- 1 - HC-KAR NC: 2025:KHC:41485 CRL.A No. 1563 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 1563 OF 2025 BETWEEN: KANAKE GOWDA S T S/O H. THIMMAPPA, AGED ABOUT 47 YEARS, OCC: AUTO DRIVER, R/O VIDYANAGARA, SHIVAMOGGA - 577 203 …APPELLANT (BY SRI. YADUNANDAN N., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY KOTE POLICE STATION, REP BY SPP, HIGH COURT BUILDING, BENGALURU - 560 001. 2. DURGAPPA S/O MARIYAPPA AGED ABOUT 45 YEARS KARLATTIKERI, VIDHYANAGAR, SHIVAMOGGA - 577 201. …RESPONDENTS (BY SRI. B.LAKSHMAN, HCGP; R2- SERVED & UNREPRESENTED) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:41485 CRL.A No. 1563 of 2025 THIS CRL.A FILED U/S 14(A)2) OF SC/ST (POA) ACT BY THE ADVOCATE FOR THE APPELLANT PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO (1) SET ASIDE THE ORDER DATED 10.07.2025 PASSED IN CRL.MISC.NO.634/2025 BY THE II ADDL.DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA (2) ENLARGE HIM ON BAIL IN THE EVENT OF ARREST FOR FIR REGISTERED IN CR.NO.117/2025 OF KOTE P.S. FOR THE OFFENCE P/U/S 351(2), 115(2), 352 R/W 3(5) OF BNS 2023 AND SEC.3(1)(r), 3(1)(s), 3(2)(va) OF SC/ST (POA) PENDING ON ADDL.DISTRICT AND SESSIONS COURT SHIVAMOGGA DISTRICT SHIVAMOGGA. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT The appellant/accused No.1 has preferred this appeal against the order passed by the I/c II Additional District and Sessions Judge, Shivamogga in Crl.Misc.No.634 of 2025 dated 10.07.2025. 2. The brief facts leading to this appeal is that, Kotte Police have registered a case against accused Nos.1 - 3 - HC-KAR NC: 2025:KHC:41485 CRL.A No. 1563 of 2025 and 2 in Crime No.117 of 2025 for the offences punishable under Sections 351(2), 115(2), 352 r/w Section 3(5) of BNS and Sections 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST (POA) Act. 3. The appellant/accused No.1-Kanake Gowda filed application under Section 482 of BNSS Act for grant of anticipatory bail, same came to be rejected by the Trial Court. Being aggrieved by this order, the appellant has preferred this appeal. 4. The learned counsel for the appellant would submit that there are no prima-facie materials to attract the alleged commission of offences under the provisions of SC/ST (POA) Act. The alleged incident took place on 15.06.2025. Complaint came to be filed on 29.06.2025, after lapse of about 14 days, the complaint is filed. The wife of the appellant, Smt.Vanita, has lodged a complaint on the same day, i.e., on 29.06.2025 against the complainant Durgappa and his son Chandan. The case is also registered against them in Crime No.119 of 2025 for - 4 - HC-KAR NC: 2025:KHC:41485 CRL.A No. 1563 of 2025 the offences punishable under Section 126(2), 115(2), 352, 351(2), 76, 3(5) of BNS, 2023. 5. The Trial Court has not considered the abnormal delay in filing the complaint and rejected the application and sought for allowing this appeal. 6. The learned HCGP, Shri.B.Lakshman would submit that there are prima-facie materials to attract the alleged offences. The accused are required for investigation and the Trial Court has rightly rejected the anticipatory bail application and sought for dismissal of this appeal. 7. I have examined the materials placed before this Court. The alleged incident took place on 15.06.2025. The complaint came to be filed on 29.06.2025. FIR is submitted to the Court on 30.06.2025 at 3.00 p.m. Even after lapse of 31/2 months, the Investigating Officer has not submitted the charge-sheet against the accused. If the accused are required for investigation, the Investigating - 5 - HC-KAR NC: 2025:KHC:41485 CRL.A No. 1563 of 2025 Officer ought to have issued the notice under Section 35 of Bharatiya Nagarika Suraksha Sanhita, 2023. The prosecution has not explained anything for non-compliance of Section 35 of Bharatiya Nagarika Suraksha Sanhita, 2023 and also sub-section (2) of Rule 7 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995. In the absence of proper explanation and non-compliance of aforesaid provisions, considering the conduct of Investigating Officer from the date of registration of this case till this day, I am of the opinion that it is just and proper to allow this appeal. Hence, I proceed to pass the following: ORDER i) Appeal is allowed. ii) The impugned order passed by the I/c II Additional District and Sessions Judge, Shivamogga in Crl.Misc.No.634 of 2025 dated 10.07.2025 is set aside. Consequently, the - 6 - HC-KAR NC: 2025:KHC:41485 CRL.A No. 1563 of 2025 application filed under Section 482 BNSS is allowed. iii) The appellant shall be released on bail on executing a self bond of Rs.50,000/- (Rupees Fifty Thousand only) with one surety for the like-sum, in the event of his arrest by the Investigating Officer in Crime No.117 of 2025 of Kote Police. iv) The accused shall assist the Investigating Officer for investigation. v) The accused shall not tamper or threaten the prosecution witnesses in any manner. vi) The appellant shall not indulge in similar offences. Sd/- (G BASAVARAJA) JUDGE DH List No.: 1 Sl No.: 86