry the victim. The victim allegedly rejected the said proposal on the ground that the appellant was elder to him. Thereafter, the appellant and the victim had fought against each other and it is alleged that the appellant had poured certain liquid on the victim and as a result, he had suffered injuries on his stomach, thigh, hands etc. and thereafter, he - 5 - HC-KAR NC: 2025:KHC-D:10848 CRL.A No. 100500 of 2025 was admitted in a government hospital at Raichur. In respect of the alleged incident that had taken place on the intervening night of 27.04.2025 and 28.04.2025, first information belatedly submitted on 30.04.2025. The appellant who is a married lady aged about 36 years, is in custody from 28.06.2025 onwards. Investigation of the case is already completed and charge sheet has been filed. Considering the background in which the incident is question had taken place and also having regard to the proviso to Section 480 of BNSS 2023, I am of the opinion that the prayer sought by the appellant who is a married lady for grant of regular bail is to be answered in the affirmative. Accordingly, the following: ORDER i. Criminal Appeal is allowed. ii. The order dated 25.07.2025 passed by the Additional District and Sessions Judge, Koppal (sitting at Gangavathi) in Crl.Misc. No.179/2025 is hereby set aside and the appellant is directed - 6 - HC-KAR NC: 2025:KHC-D:10848 CRL.A No. 100500 of 2025 to be enlarged on bail, subject to the following conditions: a. The appellant shall execute personal bond for a sum of Rs.1,00,000/- with 2 sureties for the likesum to the satisfaction of the jurisdictional Court; b. The appellant shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c. The appellant shall not directly or indirectly threaten or tamper with the prosecution witnesses; d. The appellant shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE VMB CT:BCK LIST NO.: 1 SL NO.: 17