- 1 - HC-KAR NC: 2025:KHC:45434 CRL.A No. 2086 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 2086 OF 2025 (U/S 14(A) (2)) BETWEEN: SRI YASHASWI I AGED ABOUT 27 YEARS S/O INDRAKUMAR T R/AT NEAR MALE FACTORY CIRCLE, NEAR SRIDEVI COLLEGE, SIRA ROAD, LINGAPURA EXTENSION, TUMAKURU CITY, TUMAKURU DISTRICT-572102. …APPELLANT (BY SRI. VIVEK S. REDDY, SR. COUNSEL FOR SRI. M. R. NAGABHUSHANA., ADV.) AND: 1. STATE BY WOMEN POLICE STATION TUMAKURU CITY, TUMAKURU DISTRICT-572 102 (REPT. BY STATION HOUSE OFFICER) 2. SMT. SHYLAJA B. S. AGED ABOUT 27 YEARS, D/O SIDDAIAH R/AT BYCHAPURA VILLAGE, GULUR HOBLI, TUMAKURU TALUK-572 118 TUMAKURU DISTRICT. …RESPONDENTS (BY MS. ASMA KAUSER, ADDL SPP. FOR R1, SRI. SURYA MUKUNDARAJ L., ADV. FOR R2.) Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45434 CRL.A No. 2086 of 2025 THIS CRL.A. IS FILED U/S.14(A) (2) OF SC/ST (POA) ACT, 2015 PRAYING TO GRANT ANTICIPATORY BAIL BY DIRECTING THE 1ST RESPONDENT POLICE TO ENLARGE HIM ON BAIL IN THE EVENT OF ARREST IN CONNECTION WITH CR.NO.174/2025 P/U/S. 85, 82(1), 115(2), 351(2), 352, 3(5) OF BNS, 2023 AND U/S. 3(1)(r)(s) AND 3(2)(va) OF SCHEDULE CASTS AND SCHEDULE TRIBES (PREVENTION OF ATROCITIES) ACT, PENDING ON THE FILE OF THE HON'BLE 3RD ADDL. DISTRICT AND SESSIONS JUDGE AT TUMAKURU. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT 1. The appellant who is accused No.1 before the trial Court has preferred this appeal against the order passed by the III Additional District and Sessions Judge, Tumakuru (for short 'the trial Court') in Crl.Misc.No.1302/2025 dated 11.09.2025. 2. For the sake of convenience, the parties are referred to same rank and status before the trial Court. 3. The brief facts leading to this appeal are that, on the basis of complaint filed by Shylaja B.S., Women Police Station, Tumakuru, registered the case in Crime - 3 - HC-KAR NC: 2025:KHC:45434 CRL.A No. 2086 of 2025 No.174/2025 against accused Nos.1 to 3 for the commission of offence punishable under sections 85, 82(1), 115(2), 351(2), 352, 3(5) of BNS 2023, section 66(E) of the Information Technology Act, 2008 and sections 3(1)(r), 3(1)(s), 3(2)(va) of the SC & ST (Prevention of Atrocities) Amendment Act, 2015. 4. All three accused filed application under Section 482 of BNSS 2023. Same was partly allowed. The trial Court has rejected the anticipatory bail application of petitioner No.1/appellant and allowed the anticipatory bail applications filed on behalf of petitioner Nos.2 and 3 who are accused 2 and 3. Being aggrieved by this order, the appellant who is accused No.1, has preferred this appeal. 5. Respondent No.2 appeared through her counsel and filed statement of objections contending that in view of section 18 of SC & ST (POA) Act, 1989, the application filed under Section 482 of BNSS 2023 is not maintainable. There are prima facie materials to attract the alleged - 4 - HC-KAR NC: 2025:KHC:45434 CRL.A No. 2086 of 2025 commission of offences. Further he has narrated the facts of the case. It is also submitted that the custodial interrogation of the appellant is required. On all these grounds, it is sought for rejection of this bail application. 6. I have examined the materials placed before this Court. The trial Court has granted anticipatory bail to accused 2 and 3. On perusal of complaint, it is crystal clear that the father of the accused No.1-Indrakumar.T has abused the victim by referring to her caste. At this stage, absolutely there are no accusation against accused No.1 that he has abused the victim by referring to her caste. Therefore, at this stage, there are no prima facie materials to attract the alleged commission of offences punishable under the provisions of SC & ST (POA) Act. Sofar as the other offences are concerned, same are not punishable with death or imprisonment for life. The Investigating Officer has not issued the notice under Section 35 of BNSS, 2023. If really the accused No.1 is required for custodial interrogation, the Investigating - 5 - HC-KAR NC: 2025:KHC:45434 CRL.A No. 2086 of 2025 Officer would have complied the mandatory provisions of Section 35 of BNSS, 2023. Apart from this, even after lapse of 60 days, the Investigating Officer has not submitted the final report as required under Sub-rule (2) of Rule 7 of the SC & ST (POA) Rules, 1995. It is not in dispute that the trial Court has already granted anticipatory bail to accused 2 & 3. In view of principle of parity also, the accused No.1 is entitled for anticipatory bail as sought for. Accordingly, I proceed to pass the following: O R D E R (i) The Criminal Appeal is allowed. (ii) The order dated 11.09.2025 in Crl.Misc.No.1302/2025 passed by the III Additional District and Sessions Judge, Tumakuru, against this appellant/accused No.1, is set aside. Consequently, application filed by accused No.1 under Section 482 of BNSS, 2023 is allowed subject to following conditions: - 6 - HC-KAR NC: 2025:KHC:45434 CRL.A No. 2086 of 2025 (a) The appellant/accused No.1 shall be released on bail on executing self-bond of Rs.1,00,000/- with one surety for likesum to the satisfaction of the Investigating Officer / concerned Court in the event of his arrest in Crime No.174/2025 of Tumakuru Women Police Station. (b) The appellant/accused No.1 shall not tamper or threaten the prosecution witnesses in any manner. (c) The appellant/accused No.1 shall not leave the jurisdiction of the trial Court till filing of final report. (d) The appellant/accused No.1 shall assist the Investigating Officer for investigation. Sd/- (G BASAVARAJA) JUDGE DHA List No.: 1 Sl No.: 30