- 1 - HC-KAR NC: 2025:KHC:51215 CRL.A No. 2311 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 2311 OF 2025 (U/S 14(A) (2)) BETWEEN: 1. SRI. RAHUL. M S/O MANJUNATH, AGED ABOUT 22 YEARS, NO.9, SRI SAI SAMRUDHI APARTMENT, SRINIVASAPURA, YELAHANKA, BANGALORE - 560 064. AADHAR NO.2175 0063 8930. 2. SRI. RAKESH M S/O MANJUNATH, AGED ABOUT 20 YEARS, NO.9, SRI SAI SAMRUDHI APARTMENT, SRINIVSAPURA, YELAHANKA, BANGALORE - 560 064. AADHAR NO.2591 6701 0215. 3. SRI. MANJUNATH R S/O RAMACHANDRAPPA, AGED ABOUT 51 YEARS, NO.9, SRI SAI SAMRUDHI APARTMENT, SRINIVSAPURA, YELAHANKA, BANGALORE - 560 064. AADHAR NO.8850 1242 3473. …APPELLANTS (BY SRI. T S VENKATESH, ADVOCATE) Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51215 CRL.A No. 2311 of 2025 AND: 1. THE STATE OF KARNATAKA BY THE SUB-INSPECTOR OF POLICE, YELAHANKA POLICE STATION, YELAHANKA SUB-DIVISION, BANGALORE CITY - 560 064. REPRESENTED BY SPP HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BENGALURU - 560 001. 2. SRI. PRAJWAL S/O PRABHAKAR, AGED ABOUT 21 YEARS, SJ LAYOUT, OPP HEMANNASWAMY TEMPLE, BALAJI LAYOUT, SRINIVASAPURA, YELAHANKA - 560 064. …RESPONDENTS (BY SRI. B.LAKSHMAN, HCGP FOR R1; R2-SERVED, UNREPRESENTED) THIS CRL.A IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT 1989 PRAYING TO SET ASIDE THE ORDER DTD 15.02.2025 IN CRL.MISC.NO.378/2025 PASSED BY THE HON'BLE LXX ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE, BENGALURU (CCH-71) AND TO DIRECT THE 1st RESPONDENT POLICE TO RELEASE THE APPELLANT ON BAIL IN THE EVENT OF ARREST OF APPELLANT IN CR.NO.6/2025 DTD 08.01.2025, ON THE FILE OF THE HON'BLE LXX ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE, BENGALURU (CCH-71) FOR THE OFFENCE P/U/S 115(2), 118(1), 352, 3(5) OF BNS, 2023, U/S 3(1)(r), 3(1)(s), 3(2)(5a) OF SC/ST (POA) ACT AGAINST THE APPELLANT HE MAY BE RELEASE ON BAIL. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:51215 CRL.A No. 2311 of 2025 CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT 1. It is submitted by learned HCGP that notice is duly served on respondent No.2. Respondent No.2 called out, remained absent and unrepresented. 2. The appellants have preferred this appeal against the order passed by the LXX Additional City Civil and Sessions Judge and Special Judge, Bengaluru, in Criminal Miscellaneous No. 378/2025 dated 15.02.2025. 3. The brief facts leading to this appeal are that, on the basis of the complaint filed by Prajwal, Yelahanka Police have registered the case in Crime No.6/2025 against the accused Nos.1 to 5 for the offences punishable under Section 3(1)(r), 3(1)(s), 3(2)(5a) of SC & SC (Prevention of Atrocities) Amendment, Act 2014 and Section 115(2), 118(1), 352, 3(5) of Bharatiya Nyaya Sanhita, 2023. - 4 - HC-KAR NC: 2025:KHC:51215 CRL.A No. 2311 of 2025 4. The appellant Nos.1 to 3 have filed application before the trial Court under Section 482 of BNSS. Same came to be rejected on 15.02.2025. Being aggrieved by the said order, the appellants have preferred this appeal. 5. The learned counsel for the appellants would submit that the injured person Prajwal has already discharged from the hospital on the date of the admission itself. To substantiate the same, he has produced the medical certificate issued by Amrut Hospital. Further, he would submit that absolutely there are no materials to constitute the penal provisions under SC & SC (POA) Act, 1989. 6. It is submitted by the appellants' counsel that even after lapse of more than 10 months, the IO has not submitted the chargesheet and sought for allowing this appeal. 7. I have examined the materials placed before this Court. - 5 - HC-KAR NC: 2025:KHC:51215 CRL.A No. 2311 of 2025 8. On the basis of complaint filed by one Prajwal, Yelahanka Police have registered the case in Crime No.6/2025 against accused Nos. 1 to 5, for the commission of offences under Sections 3(1)(r), 3(1)(s), 3(2)(5a) of SC & SC (Prevention of Atrocities) Amendment, Act 2014 and Section 115(2), 118(1), 352, 3(5) of Bharatiya Nyaya Sanhita, 2023. 9. It is submitted by learned counsel for appellants that, accused No.5- Ravikumar, has already obtained bail from the Co-ordinate Bench of this Court in Criminal Appeal No.643/2025 dated 22.04.2025. While granting bail, the Co-ordinate Bench of this Court in Criminal Appeal No.643/2025 has observed as under: "4. Having heard learned counsel for the appellant and the learned High Court Government Pleader for the respondent No.1-State and also having taken note of the contents of the complaint, this Court has to take note of the material on record, particularly when anticipatory bail is sought, this Court has to look into the contents of the complaint. Having perused the same, except stating that this - 6 - HC-KAR NC: 2025:KHC:51215 CRL.A No. 2311 of 2025 appellant was called to spot over phone and making allegation that he also assaulted along with other accused, an omnibus statement is made that assaulted his hands and legs, no specific overt act allegation When such being the material on against this appellant. record, no doubt, there is a bar under Section 18A of the Special Act in granting anticipatory bail and unless there is specific overt act allegation and specifically abuse is made by taking caste name with an intention to humiliate the complainant in a public place, the bar will not come in the way of entertaining the petition granting anticipatory bail in view of the judgment of the Apex Court in PRATHVI RAJ CHAUHAN v. UNION OF INDIA reported in AIR 2020 SC 1036. Hence, it is a fit case to exercise the discretion in favour of the appellant imposing conditions to safeguard the interest of the prosecution." In view of aforesaid finding, the Co-ordinate Bench of this Court has allowed the said criminal appeal. 10. Considering the nature and gravity of offences and also principle of parity, it is just and proper to allow this appeal. Accordingly, I proceed to pass the following: - 7 - HC-KAR NC: 2025:KHC:51215 CRL.A No. 2311 of 2025 ORDER (i) The Appeal is allowed. Consequently, the appellants shall be released on bail in the event of their arrest in connection with Crime No.6/2025 registered by Yelahanka Police Station, Yelahanka Sub-Division, for the offences punishable under Sections 3(1)(r), 3(1)(s) and 3(2)(5a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance 2014 and Sections 115(2), 118(1), 352 and 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023, subject to the following conditions:- (i) The appellants shall surrender themselves before the Investigating Officer within ten days from the date of receipt of a certified copy of this order and each shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the like-sum to the satisfaction of the concerned Investigating Officer. - 8 - HC-KAR NC: 2025:KHC:51215 CRL.A No. 2311 of 2025 (ii) The appellants shall not indulge in hampering the investigation or tampering the prosecution witnesses. (iii) The appellants shall co-operate with the Investigating Officer to complete the investigation and they shall appear before the Investigating Officer, as and when called for. (iv) The appellants shall not leave the jurisdiction of the Investigating Officer without prior permission till the charge-sheet is filed or for a period of three months, whichever is earlier. (v) The appellants shall mark their attendance once in a month i.e., on 30th of every month between 10.00 a.m. and 5.00 p.m., before the Investigating Officer for a period of three months or till the charge-sheet is filed, whichever is earlier. Sd/- (G BASAVARAJA) JUDGE tsn* List No.: 1 Sl No.: 12