- 1 - HC-KAR NC: 2025:KHC:26422 CRL.A No. 1268 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA CRIMINAL APPEAL NO. 1268 OF 2025 (U/S 14(A) (2)) BETWEEN: SURESH @ SURESHKUMAR .H., S/O HANSARAM, AGED ABOUT 34 YEARS, OCC: COOOLIE WORK, R/O BASAVESHWARANAGARA 11TH CROSS, BEHIND POLICE QUARTERS, CHANNGIRI TOWN, CHANNAGIRI DAVANAGERE DISTRICT - 577 213 …APPELLANT (BY SRI. P.B., UMESH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY CHANNAGIRI POLICE STATION, CHANNAGIRI SUB-DIVISION, DAVANAGERE DISTRICT - 577 213 (REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU - 560 001) 2. SHRI. P. RANGASWAMY S/O PAKIRAPPA, AGED ABOUT 36 YEARS, OCC: LABOURER, R/O MACHANAYAKANAHALLI VILLAGE, CHANNAGIRI TALUK DAVANAGERE DISTRICT - 577 213 …RESPONDENTS (BY SRI. HARISH GANAPATHY, HCGP FOR R1 R2 -SD) Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:26422 CRL.A No. 1268 of 2025 THIS CRL.A. IS FILED U/S.14(A) (2) OF SC/ST (POA) ACT, 2015 PRAYING TO SET ASIDE THE ORDER DATED 04.06.2025 IN CRL.MISC.NO.514/2025 PASSED BY THE 2ND ADDL. DISTRICT AND SESSIONS JUDGE, DAVANAGERE CONSEQUENTLY DIRECT THE CONCERNED POLICE OF CHANNAGIRI POLICE STATION, CHANNAGIRI SUB DIVISION DAVANAGERE DISTRICT TO ENLARGE THE APPELLANT / ACCUSED ON BAIL IN CRIME NO.302/2025 OF CHANNAGIRI POLICE STATION CHANNAGIRI SUB DIVISION DAVANAGERE DISTRICT (REGISTERED FOR THE OFFENCE P/U/S 352 OF BNS 2023 (CORRESPONDING PROVISION SEC.504 OF IPC) AND SEC.3(1)(R), 3(1)(V) OF SC/ST (POA) ACT 1989 IN THE EVENT OF HIS ARREST WITH SUCH CONDITIONS WHICH THIS HONBLE HIGH COURT DEEMS FITS TO BE IMPOSED IN THE CIRCUMSTANCE OF THE CASE. THIS CRL.A., COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M G UMA ORAL JUDGMENT The appellant - accused is before this Court seeking grant of bail under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as ‘the SC/ST (POA) Act’ for short) in the event of his arrest in Crime No.302/2025 of Channagiri Police Station registered for the offences punishable under Section 352 of Bharatiya Nyaya Sanhita (for short 'BNS') and - 3 - HC-KAR NC: 2025:KHC:26422 CRL.A No. 1268 of 2025 Section 3(1)(r), 3(1)(v) of the SC/ST (POA) Act on the basis of the first information lodged by informant -P. Rangaswamy. 2. Heard Sri. P.B.Umesh, learned Counsel for the appellant and Sri. Harish Ganapathy, learned High Court Government Pleader for the respondent No.1-State. Perused the materials on record. 3. In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is: “Whether the appellant is entitled for grant of bail under Section 14-A(2) of SC/ST (Prevention of Atrocities) Act, 1989?” My answer to the above point is in ‘Affirmative’ for the following: R E A S O N S 4. Respondent No.2 being the informant filed the first information against the appellant herein alleging that the accused being the owner of the hotel, questioned the informant as to the greatness of Dr.B.R.Ambedkar and why informant and others belonging to Madiga community are performing his - 4 - HC-KAR NC: 2025:KHC:26422 CRL.A No. 1268 of 2025 pooja. Therefore, it is stated that the accused has committed the offence under the provisions of BNS as well as SC/ST Act. The allegations against the appellant for having humiliated Dr.B.R.Ambedkar, prima-facie do not attract the provisions of the SC/ST Act. 5. It is not the contention of the prosecution that the appellant is required for custodial interrogation. The nature of allegation does not require such interrogation. Therefore, I am of the opinion, that the appellant may be granted anticipatory bail subject to conditions which will take care of the interest of the prosecution as well as interest of the complainant and the witnesses. 6. Accordingly, I answer the above point in the affirmative and proceed to pass the following: ORDER The appeal is allowed. The appellant is ordered to be enlarged on bail in the event of his arrest in Crime No.302/2025 of Channagiri Police Station. - 5 - HC-KAR NC: 2025:KHC:26422 CRL.A No. 1268 of 2025 The appellant is directed to appear before the Investigating Officer within 15 days from the date of receipt of this order and on his appearance, the Investigating Officer shall enlarge him on bail subject to the following conditions:- a. The appellant shall furnish the bond in a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the Investigating Officer; b. The appellant shall not commit similar offences; c. The appellant shall appear before the Investigating Officer or the court as and when required; and d. The appellant shall not threaten or tamper the prosecution witnesses. On furnishing the sureties by the appellant, the Investigating Officer is at liberty to verify the correctness of the addresses and authenticity of the documents furnished by him. On satisfaction of the said documents, he may proceed to accept the sureties within a reasonable time. Sd/- (M G UMA) JUDGE BH CT:VS: List No.: 1 Sl No.: 6