- 1 - HC-KAR NC: 2025:KHC:49568 CRL.A No. 2051 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 2051 OF 2025 (U/S 14(A) (2)) BETWEEN: SRI BHEEMARAJ B. S/O. LATE BASAVARAJU, AGED ABOUT 35 YEARS, RESIDING AT PRASHANTH NAGAR, CHIKKABALLAPURA TOWN-562101. PERMANENTLY RESIDING AT: GEJJALANATHA VILLAGE, KOLLEGALA TALUK, CHAMARAJANAGAR DISTRICT-571444. (IN JUDICIAL CUSTODY) …APPELLANT (BY SRI. LOKESH R., ADV.) AND: 1. STATE OF KARNATAKA CHIKKABALLAPURA WOMEN POLICE STATION, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU-560001. 2. VICTIM D/O ANANDHKUMAR, AGED ABOUT 22 YEARS, R/AT NBC PG, NEAR MARALUSIDDESHWARA TEMPLE, CHIKKABALLAPURA - 562101. Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49568 CRL.A No. 2051 of 2025 ALSO AT KOTE. #197/2, WARD NO.4, KODHANDARAMA SWAMY TEMPLE ROAD, GOWRIBIDANURU TOWN, CHIKKABALLAPURA, PIN CODE - 562108. …RESPONDENTS (BY SRI. B. LAKSHMAN, HCGP FOR R1, SMT. DEEPIKA HUNGENAHALLY, ADV. FOR R2.) THIS CRL.A. IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT, 2015 PRAYING TO SET ASIDE THE ORDER DATED 12.09.2025 REJECTING THE BAIL APPLICATION OF THE APPELLANT IN SPL.S.C.NO.109/2025 (CR.NO.63/2025) FOR OFFENCES P/U/S. 64, 351(2) OF BNSS, 2023 AND SEC.3(1)(r)(s)(w), 3(2)(v) OF SC AND ST (PREVENTION OF ATROCITIES AMENDMENT) ACT 2015, ON THE FILE OF THE I ADDL. DISTRICT AND SESSIONS JUDGE AT CHIKKABALLAPURA. THIS APPEAL, COMING ON FOR ARGUMENTS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT 1. This appeal by the applicant is against the order dated 12th September 2025 passed in Spl.SC No.109 of 2025, by the I Additional District & Sessions Judge, Chikkaballapura for short “the trial Court”). 2. Brief facts leading to this appeal are that, on the basis of complaint filed by victim, Chikkaballapura Women Police Station filed case in Crime No.63 of 2025 for offence - 3 - HC-KAR NC: 2025:KHC:49568 CRL.A No. 2051 of 2025 punishable under sections 64, 351(2) of BNS and sections 3(1)(r), 3(1)(s), 3(1)(w) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The investigating officer arrested the accused and produced before the court and he was recommended to judicial custody. After investigation, investigating officer submitted charge-sheet against the accused for commission of offences punishable under sections 64, 351(2) of BNS and sections 3(1)(r), 3(1)(s) 3(1)(w) and 3(2)(v) of the SC/ST (PoA) Act. The accused had filed application under Section 483 of BNSS 2023 for grant of regular bail. The same came to be rejected. Being aggrieved by the rejection of bail application, the appellant has preferred this appeal. 3. Smt. Deepika Hungenahalli, learned Counsel for respondent No.2 has filed statement of objections. 4. Shri Lokesh R, learned Counsel appearing for the appellant would submit that appellant has not committed any offence as alleged by the prosecution. There is no forcible sexual assault on the victim as alleged by the prosecution. The age of 22 years. She is a B.Sc. graduate. There is a delay of - 4 - HC-KAR NC: 2025:KHC:49568 CRL.A No. 2051 of 2025 62 days in filing the complaint which is not properly explained by the prosecution. The complainant is well-educated and also an UPSC aspirant who had sufficient legal awareness and opportunity to immediately report the incident, but had deliberately delayed the lodging of complaint, which casts serious doubt on the authenticity of the claim made by the complainant. The offences are not punishable with death or imprisonment for life. Investigation is already completed. Accused is not required for further investigation. Accused is in judicial custody for more than four months and the accused is ready to abide by the conditions imposed by this court. On all these grounds, it is sought for allowing the appeal. To substantiate his arguments, he has relied on the following judgments: (1). PRAVEEN V. SHO, DODDABALLAPURA POLICE AND ANOTHER - CRL.APPEAL NO.1809 OF 2025 DECIDED ON 10TH NOV 2025; (2). RUPESH THUKARAM KONDHELKAR V. STATE OF MAHARASHTRA AND ANOTHER - BAIL APPLICATION NO.4504 OF 2024 DECIDED ON 23RD APRIL, 2025; - 5 - HC-KAR NC: 2025:KHC:49568 CRL.A No. 2051 of 2025 (3). ANKITH RAJ V. SATE OF NCT OF DELHI AND OTHERS - 2025 SCC ONLINE DEL.5894; (4). JUNEDH PASHA @ REEHAL V. STATE OF KARNATAKA AND ANOTHER RENDERED IN CRIMINAL PETITION NO.13313 OF 2025 DECIDED ON 12TH NOV 2025; (5). SAMPRAS A V. STATE OF KARNATAKA RENDERED IN CRIMINAL PETITION NO.10497 OF 2024 DECIDED ON 14TH OCTOBER, 2024; (6). SAMPRAS ANTHONY V. STATE OF KARNATAKA AND ANOTHER RENDERED IN WRIT PETITION NO.31144 OF 2024 DECIDED ON 25TH OCT 2025; (7). NATHU V. STATE THROUGH MR. SUNIL KUMAR GAUTAM APP FOR STATE CRL.A. 242 OF 2023 AND CRL.M.(BAIL) 2172 F 2024 DT. 20TH MARCH 2025. 5. As against this, Smt. Deepa Hunagenahalli, learned Counsel appearing for respondent No.2 and Sri B Lakshman, learned High Court Government Pleader appearing for respondent-State, have reiterated the averments made in the statement of objections. Learned High Court Government Pleader, would further submit that now the investigating officer - 6 - HC-KAR NC: 2025:KHC:49568 CRL.A No. 2051 of 2025 has received the DNA report which reveals that the accused is the biological father of the fetus. In support of her contentions, the learned counsel for the respondent No.2 has relied on the following decisions: (1). SYED PARVEEZ MUSHRAFF V. STATE OF KARNATAKA BY MAHADEVAPURA PS - 2025 SCC ONLINE KAR 19567; (2). RAVI V. STATE (GOVT. OF NCT OF DELHI) AND ANOTHER - 2024 SCC ONLINE Del 106. 6. I have examined the materials place before this court. On the basis of complaint filed by the complainant, Chikkaballapura Women, police registered a case in Crime No.25 of 2025 against the accused for offence punishable under Sections 64, 351(2) of BNS and sections 3(1)(r), 3(1)(s), 3(1)(w) and 3(2)(v) of SC/ST (PoA) Act. The alleged incident took place on 30th April 2025. Complaint came to be filed on 30th June 2025. There is a considerable delay in filing the complaint. Victim is aged about 22 years and she is well educated as well as UPSC aspirant. The investigation is already completed and the accused is not required for further investigation. The offence under section 64 of BNSS 2023, - 7 - HC-KAR NC: 2025:KHC:49568 CRL.A No. 2051 of 2025 specifies the punishment for not less than ten years extending upto to life imprisonment, along with fine. Considering the facts and circumstances of the case and the nature and gravity of offence and the age of the victim, I am of the considered opinion that it is just proper to allow the appeal. Accordingly, I pass the following: O R D E R i. Appeal is allowed; ii. Order dated 12th September 2025 passed in Spl.SC No.109 of 2025 by the I Additional District & Sessions Judge, Chikkaballapura is set aside. Consequently, the Application filed by the appellant under Section 483 of BNSS, 2023 is allowed on following conditions: a. The appellant shall be released on bail upon executing a self-bond for Rs.1,00,000/- with one surety for the likesum to the satisfaction of the trial Court; - 8 - HC-KAR NC: 2025:KHC:49568 CRL.A No. 2051 of 2025 b. Appellant shall not tamper or threaten the prosecution witnesses in any manner; c. Appellant shall appear before the trial Court on all date of hearing. Sd/- (G BASAVARAJA) JUDGE lnn List No.: 1 Sl No.: 39