- 1 - HC-KAR NC: 2025:KHC:28239 CRL.A No. 1478 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA CRIMINAL APPEAL NO. 1478 OF 2025 (U/S 14(A) (2)) BETWEEN: SRI. N. VENKATEGOWDA S/O LATE NARAYANAGOWDA, AGED ABOUT 58 YEARS, R/AT VINAYAKANAGAR, HANURU TOWN, HANUR - 571439 CHAMARAJANAGAR TALUK, CHAMARAJANAGAR DISTRICT. …APPELLANT (BY SRI. S.P. RAMESHA, ADVOCATE) AND: THE STATE OF KARNATAKA, BY M.M. HILLS POLICE STATION, HANURU TALUK, CHAMARAJANAGARA DISTRICT, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001 …RESPONDENT (BY SRI. HARISH GANAPATHY, HCGP) THIS CRL.A. IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT, 2015 PRAYING TO SET ASIDE THE ORDER DATED 19.06.2025 PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, CHAMARAJANAGAR IN CRL.MISC NO.222/2025 AND ENLARGE THE APPELLANT ON BAIL IN THE EVENT OF ARREST IN CRIME NO.46/2025, DATED 27.05.2025 REGISTERED BY THE MM HILLS POLICE STATION FOR THE OFFENCES P/U/S 351(2) AND 352 OF BNS 2023 AND ALSO U/S 3(1)(R)(S) OF THE SCHEDULED CASTS AND Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:28239 CRL.A No. 1478 of 2025 SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT 1989 (AMENDED ACT, 2015) AND THE SAME IS PENDING ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, CHAMARAJANAGARA. 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 14-(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as ‘the SC/ST (POA) Act’ for short) in the event of his arrest in Crime No.46/2025 of M.M.Hills Police Station, before the learned Principal District and Sessions Judge, Chamarajanagara, registered for the offences punishable under Sections 351(2), 352 of Bharatiya Nyaya Sanhita, 2023 and Section 3(1)(r)(s) of the SC/ST (POA) Act, on the basis of the first information lodged by informant -Sri. Mahesha.A. 2. Heard Sri. S.P.Ramesha, learned Counsel for the appellant and Sri.Harish Ganapathy, learned High Court - 3 - HC-KAR NC: 2025:KHC:28239 CRL.A No. 1478 of 2025 Government Pleader for the respondent No.1-State. Perused the materials on record. 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 appellant is entitled for grant of bail under Section 14-A(2) of SC/ST (Prevention of Atrocities) Act, 1989?” My answer to the above point is in ‘Affirmative’ for the following: R E A S O N S 4. It is the contention of the prosecution that the informant lodged the first information on 27.05.2025 at 01.30 p.m., alleging that on 26.05.2005, the appellant had published an article in his newspaper defaming him. In that regard, the informant had previously lodged the first information on 26.05.2025. On 27.05.2025 at 11.00 a.m., when the informant was proceeding near the well, in the police station road, the appellant met him, abused him in the filthy language referring to his caste with an intention to humiliate him within the public - 4 - HC-KAR NC: 2025:KHC:28239 CRL.A No. 1478 of 2025 eye. The accused is said to have criminally intimidated the informant, who belongs to scheduled caste. Therefore, the informant requested the police to provide him with proper security. 5. Learned counsel for the appellant contends that, the appellant is a journalist by profession. The photo that was uploaded in the social media by the informant was published in the newspaper. There was no intention either to defame, or to humiliate him. Even though the first information was filed on 26.05.2005, at the first instance, the police appears to have not taken any action in that regard as there was no substance in the same. Therefore, the informant thought of filing the present complaint on 27.05.2025, at 1.30 p.m., making false and baseless allegations. 6. Learned counsel further contended that, the appellant was in his town i.e. Hanuru village, which was more than 50 kms. away from the scene of occurrence on the date and time of the alleged incident. He has collected the CCTV camera footage, and he is ready to produce the same before the Investigating Officer. Regarding the criminal antecedents of the appellant, he submits that even though two criminal cases - 5 - HC-KAR NC: 2025:KHC:28239 CRL.A No. 1478 of 2025 were registered against the appellant, in one such case 'B' report came to be filed by the police, and in the second case, he was acquitted by the Trial Court. Except the present FIR, there are no other criminal cases registered against him. 7. Learned counsel submits that, the appellant is ready to abide by any of the conditions that would be imposed by this Court. Therefore, I am of the opinion, that the appellant may be granted anticipatory bail, subject to conditions, which will take care of the interest of the prosecution as well as interest of the complainant and the witnesses. 8. Accordingly, I answer the above point in the affirmative and proceed to pass the following: ORDER The appeal is allowed. The appellant is ordered to be enlarged on bail in the event of his arrest in Cr.No.46/2025 of M.M.Hills Police Station. The appellant is directed to appear before the Investigating Officer within 15 days from the date of receipt of - 6 - HC-KAR NC: 2025:KHC:28239 CRL.A No. 1478 of 2025 this order and on his appearance, the Investigating Officer shall enlarge them on bail subject to the following conditions:- a. The appellant shall furnish the bonds in a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the Investigating Officer; b. The appellant shall not commit similar offences; c. The appellant shall appear before the Investigating Officer or the court as and when required; and d. The appellant shall not threaten or tamper the prosecution witnesses. On furnishing the sureties by the appellant, the Investigating Officer is at liberty to verify the correctness of the addresses and authenticity of the documents furnished by them. On satisfaction of the said documents, he may proceed to accept the sureties within a reasonable time. Sd/- (M G UMA) JUDGE BH CT:VS List No.: 1 Sl No.: 13