- 1 - HC-KAR NC: 2025:KHC:41271 CRL.A No. 1993 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. 1993 OF 2025 (U/S 14(A) (2)) BETWEEN: 1. SRI. RANGASHETTY S/O LATE. NANJUNDASHETTY, AGED ABOUT 72 YEARS, 2. SRI. SHIVAKUMAR, S/O RANGASHETTY, AGED ABOUT 38 YEARS, 3. SRI.SIDDARAJU, S/O LATE. DODDAMADASHETTY, AGED ABOUT 50 YEARS, 4. SRI. RAMU, S/O RACHASHETTY @ RAKASHETTY, AGED ABOUT 46 YEARS, 5. SRI. NAGENDRA, S/O CHIKKAMADASHETTY, AGED ABOUT 38 YEARS, R/AT MELAJIPURA VILLAGE, CHAMARAJANAGARA TALUK, AND DISTRICT-571313 …APPELLANTS (BY SRI. GOPALAKRISHNAMURTHY C., ADVOCATE) AND: 1. STATE BY CHAMARAJANAGARA RURAL P.S. R/BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX, BENGALURU-560001. Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41271 CRL.A No. 1993 of 2025 2. SRI. MAHADEVASWAMY S/O MAHADEVAIAH, AGED ABOUT 32 YEARS, R/AT MELAJIPURA VILLAGE, CHAMARAJANAGARA TALUK AND DISTRICT-571313 …RESPONDENTS (BY SRI. RANGASWAMY, HCGP, FOR R1, VIDE COURT ORDER DATED: 16.10.2025 R2 SERVED ON 09.10.2025 AND CALLED OUT - ABSENT.) THIS CRL.A. IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT, 2015 PRAYING TO SET ASIDE THE ORDER DATED 19.09.2025 PASSED IN CRL.MISC NO.360/2025 BY THE PRL.DISTRICT AND SESSIONS JUDGE, CHAMARAJANAGAR AND ALLOW THE ABOVE APPEAL BY ENLARGING THE APPELLANTS ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST BY ALLOWING THE ABOVE APPEAL IN CRIME NO.167/2025 REGISTERED BY RESPONDENT NO.(CHAMARAJANAGAR SUB-D RURAL P.S) FOR THE OFFENCES P/U/S 191, 417, 419, 420, 468, 471 OF IPC AND 3(1)(f), SC/ST (POA) ACT, 1989 DATED 18.08.2025 ACT PENDING ON THE FILE OF THE PRL.DISTRICT AND SESSIONS JUDGE, CHAMARAJANAGAR. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT The applicants have preferred this appeal against the order passed by the Prl. District and Session Judge, Chamarajanagar in Crl.Misc No.360/2025 dated 19.09.2025. - 3 - HC-KAR NC: 2025:KHC:41271 CRL.A No. 1993 of 2025 2. For the sake of convenience, the parties herein are referred to as per their status before the trial Court. 3. Brief facts leading to this appeal are that the Chamarajanagara Rural Police have registered the case against accused Nos.1 to 10 for the commission of offences punishable under Sections 191, 417, 419, 420, 468, 471 of Indian Penal Code and Section 3(1)(f) of SC and ST (Prevention of Atrocities) Act, 1989. 4. The case is registered against accused Nos.1 to 10, among them, accused Nos.3 to 7 have preferred this appeal. It is stated in the complaint that the complainant belongs to the Scheduled Caste, he is residing at the Complaint address along with his wife, brother, brother's wife and parents and they have an ancestral property in Survey No.504, measuring 4 acres 27 guntas, in Badaneguppe village, Kasaba Hobli, Chamarajanagar Taluk. It is further alleged that the said property was granted by the government in the name of their great - 4 - HC-KAR NC: 2025:KHC:41271 CRL.A No. 1993 of 2025 grandfather, one Subba S/o Khunna Subbayya. After their great grandfather's death, Chikkadevaiah, Mahadevayya, were took possession and carried out cultivation in the said property. The said property is under the purview of the PTCL Act and cannot be sold, mortgaged, or alienated to anyone. However, on 10.05.2022, one Shivapadappa of Badanaguppe village created a forged sale deed in the name of his son, Charan, despite knowing that the property was under the possession of KIADB and higher compensation was fixed. On 20.11.1970, the complainant's great grandfather expired. It is further alleged that Shivapadappa and others have created fake documents, got them registered, and cheated the complainant out of the property and denied the compensation amount. Hence, the complainant has lodged complaint against the Appellants and others. 5. On plain reading of this complaint, at this stage, it is crystal clear that the dispute is pertaining to the land bearing Survey No.504, measuring 4 acres 27 guntas of - 5 - HC-KAR NC: 2025:KHC:41271 CRL.A No. 1993 of 2025 Badanaguppe village. At this stage, there are no essential ingredients that attracts the provisions of SC/ST (Prevention of Atrocities) Act, 1989. Hence, there is no bar to entertain this appeal and to grant anticipatory bail application filed by the complainant. The alleged commission of offences are not punishable with death or imprisonment for life and except the provisions of SC/ST (Prevention of Atrocities) Act, 1989, other offences are exclusively triable by the Court of the Magistrate. The alleged incident took place on 10.05.2022 the complaint came to be filed on 18.08.2025. At this stage, there is no proper explanation as to abnormal delay in filing the complaint. 6. In view of Sub-rule (2) of Rule 7 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995, the investigating officer ought to have filed the charge-sheet within 60 days till this day, the investigating officer has not issued any notice to the appellant as required under Section 35 of BNSS. 60 days - 6 - HC-KAR NC: 2025:KHC:41271 CRL.A No. 1993 of 2025 will be completed on 18.10.2025, till this day, the investigating officer has not submitted the final report. 7. Considering the nature and gravity of the offences, previous antecedents of the appellants, the delay in filing the complaint and conduct of the investigating officer. I am of the opinion that, it is just proper to allow this appeal. Hence, I proceed to pass the following: ORDER Appeal is allowed. The order passed by the Prl. District and Sessions Judge, Chamarajanagara in Crl.Misc No.360/2025 dated 19.09.2025 is set aside. Consequently, the application filed under Section 482 of BNSS is allowed. The anticipatory bail is granted, subject to following conditions: i) The appellants shall be released on bail upon executing a self bond for a sum of Rs.1,00,000/- (Rupees one lakh only) each with one surety for the likesum to the satisfaction of Investigating Officer in the event of their - 7 - HC-KAR NC: 2025:KHC:41271 CRL.A No. 1993 of 2025 arrest in Crime No.167/2025 of Chamarajanagar Rural Police; ii) The accused shall not tamper or threaten the prosecution witnesses in any manner. iii) The accused shall assist the investigating officer for his investigation. Sd/- (G BASAVARAJA) JUDGE KBM List No.: 1 Sl No.: 23