- 1 - HC-KAR NC: 2025:KHC:54147 CRL.A No. 2420 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 2420 OF 2025 (U/S 14(A) (2)) BETWEEN: SMT SWAPNA K M W/O. JAGADISH DAMBAL, AGED ABOUT 45 YEARS, WARDEN, DR. B.R. AMBEDKAR HOSTEL, SHIVAMOGGA, R/AT BANNIKOPPA, KOPPAL TALUK, KOPPAL DISTRICT - 583 231. …APPELLANT (BY SRI. SUNIL KUMAR B N.,ADVOCATE) AND: 1. THE STATE BY DCRE POLICE SHIVAMOGGA DISTRICT. REP BY, SPP, HIGH COURT OF KARNATAKA, AMBEDKAR VEEDHI, BENGALURU - 566 001. 2. SRI. SHIVAKUMAR, S/O. CHANDRA NAIK, AGED ABOUT 19 YEARS, R/O. DODDERI VILLAGE, BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT - 577 251. …RESPONDENTS (BY SRI. B. LAKSHMAN, HCGP FOR R1; R2 SERVED AND UNREPRESENTED) Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54147 CRL.A No. 2420 of 2025 THIS CRL.A IS FILED U/S 14A(2) OF SC AND ST (POA) ACT PRAYING TO SET ASIDE ORDER PASSED BY THE II ADDL.DISTRICT AND SESSIONS JUDGE, AT SHIVAMOGGA IN CR NO.02/2025 OF THE DCRE POLICE SHIVAMOGGA, ON THE FILE OF THE ADDL.DISTRICT AND SESSIONS COURT, SHIVAMOGGA DISTRICT, SHIVAMOGGA U/S 108 OF BNS 2023 AND SECTIONS 3(1)(r), (s), 3(2)(V) OF THE SC AND ST PREVENTION OF ATROCITIES ACT, AMENDMENT ACT 2015 AND GRANT THE ANTICIPATORY BAIL TO THE APPELLANT BY ALLOWING THIS APPEAL. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT The appellant has preferred this appeal against the Order passed by the II Additional District and Sessions Judge, Shivamogga in Crl.Misc.No.1108/2025, dated 24.11.2025. 2. Brief facts leading to this appeal are that on the basis of the complaint filed by Shivakumar, Shivamogga DCRE Police have registered the case in Crime No.2/2025 against the accused for offence under Section 108 of Bharatiya Nyaya Sanhita, 2023 and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. The application was filed - 3 - HC-KAR NC: 2025:KHC:54147 CRL.A No. 2420 of 2025 under Section 482 of BNSS for anticipatory bail, same came to be rejected by the trial Court. Being aggrieved by this impugned order, the appellant has preferred this appeal. 3. Learned counsel for the appellant would submit that one Chandra Naik son of Lakshmana Naik, who is the father of deceased T.C Vanisha, has lodged a complaint, as to the suicide committed by his daughter. On the basis of this complaint on 05.11.2025, The concerned Police have registered the case as UDR No.33/2025 under Section 194 of BNSS. That on 06.11.2025, Shivakumar who is the brother of the deceased has lodged a complaint against the accused. On the basis of this complaint, the case was registered. He submits that the accused has not committed any offence as alleged by the prosecution. Even the averments made in the complaint does not reveal as to the penal provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. Hence, sought for allowing this appeal. 4. Perusal of the copy of UDR, reveals that one Chandra Naik son of Lakshmana Naik, who is the father of deceased T.C Vanisha, had lodged a complaint as to the death of T.C. - 4 - HC-KAR NC: 2025:KHC:54147 CRL.A No. 2420 of 2025 Vanisha by committing a suicide. On the basis of this complaint, the Kote Police have registered the case in UDR No. 33/2025 and Section 194 of BNSS, 2023, in which the father of the complaint has not made any allegation/accusation against the present accused. However on the next day the brother of the deceased Shivakumara has lodged a complaint against the accused in which it is stated as under: '' ಾಾರರು ಈ ನ ಾೆೆ ಾಜಾ ೕದ ದೂನ ಾಾಂಶ ಾಾರರ ಆಕ ! " ವ$ಾ ಇವರು &ಎ"(, )ಾ*+ಾ*ಸ -ಾಡು/0ದು1 ಇವರು 2ವ3ಗ5, 6ೌ8 9ಾ।। &.ಆ: ಅಂ<ೇಡ : =!>? ನಂತರದ ಾೆAB ನCD, ಸು-ಾರು 03 ವಷಂದ ತಂರುFಾ0 ಇವಳH Iಾಂಕ:- 04.11.2025 ರಂದು ಾ FಾJೆ Kೕ8 -ಾ ಾೆAB Lಾಡ8 ಸMಪO ರವೆ ಸುPಾC ಸೂQೆ ಮುಂ9ೆ ಮೆSಾD, ಾPೆ )ಾ*+ಾ*ಸ ಎಂದು <ಾJೆ ಬಂದ ಾೆ <ೈದರು ಎಂದು ೇVದರು ನಂತರ ಮಾ*ಹO 12:42 XಷPೆ ನನO ತಂೆೆ ಾೆAB ಂದ Yೕ8 -ಾ ನನO ಅಕ !." ವ$ಾ ಇವರು -ಾFೆ> ೇ)"ರುFಾ0ೆ, IಾವZ ಆಸ[Fೆ>ೆ ಾಖC"ೆ1ೕLೆ ಬO ಎಂದು /V"ರುFಾ0ೆ, ಆದ Pಾರಣ ನನO ಅಕ ೆ ^ಾ/ ಂದIೆ -ಾ ಾ)ೆ Pಾರಣಾದ ಾೆAB Lಾಡ8 ಸMಪO ಇವರ =ೕSೆ ಸೂಕ0 Pಾನೂನು ಕ>ಮ ಜರು" ಎಂದು ೕದ ದೂನ =ೕೆೆ ಾಖC"ದ ಪ> ವ ವರ'' 5. A perusal of FIR, prima facie does not disclose as to the abusive words by referring the caste of the victim. Considering the nature and gravity of offence and allegations and also previous antecedents of the appellant, it is just and - 5 - HC-KAR NC: 2025:KHC:54147 CRL.A No. 2420 of 2025 proper to allow this appeal. Accordingly, I proceed to pass the following: ORDER (i) Appeal is allowed. (ii) The impugned order passed by the II Additional District and Sessions Judge, Shivamogga in Crl.Misc.No.1108/2025, dated 24.11.2025, is set aside. (iii) Consequently, application filed under Section 482 of BNSS is allowed. (iv) The accused/appellant shall be released on bail upon executing the self bond for a sum of Rs.50,000/- with one surety for the like sum to the satisfaction of the Investigating Officer, in the event of his arrest in Crime No.2/2025 of Shivamogga, DCRE Police Station. (v) The accused/appellant shall assist Investigating Officer for investigation. - 6 - HC-KAR NC: 2025:KHC:54147 CRL.A No. 2420 of 2025 (vi) The appellant shall not tamper or threaten the prosecution witnesses in any manner. (viii) The Registry is directed to send the copy of this order to trial Court. Sd/- (G BASAVARAJA) JUDGE RL List No.: 1 Sl No.: 8