- 1 - HC-KAR NC: 2026:KHC:7232 CRL.A No. 141 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 141 OF 2026 BETWEEN: SRI. S. VARADARAJU S/O. LATE SUNDARARAJ IYENGAR, AGED ABOUT 55 YEARS, R/AT BILIRANGANABETTA, YALANDURU TALUK, CHAMARAJANAGARA DISTRICT - 571 441. …APPELLANT (BY SRI. NISHIT KUMAR SHETTY, ADVOCATE) AND: 1. STATE OF KARNATAKA BY D.C.R.E. POLICE STATION, CHAMARAJANAGARA REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. 2. SRI. NATARAJU, S/O. LATE MALLAIAH, AGED ABOUT 54 YEARS, R/AT 4TH BLOCK, AMBEDKAR STREET, HONGANURU VILLAGE, CHAMARAJANAGAR DISTRICT - 571 117. …RESPONDENTS (SMT. N.ANITHA GIRISH, HCGP FOR R1; R2 SERVED AND PRESENT BEFORE COURT) THIS CRL.A IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT, 1989 PRAYING TO SET ASIDE THE ORDER DTD 21.01.2026 IN Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:7232 CRL.A No. 141 of 2026 CRL.MISC.NO.16/2026 ARISING OUT OF CR.NO.3/2025, FOR THE OFFENCE P/U/S 3(1)(r)(s) OF SC/ST (POA) ACT, 1989, U/S 352 OF BNSS PASSED BY THE HONBLE PRL. DISTRICT AND SESSIONS COURT, CHAMARAJANAGARA DISTRICT AND RELEASE THE APPELLANT ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CR.NO.3/2025 OF DCRE P.S., FOR THE OFFENCE P/U/S 3(1)(r)(s) OF SC/ST (POA) ACT, 1989, U/S 352 OF BNSS, PENDING ON THE FILE OF PRL. DISTRICT AND SESSIONS COURT, CHAMARAJANAGARA DISTRICT. 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/accused has preferred this appeal against the order dated 21.01.2026 in Crl.Misc.No.16/2026 passed by the Principal District and Sessions Judge, Chamarajanagara. 2. Heard the arguments on both sides. 3. The brief facts leading to this appeal is that on the basis of the complaint filed by Sri.Nataraj, the Chamarajanagara DCRE Police have registered the case in Crime No.3/2025 against the appellant/accused for commission of offence under Section 3(1)(r)(s) of SC/ST (POA) Act, 1989 and Section 352 of BNSS, 2023. The appellant/accused has filed application under Section 482 of BNSS, and the same - 3 - HC-KAR NC: 2026:KHC:7232 CRL.A No. 141 of 2026 came to be rejected by the trial Court. Being aggrieved by the order of rejection, the appellant/accused has preferred this appeal. 4. The complaint reveals that incident took place on 21.12.2025 and the complaint came to be filed on 29.12.2025 that there is eight days delay in filing the complaint. In F.I.R. column No.3(c) it is stated that, since the complainant was suffering from ill-health, he could not file the complaint. The complaint disclose that at the time of incident one Naveena s/o Mahadevegowda was also present, but he did not file any complaint. It is stated by the learned counsel for the appellant/accused that the present appellant has filed a complaint against one Mahadevaswamy s/o Rachaiah on 21.12.2025 stating that he had abused the accused in filthy language regarding land dispute. At the instance of Mahadevaswamy, the complainant has filed this complaint. This endorsement reveals it was filed on 22.12.2025. The Inspector of Police has issued an endorsement in this regard. Since there is an inordinate delay in filing the complaint, at this stage, it cannot be said that there are prima facie materials to - 4 - HC-KAR NC: 2026:KHC:7232 CRL.A No. 141 of 2026 constitute the alleged penal provisions of SC/ST (POA) Act, 1989. The alleged commission of offences are not punishable with death or imprisonment for life. Hence, I proceed to pass the following: ORDER i. The appeal is allowed. ii. The impugned order dated 21.01.2026 in Crl.Misc.No.16/2026 passed by the Principal District and Sessions Judge, is hereby set aside. Consequently, the application filed under Section 482 of BNSS, 2023 is allowed. iii. The appellant/accused shall be released on bail on executing a self bond of Rs.50,000/- with one surety for likesum to the satisfaction of the Investigating Officer in the event of his arrest in Crime No.3/2025 registered by the Chamarajanagara DCRE Police Station subject to following conditions:- a. The appellant/accused shall not commit similar offence. b. The appellant/accused shall not tamper/threaten the prosecution witnesses. - 5 - HC-KAR NC: 2026:KHC:7232 CRL.A No. 141 of 2026 c. The appellant/accused shall assist the Investigating Officer for investigation. Registry is directed to send the copy of this order to trial Court. Sd/- (G BASAVARAJA) JUDGE GPG List No.: 1 Sl No.: 10