- 1 - HC-KAR NC: 2025:KHC:50476 CRL.A No. 2372 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 2372 OF 2025 (U/S 14(A) (2)) BETWEEN: 1. SRI KRISHNAMURTHY R AGED ABOUT 38 YEARS, S/O RAMADAS C, R/AT NO.58 HIG -2, NEAR KUNDAWADA, KHB COLONY, TUNGABHADRA EXTENSION, DAVANGERE - 577 566. …APPELLANT (BY SRI. C.V.SRINIVASA., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY STATION HOUSE OFFICER, DAVANGERE WOMEN'S POLICE STATION, BANGALORE. REPRESENTED BY HIGH COURT GOVERNMENT PLADER. 2. SMT SAKAMMA AGED ABOUT 34 YEARS, W/O KRISHNAMURTHY R, R/AT SHIVAKUMAR SWAMY BADAVANE, DAVANAGERE, KARNATAKA-577 566. …RESPONDENTS (BY SRI. RANGASWAMY.R, HCGP FOR R1 R2 SERVED AND UNREPRESENTED) Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50476 CRL.A No. 2372 of 2025 CRL.A. FILED U/S.14(A)(2) OF SC/ST (POA) ACT, 2015 BY THE ADVOCATE FOR THE APPELLANT/S PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER DATED 07.11.2025 PASSED BY THE HONBLE II ADDL DISTRICT AND SESSIONS JUDGE, DAVANAGERE IN REJECTING THE PETITION IN CRL.MISC.NO.1081/2025 FILED BY THE APPELLANT HEREIN U/S.482 OF THE BNS AND TO ALLOW THE ABOVE APPEAL BY ENLARGING THE APPELLANT ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN RELATION TO CRIME NO.143/2025 REGISTERED AT RESPONDENT NO.1 POLICE STATION ON THE BASIS OF COMPLIANT OF RESPONDENT NO.2, FOR OFFENCE WHICH ARE MADE PENAL U/S.115(2),351(2),352,126(2),54,85 R/W SEC.3(5) OF BNS AND SEC.3,4 OF DP ACT AND SEC.3(1)(r) AND 3(1)(s), AND 3(2)(V-a) OF SC/ST (POA) ACT 1989. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT 1. The appellant has preferred this appeal against the order dated 07.11.2025 passed in Crl.Misc.No.1081/2025 by the II Additional District and Sessions Judge, Davanagere (for short 'the trial Court'). 2. For the sake of convenience, the parties are referred to as per their rank before the trial Court. - 3 - HC-KAR NC: 2025:KHC:50476 CRL.A No. 2372 of 2025 3. Brief facts leading to this appeal are that, on the basis of complaint filed by one Sakamma, Davanagere Women Police have registered case in Crime No.143/2025 against accused Nos.1 to 5 for the commission of offence punishable under sections 3 and 4 of Dowry Prohibition Act, 1961, sections 3(1)(r), 3(1)(s), 3(2)(v-a) of SC/ST (POA) Act, 1989 and sections 54, 115(2), 351(2), 352, 126(2) r/w 3(5) and 85 of BNS, 2023. 4. The appellant and others have filed application under Section 482 of BNSS for grant of Anticipatory Bail, which came to be allowed-in-part by granting anticipatory bail to accused Nos.2 and 3. Bail application filed on behalf of this appellant was rejected. Being aggrieved by the order of rejection, the appellant/accused No.1 has preferred this appeal. 5. The learned counsel for the appellant would submit that the appellant is the husband of the victim. The appellant belongs to scheduled caste. To substantiate the same, he has produced the certificate which reveals that - 4 - HC-KAR NC: 2025:KHC:50476 CRL.A No. 2372 of 2025 the appellant belongs to Adi Dravida. Therefore, the penal provisions of SC/ST (POA) Act, 1989 are not applicable to the appellant. With regard to the other offences, the commission of alleged offences are not punishable with death or imprisonment for life and triable by Magistrate. 6. It is submitted by the learned High Court Government Pleader Sri R.Rangaswami, that the IO has issued a notice under Section 35 of BNSS, 2023. However, the appellant has not appeared before the Police. In this regard, direction can be given to the appellant to appear before the IO for investigation. 7. Considering the nature and gravity of offence and relationship between the complainant and accused/appellant and also grant of anticipatory bail to accused Nos.2 and 3, by the trial Court, I proceed to pass the following: O R D E R (i) Appeal is allowed; - 5 - HC-KAR NC: 2025:KHC:50476 CRL.A No. 2372 of 2025 (ii) The order dated 07.11.2025 passed in Crl.Misc.No.1081/2025 by the II Additional District and Sessions Judge, Davanagere, is set aside; (iii) Consequently, the application under Section 482 of BNSS filed on behalf of the appellant is allowed, subject to following conditions: (a) Appellant/accused No.1 shall be released on bail on executing personal bond for Rs.50,000/- with one surety for likesum to the satisfaction of the trial Court; (b) Appellant/accused No.1 shall surrender before the Investigating Officer within 10 days from today; (c) Appellant/accused No.1 shall co- operate with the Investigating Officer in proper investigation of the case; (d) Appellant/accused No.1 shall not tamper the prosecution evidence and threaten the prosecution witnesses directly or indirectly; (e) Appellant/accused No.1 shall not commit similar type of offences in future; (f) Appellant/accused No.1 shall appear before the trial Court regularly and shall - 6 - HC-KAR NC: 2025:KHC:50476 CRL.A No. 2372 of 2025 furnish bond and surety as and when directed by the trial Court; (g) Appellant/accused No.1 shall provide the address proof before the Investigating Officer and the trial Court; The violation of the above conditions entails cancellation of the bail. Sd/- (G BASAVARAJA) JUDGE DHA List No.: 1 Sl No.: 14