Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:27925 CRL.A No. 1374 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA CRIMINAL APPEAL NO. 1374 OF 2025 (U/S 14(A) (2)) BETWEEN:
MAHESHA K.C.
S/O CHIKKA KULLA NINGAIAH, AGED ABOUT 40 YEARS, R/O SOONAGAHALLI VILLAGE, KOTHATHI HOBLI, MANDYA TALUK MANDYA DISTRICT - 571401 …APPELLANT (BY SRI. SHANKAR H.S., ADVOCATE) AND:
1.
THE STATE OF KARNATAKA REP. BY MYSURU SOUTH POLICE MYSURU DISTRICT REP. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560 001
2.
VIJAYKUMAR S S/O SIDDAPPA AGED ABOUT 38 YEARS RESIDENT OF BANDIPLAYA VILLAGE, ASHRAMA POST MYSURU TALUK - 570 001 …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1 R2 - SD)
THIS CRL.A. IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT, 2015 PRAYING TO SETTING ASIDE THE ORDER IN CRL.MISC.NO.864/2025 DATED 23.6.2025 PASSED BY THE HONBLE VI ADDL.DIST. AND
Digitally signed by SWAPNA V Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:27925 CRL.A No. 1374 of 2025
SPECIAL JUDGE AT MYSURU AND ENLARGE THE APPELLANT ON ANTICIPATORY BAIL IN CASE OF HIS ARREST IN CONNECTION WITH CR.NO131/2025 OF MYSURU SOUTH P.S, REGISTERED FOR THE O/P 352 OF BNS AND SECTION 3(1)(R)(S) OF SC AND ST (POA) ACT, 1989 PENDING ON THE FILE OF THE VI ADDL.DIST. AND (SESSIONS) SPECIAL JUDGE MYSURU.
THIS CRL.A., COMING ON FOR ADMISSION, 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 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as ‘the SC/ST Act’ for short) in the event of his arrest in Crime No.131/2025 of Mysuru South Police Station, pending before the learned VI Additional District and Special Judge, Mysuru, registered for the offences punishable under Sections 352 of BNS and under Section 3(1)(r)(s) of the SC/ST Act, on the basis of the first information lodged by informant - Vijayakumar.
2. Heard Sri Shankar H.S. learned counsel for the appellant and Smt. Rashmi Jadhav, learned Additional SPP for respondent No.1-State. Perused the materials on record.
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HC-KAR NC: 2025:KHC:27925 CRL.A No. 1374 of 2025
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 appellants are entitled for grant of bail under Section 14A(2) of SC/ST (Prevention of Atrocities) Act, 1989?” My answer to the above point is in ‘Negative’ for the following:
R E A S O N S
4. The first information came to be filed by the informant against the accused alleging commission of the offence punishable under Section 352 of BNS and Section 3(1)(r)(s) of the SC/ST Act. The first information lodged by the informant discloses that, the accused has posted a message on facebook referring to one Sri. Priyank Karge, the Minister for Rural Development and Panchayati Raj, who belongs to Schedule Caste. The content of the post is not in good taste to be reproduced. Even if such words are used for any other person who may be belonging to upper caste may not be entitled for the relief of anticipatory bail, as it has become a
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HC-KAR NC: 2025:KHC:27925 CRL.A No. 1374 of 2025
social evil as the person will think that they can post anything and everything on social media comfortably sitting in their place without being accountable. Therefore, I am of the opinion, that the appellant is not entitled for grant of anticipatory bail.
5. Accordingly, I answer the above point in the negative and proceed to pass the following:
ORDER The appeal is dismissed. Sd/- (M G UMA) JUDGE
SPV CT:VS List No.: 1 Sl No.: 22