- 1 - HC-KAR NC: 2025:KHC:54146 CRL.A No. 2462 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 2462 OF 2025 (U/S 14(A) (2)) BETWEEN: 1. SUHAN GARAM SHAFI S/O. GARAM SHAFI AGED ABOUT 21 YEARS R/AT NO.1-617, ASHRAYA COLONY KUMBASHI POST, KUNDAPURA TALUK UDUPI DISTRICT - 576 257. 2. SADAF G MUHAMMED S/O. SIRAJ AGED ABOUT 25 YEARS, R/AT NO. 12-126/1, SAFHAZ SADAF MANZIL, HOODE POST, TONSE WEST VILLAGE, UDUPI- 578 115. …APPELLANTS (BY SRI. LETHIF B.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY MALPE TOWN POLICE STATION, UDUPI DISTRICT, REP. BY SPP, HIGH COURT BUILDING, BANGALORE- 560 001. 2. RATHNAKARA S/O. LATE THUKRA AGED ABOUT 38 YEARS, R/AT NEAR BABU SWAMY TEMPLE PADUKUDRU, KEMMANNU POST Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54146 CRL.A No. 2462 of 2025 PADUTHONSE VILLAGE UDUPI DISTRICT - 576 115. …RESPONDENTS (BY SRI. B. LAKSHMAN, HCGP FOR R1; R2 SERVED AND UNREPRESENTED) THIS CRL.A. IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT, 2015 PRAYING TO SET ASIDE THE ORDER DATED 17.11.2025 IN CRL.MISC NO.418/2025 ON THE FILE OF THE PRL.DISTRICT AND SESSIONS JUDGE, UDUPI FOR THE OFFENCES P/U/S 352, 351(2), 118(1) R/W 3(5) OF BNS AND SECTION 3(1)(r), 3(1)(s), 3(2), 3(v-a) OF SC AND ST (PREVENTION OF ATROCITIES) ACT, 1989 OF MALPE POLICE STATION, UDUPI DISTRICT AND CONSEQUENTLY RELEASE THE APPELLANTS IN THE EVENT OF ARREST IN CRIME NO.116/2025 OF MALPE POLICE STATION UDUPI DISTRICT BY THE RESPONDENT POLICE. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT The appellants have preferred this appeal against the Order passed by the Principal District and Sessions Judge, Udupi, in Crl.Misc.No.418/2025, dated 17.11.2025. 2. Brief facts leading to this appeal are that on the basis of the complaint filed by one Rathnakara, Malpe Police has registered the case in Crime No.116/2025 against the accused Nos.1 to 3 and others for the offence and Sections 352, 351(2), - 3 - HC-KAR NC: 2025:KHC:54146 CRL.A No. 2462 of 2025 118(1) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 3. The application was filed under Section 482 of BNSS, same came to be rejected by the trial Court. Being aggrieved by this Order, the appellants have preferred this appeal. 4. Learned counsel for the appellants would submit that prior to filing this complaint the present appellant-Suhan Garam Shafi had lodged a complaint against the accused Rathnakara and others. On the basis of that complaint, the Malpe Police have registered the case in Crime No.115/2025 for the offence under Sections 189(2), 191(2), 126(2), 352, 115(2), 118(1), 351(2) and Section 190 of Bharatiya Nyaya Sanhita, 2023. After filing this complaint as a counter case, the present complainant had lodged a complaint against these appellants. On the basis of that complaint, Malpe Police have registered the case in Crime No.116/2025 against the present appellants and others for the commission of offence under Sections 352, 351(2), 118(1) of Bharatiya Nyaya Sanhita, 2023 - 4 - HC-KAR NC: 2025:KHC:54146 CRL.A No. 2462 of 2025 and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. 5. A perusal of the contents of FIR pertaining to Crime Nos.115 and 116/2025, reveals that the alleged incident are pertaining to same incident that took place on 28.10.2025 at 18.30 hours. In the complaint filed by Rathnakara, it does not reveal that the accused has abused the accused by referring to his caste. The delay in filing the complaint will create reasonable doubt as to the alleged incident. At this stage, there is no prima facie case to constitute the offence under the penal provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Hence, there is no bar to grant anticipatory bail as the other offences are not punishable with death or imprisonment for life and they are exclusively trialable by the Court of Magistrate. The other commission of alleged offence are punishable with only 3 years imprisonment. 6. Considering the nature and gravity of the offence, antecedents of the appellants and case and counter case - 5 - HC-KAR NC: 2025:KHC:54146 CRL.A No. 2462 of 2025 registered by the concerned Police, I proceed to pass the following: ORDER (i). Appeal is allowed. (ii). The order passed by the Principal District and Sessions Judge, Udupi, in Crl.Misc.No.418/2025, dated 17.11.2025 is set aside. (iii). Consequently, application filed under Section 482 of BNSS, 2023 is allowed. (iv). The accused/appellants shall be released on bail on executing the self bond for a sum of Rs.50,000/- each with one surety for the likesum to the satisfaction of the Investigating Officer in the event of his arrest in Crime No.116/2025 of Malpe Police Station. (v). The accused/appellants shall assist Investigating Officer for investigation. - 6 - HC-KAR NC: 2025:KHC:54146 CRL.A No. 2462 of 2025 (vi). The appellant shall not tamper or threaten the prosecution witnesses in any manner and shall not indulge in similar offences. (vii). The Registry is directed to send the copy of this order to trial Court. Sd/- (G BASAVARAJA) JUDGE RL List No.: 1 Sl No.: 10