- 1 - HC-KAR NC: 2026:KHC:15396 CRL.A No. 140 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL CRIMINAL APPEAL NO. 140 OF 2026 (U/S 14(A) (2)) BETWEEN: 1. KALAMMA W/O. NAGARAJAPPA. AGED ABOUT 59 YEARS, RESIDENT OF RAMASAMUDRA, CHAMARAJANAGARA TOWN PIN - 571 313. 2. YOGESH @ SHIVAMURTHY, S/O. SHIVABASAPPA, AGED ABOUT 44 YEARS, RESIDENT OF RAMASAMUDRA. CHAMARAJANAGARA TOWN PIN-571 313. 3. MAHESHA @ MAHADEVASWAMY, S/O. VEERABHADRASWAMY, AGED ABOUT 37 YEARS, RESIDENT OF RAMASAMUDRA, CHAMARAJANAGARA TOWN PIN - 571313. ...APPELLANTS (BY SRI. CHIDANANDA KUMAR M.,ADVOCATE) AND: 1. THE STATION HOUSE OFFICER CHAMARAJANAGARA TOWN Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15396 CRL.A No. 140 of 2026 POLICE STATION, CHAMARAJANAGARA, REP. BY SPP, HIGH COURT OF KARNATAKA, BENGALURU - 570 313. 2. VANI A.N., W/O YASHWANTH BABU AGED ABOUT 42 YEARS RESIDING AT DURGI BEEDI, RAMASAMUDRA, B.R. HILLS ROAD, CHAMARAJANAGARA TOWN PIN- 571313. ...RESPONDENTS (BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1; R2 SERVED AND UNREPRESENTED) THIS CRL.A. FILED U/S 14(A)(2) OF SC/ST (POA) ACT, 2015 PRAYING TO SET ASIDE THE ORDER DATED 03.01.2026 PASSED BY PRL. DIST AND SESSIONS JUDGE, CHAMARAJANAGAR, IN C. MIS. NO.540/2025 AND THE APPELLANTS FURTHER PRAYS THAT GRANT ANTICIPATORY BAIL TO THE APPELLANTS FOR THE OFFENCES P/U/S 85, 126(2), 74, 115(2), 352, 118(1), 351(2) ALSO UNDER SC/ST PREVENTION OF ATROCITIES ACT 1989 U/S 3(1)(R), 3(1)(S) IN C.MISC NO.540/2025 OF THE CHAMARAJANAGARA TOWN POLICE STATION, CHAMARAJANAGAR. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL - 3 - HC-KAR NC: 2026:KHC:15396 CRL.A No. 140 of 2026 ORAL JUDGMENT Criminal Appeal No.140/2026 is filed by Kalamma, Yogesh and Mahesha, being aggrieved by the order dated 03.01.2026 passed in Cr.Misc.No.540/2025 on the file of the Prl. District and Sessions Judge, Chamarajanagara, by which application filed by the accused Nos.2 to 4-appellants under Section 482 of BNS Act has been rejected. 2. A complaint dated 12.12.2025 was filed by victim- respondent No.2 herein before the respondent No.1-Police against one Yashwanth Babu, his mother Kalamma-appellant No.1 herein and his cousin brothers namely Yogesh and Mahesh appellant Nos.2 and 3 respectively alleging; (a) That the respondent No.2 had earlier given a complaint against the said persons before the Chamarajanagara Women Police Station alleging domestic harassment. The allegation of the complainant is that the Yashwanth Babu is her husband and Kalamma is her mother-in-law and she was subjected to domestic harassment by them. That upon the said complaint, the police had summoned the said persons and advised them not to continue with the same and upon the undertaking given by them, the case was closed. - 4 - HC-KAR NC: 2026:KHC:15396 CRL.A No. 140 of 2026 (b). That on 24.08.2025, son-in-law of the respondent No.2 had died of a road accident. As such, respondent No.2 had gone for funeral and when she returned home with her daughter on 14.09.2025, Yashwanth Babu had created a ruckus. Accordingly, she had given a complaint on 15.09.2025 to the Chamarajanagara Town Police Station. That on 07.12.2025, when she went to her husband's house, her mother-in-law Kalamma- appellant No.1 herein abused her in the name of her caste. When the respondent No.2 went inside the house, said Kalamma had kept boiling water with an intention of throwing the same on her face. In the meanwhile, Yashwanth Babu her husband had blocked the door preventing her from going out and had abused her in the name of her caste and his cousins Yogesh-appellant No.2 had pulled her by her hair and Mahesha-appellant No.3 had pulled her saree. Even the said persons had abused her in the name of her caste. Mother-in-law-Kalamma handed over a wooden log to her husband Yashwanth Babu, instigating him to assault the respondent No.2. Accordingly, he had assaulted her on her legs. By that time, one Mahesh son of Mahadevaiah and Mahadeva Shetty were going on the street, heard the noise and had asked the accused persons as to why they were ill-treating a woman. That her husband Yashwanth Babu took the respondent No.2 on a bike - 5 - HC-KAR NC: 2026:KHC:15396 CRL.A No. 140 of 2026 to her daughter's house left her with a threat not to return to the matrimonial home, failing which she would be eliminated. (c) That on 08.12.2025, Yashwanth Babu had sent messages on her mobile phone insisting her to have illicit relationship with third parties for money. That on 08.12.2025 at about 07.30 p.m. her husband Yashwanth Babu, had come to the house of her daughter in a fully inebriated condition and abused her publicly. 3. Based on the said complaint, a case in Crime No.242/2025 is registered by the respondent No.1-Police for the offence punishable under Section 3(1)(r) and 3(1)(s) of the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the Act') and under Section Sec 85, 126(2), 74, 115(2), 352, 118(1) 351(2) R/w Section 3(5) of BNS Act, 2023 against Yashwanth Babu and the appellants herein. 4. Apprehending their arrest, appellants had preferred an application under Section 482 of BNS, 2023. By the impugned order, said application came to be rejected on the premise of - 6 - HC-KAR NC: 2026:KHC:15396 CRL.A No. 140 of 2026 there being a prima-facie case made out against the appellants herein. 5. Learned counsel for the appellants taking this Court through the records submits that the respondent No.2 has claimed herself to be the wife of the Yashwanth Babu. He submits that Yashwanth Babu is not the husband of the respondent No.2 and there is no relationship of any nature between them and due to some personal vendetta, which apparently grew on account of certain financial transactions, the respondent No.2 has filed a false complaint claiming herself to be the wife of the Yashwanth Babu. He submits even on merits a case under Sections 3(1)(r) and 3(1)(s) of the Act cannot be made out and it could only be a case of domestic violence. He further submits that to constitute an offence under Sections 3(1)(r) and 3(1)(s) of the Act, the offence must have been taken place within the public view and perusal of the contents of the complaint would indicate that such an act had allegedly been taken place within the four corners of the house. Therefore he submits even on merits, no prima facie case is made out requiring initiation of proceedings against the - 7 - HC-KAR NC: 2026:KHC:15396 CRL.A No. 140 of 2026 appellants herein under the provisions of the Act. He further submits that in any event, a charge sheet has now been filed by the respondent-Police and no custodial interrogation is required and appellants herein are the permanent residents of Ramasamudra, Chamarajanagara Taluk and they own a house and agricultural properties in the said place. They would abide by any conditions that may be imposed and co-operate with the trial. Hence seeks for allowing of the appeal. 6. Learned HCGP, on the other hand submits that perusal of the complaint would indicate that the abuse hurled at the respondent No.2 was seen by two witnesses. Therefore, there is fulfillment of requirement of Section 3(1)(r) and 3(1)(s) of the Act. Further, he supports the impugned order passed by the Trial Court and seeks for rejection of the appeal. 7. Heard and perused the records. 8. Complainant-respondent No.2 has claimed herself to be the wife of Yashwanth Babu and that the appellant No.1 herein is her mother-in-law. Perusal of the complaint would indicate that there was an earlier complaint filed by the complainant-respondent No.2 before the Chamarajanagara - 8 - HC-KAR NC: 2026:KHC:15396 CRL.A No. 140 of 2026 Women Police Station, who had apparently conducted conciliation and upon the undertaking given by the Yashwanth Babu, said matter was closed. The second incident has apparently taken place on 07.12.2025, when the Yashwanth Babu was at home and when complainant-respondent No.2 went to his house, Yashwanth Babu and the appellants herein had abused her in the name of her caste. The said averments indicate that the alleged incident has taken place within the four walls of the house of Yashwanth Babu. There is no averment of such incident having taken place in the public view as contemplated under Section 3(1)(r) and 3(1)(s) of the Act. The Hon'ble Apex Court in the case of Hitesh Verma Vs. State of Uttarkand reported in AIR 2020 SC 5584 as held that, an offence under Section 3(1)(r) of the Act cannot be made out merely because the informant belonged to a Scheduled Caste unless if it is made out that the said offence has taken place in the public view. Though, the complaint indicate that certain Mahesh and Mahadeva Shetty intervened on they hearing the commotion, it is not clear from the complaint averments as to whether the alleged incident had taken place in the public view and the said persons had - 9 - HC-KAR NC: 2026:KHC:15396 CRL.A No. 140 of 2026 witnessed the respondent No.2 being abused in the name of her caste. This requires to be adverted to during the trial. 10. Though there is a prohibition under Section 18A of the Act for obtaining an application for anticipatory bail, the Hon'ble Apex Court in the case of Prathvi Raj Chauhan Vs. Union of India reported in (2020) 4 SCC 727 has held that if no prima facie case is made out, attracting the provisions of Section 3(1)(r) and 3(1)(s) of the Act, bar contained in Section 18A of the Act has no application. In that view of the matter, no prima facie case is made out. Further, the offences alleged under the provisions of BNS, 2023 are neither punishable with life imprisonment nor death. Appellants herein are entitled to be released on bail, in the event of their arrest subject to stringent conditions. Accordingly, following: ORDER (i) Criminal Appeal No.140/2026 is allowed; (ii) The impugned order dated 03.01.2026 passed in Criminal Miscellaneous No.540/2025 by the Prl. District and Sessions Judge, Chamarajanagara, is set aside. - 10 - HC-KAR NC: 2026:KHC:15396 CRL.A No. 140 of 2026 (iii) Consequently application filed under Section 482 of BNSS filed on behalf of appellants Nos.1 to 3 who are accused Nos.2, 3 and 4, is allowed. (iv) The appellants shall be released on bail in the event of their arrest in Crime No.242/2025 registered by the Chamarajanagara Town Police Station on executing a self bond of Rs.1,00,000/- each with one likesum surety to the satisfaction of trial Court. (v) Appellants shall appear before the concerned Court and obtain regular bail within fifteen days from the date of receipt of copy of this order. (vi) Appellants shall not tamper or threaten the prosecution witnesses in any manner. (vii) The appellants shall not involve in similar offences in future. (viii) Appellants shall make themselves available to the Investigating Officer for interrogation whenever called for. SD/- (M.G.S. KAMAL) JUDGE RL