- 1 - HC-KAR NC: 2026:KHC:32256 CRL.A No. 853 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL APPEAL NO. 853 OF 2026 (U/S 14(A) (2)) BETWEEN: 1. VIJAY M, S/O. LATE MUNIRAJU, AGED ABOUT 23 YEARS, R/AT BALARBANDE VILLAGE, JIGANI HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT. 2. TEJAS M, S/O. MANJUNATH, AGED ABOUT 22 YEARS, R/AT MAHANTHALINGAPURA VILLAGE, JIGANI HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT. 3. MUNIRAJU V, S/O. LATE VENKATAPPA, AGED ABOUT 75 YEARS, R/AT BALARBANDE VILLAGE, Digitally signed by SUSHMA LAKSHMI B S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:32256 CRL.A No. 853 of 2026 JIGANI HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT. 4. SRINIVASA, S/O. YELLAPPA, AGED ABOUT 30 YEARS, R/AT BALARBANDE VILLAGE, JIGANI HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT. 5. NAVEEN KUMAR M, S/O. B. MUNIRAJU, AGED ABOUT 39 YEARS, R/AT BALARBANDE VILLAGE, JIGANI HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT. …APPELLANTS (BY SRI. M.S. SHYAMSUNDAR., SENIOR COUNSEL FOR SRI. REVANTH P N., ADVOCATE) AND: 1. STATE BY JIGANI POLICE STATION ANEKAL SUB-DIVISION, - 3 - HC-KAR NC: 2026:KHC:32256 CRL.A No. 853 of 2026 BENGALURU RURAL DISTRICT. REPRESENTED BY THE LEARNED STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU – 560 001. 2. GOPI, S/O. CHOWDAPPA, AGED ABOUT 24 YEARS, R/AT KRISHNADODDI VILLAGE, JIGANI HOBLI, ANEKAL TALUK, BENGALURU DISTRICT. 3. VENKATESH, S/O (NOT KNOWN), R/AT KRISHNADODDI VILLAGE, JIGANI KRISHNADODDI VILLAGE, JIGANI HOBLI, ANEKAL TALUK, BENGALURU DISTRICT. 4. DHANUSH, R/AT KRISHNADODDI VILLAGE, JIGANI HOBLI, - 4 - HC-KAR NC: 2026:KHC:32256 CRL.A No. 853 of 2026 ANEKAL TALUK, BENGALURU DISTRICT. …RESPONDENTS (BY SRI. HARISH GANAPATHI., HCGP FOR R1; SRI. BHADRINATH., ADVOCATE FOR R2 TO R4) ---- THIS CRL.A. FILED U/S 14(A)(2) OF SC/ST (POA) ACT, 2015 BY THE ADVOCATE FOR THE APPELLANT/S PRAYING TO SET ASIDE THE ORDER PASSED BY THE HON’BLE II ADDL. DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL, BENGALURU, IN C.MISC.NO.720/2026 ON 04.05.2026 AND DIRECT THE RESPONDENT POLICE TO RELEASE HIM ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.73/2026, REGISTERED BY THE RESPONDENT JIGANI POLICE STATION BENGALURU, FOR OFFENCES P/U/S 3(1)(r), 3(1)(s) AND 3(2)(v-a) OF THE SC AND ST (POA) ACT 1989 (HEREINAFTER THE ATROCITIES ACT) AND U/S 115(2), 118(2), 126(2), 140(2), 190, 351(3) AND 352 OF THE BNS 2023 AND U/S 25(1), AND 27 OF THE ARMS ACT 1959. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 5 - HC-KAR NC: 2026:KHC:32256 CRL.A No. 853 of 2026 CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL JUDGMENT 1. This appeal has been filed by the appellant seeking to set aside the order dated 04.05.2026, passed in Crl.Misc.720/2026, by the learned II Addl. District and Sessions Judge & Special Judge, Bengaluru Rural District, Bengaluru for the offences punishable under Sections 3(1)(r), 3(1)(s) and 3(2)(v-a) of the SC and ST (POA) Act 1989 (for short, ‘Atrocities Act’) and under sections 115(2), 118(2), 126(2), 140(2), 190, 351(3) and 352 of the BNS, 2023 and under Sections 25(1), and 27 of the Arms Act 1959 . The factual matrix of the case: 2. The facts of the case is that on 06.04.2026 between 9:00 pm to 9:45 pm, respondent No.2 was restrained by accused No.1 near OTC circle in front of GCI Concrete Company. Thereafter, he was taken to the house of accused No.1. It is alleged that respondent No.2 was assaulted by hands and legs by accused No.1. - 6 - HC-KAR NC: 2026:KHC:32256 CRL.A No. 853 of 2026 3. It is further alleged that accused No. 1, 3, 4 and others assaulted even other respondents as well. Accused No.3 placed the pistol into the mouth of respondent No.2 and threatened him with dire consequences and also insulted by naming his caste. Therefore, a complaint came to be registered against the appellants. The respondent police registered the case and investigation is in progress. 4. The learned Senior Counsel, Sri. Shyamsundar appearing for Sri. Revanth P.N., learned counsel for the appellants submitted that the appellants are seeking anticipatory bail as the averments of the complaint do not disclose a prima- facie case to attract the ingredients of the provisions of SC/ST Act. 5. It is further submitted that these appellants belonged to the Bhovi community, except appellant No. 2, which falls under the category of Scheduled Castes. The alleged offences are not of a serious in nature. The learned Senior Counsel further submitted that even though it is alleged that a pistol was used to intimidate the complainant, it is obvious that - 7 - HC-KAR NC: 2026:KHC:32256 CRL.A No. 853 of 2026 accused No. 3 had no intention to cause either injury or death. The allegations made in the complaint against accused No.2 are not sufficient to hold that the bar under Section 18 of the Act would applicable to him for the reasons that the averments of the complaint would not disclose prima-facie case to attract the ingredients of SC/ST Act. 6. It is further submitted that a long-standing civil dispute existed between the appellants and the respondents, which resulted in the filing of this false case. Therefore, the appellants may be enlarged on bail, and they will abide by any conditions to be imposed by this Court in the event of their release. Making these submissions, the learned Senior Counsel prays to allow the appeal. 7. Per contra, the learned counsel for respondent No. 2 vehemently submitted that the averments of the complaint clearly would attract the ingredients of the provisions of the SC/ST Act are attracted. Appellant No. 2, who is arrayed as accused No. 2, belongs to the Vokkaliga community, therefore, he is not entitled to the relief of anticipatory bail. - 8 - HC-KAR NC: 2026:KHC:32256 CRL.A No. 853 of 2026 8. It is further submitted that the other accused/appellants have committed a heinous offence and threatened the respondents by brandishing a pistol. The manner in which the respondents were threatened indicates the seriousness and its gravity. Therefore, they are also not entitled to any relief as prayed for. 9. Having heard the learned counsel for the respective parties and on perusal of the averments of the complaint would indicate that respondent No.2 was allegedly kidnapped by the appellants and he was insulted and assaulted in the house of accused No.1. It is further alleged that accused No.3 threatened the respondent No.2 by placing a pistol into his mouth. 10. Be that as it may, on going through the averments of the complaint, there is a longstanding enmity appeared to have been existed between the appellants and the respondents. No doubt, the averments of the complaint would indicate that the respondent No.2 had been insulted by his caste. Having considered the said aspects, it is appropriate to - 9 - HC-KAR NC: 2026:KHC:32256 CRL.A No. 853 of 2026 grant the relief as prayed for in this appeal, in respect of appellant No.1, 3 to 5, as they are belonged to scheduled caste. 11. However, as regards appellant No.2 is concerned, there are prima-facie case made out against him in respect of the offences relating to SC/ST Act. Hence, I am of the considered opinion that the appeal in respect of appellant No.2 is not maintainable as there is a bar under Section 18 of the POA Act. 12. In the light of the aforesaid discussion, I proceed to pass the following: ORDER i. The appeal stands allowed-in-part. ii. The appeal in respect of appellant No.2/accused No.2 stands rejected. iii. The appellants No.1, 3 to 5 are ordered to be enlarged on bail in the event of their arrest in Cr.No.73/2026 of the respondent police on receiving their personal bonds for a sum of - 10 - HC-KAR NC: 2026:KHC:32256 CRL.A No. 853 of 2026 Rs.1,00,000/- (Rupees One Lakh only) each with one surety each to the satisfaction of the Investigating Officer. iv. They shall co-operate with investigation till fining of the final report. v. They shall not threaten or tamper with the prosecution witnesses nor hamper the proceedings of the Court. vi. They shall appear before the Trial Court on all hearing dates without fail. Sd/- (S RACHAIAH) JUDGE JS List No.: 1 Sl No.: 7