- 1 - HC-KAR CNR: KAHC010152652026 NC: 2026:KHC:46218 CRL.A No. 384 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL APPEAL NO.384 OF 2026 BETWEEN: CHANDRACHARI, S/O SHANKARACHARI, AGED ABOUT 30 YEARS, R/AT, HIREHALIVANA VILLAGE, HARIHARA TALUK, DAVANAGERE DISTRICT – 577 601. …APPELLANT (BY SRI. HARISH T., ADVOCATE) AND: 1. STATE OF KARNATAKA, BY RAMANAGARAS DCRE P.S., (KANAKAPURA TOWN P.S), KANAKAPURA – 562 117. REPRESENTED BY THE STATE PUBLIC PROSECTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. KUM.BINDU M., D/O MURTHY, Digitally signed by SUSHMA LAKSHMI B S Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010152652026 NC: 2026:KHC:46218 CRL.A No. 384 of 2026 AGED ABOUT 20 YEARS, R/AT, BOMMANA STREET, MAHADESHWARA BADAVANE, KANAKAPURA TOWN, KANAKAPURA – 562 117. …RESPONDENTS (BY SRI.DIWAKAR MADDUR, HCGP FOR R1; SRI.CHANDRASHEKAR M., ADVOCATE FOR R2) THIS CRL.A. IS FILED U/S 14(A)2) OF SC/ST (POA) ACT PRAYING TO SET ASIDE THE ORDER DATED 21.01.2026 PASSED IN SPL.C.NO.221/2025 AND ALLOW THE APPEAL BY ENLARGING HIM ON REGULAR BAIL IN SPL.C.NO.221/2025 ARAISING OUT OF THE CR.NO.131/2025, REGISTERED BY THE KANAKAPURA TOWN POLICE AGAINST THE APPELLANT FOR THE ALLEGED OFFENCE P/U/S 75(2), 78(2) OF BNS 2023 UNDER SEC.3(1)(r), 3(1)(s), 3(1)(w), 3(2)(va) OF SC/ST (POA) ACT AMENDMENT ACT 2015 AND UNDER SEC.66(e) OF I.T. ACT 2000 PENDING ON THE FILE OF HONBLE I ADDL.DISTRICT AND SESSIONS JUDGE AT RAMANAGARA IN SPL.C.NO.221/2025. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR CNR: KAHC010152652026 NC: 2026:KHC:46218 CRL.A No. 384 of 2026 ORAL JUDGMENT The appellant is before this Court seeking regular bail in Spl.C.No.221/2025 on the file of the I Additional District and Sessions Judge, Ramanagara, passed vide its order dated 21.01.2026. 2. Heard Sri. Harish.T., learned counsel for the appellant and Sri. Diwakar Maddur, learned High Court Government Pleader for respondent No.1 as well as Sri. Chandrashekar.M., learned counsel for respondent No.2. 3. The case of the prosecution is that the complainant- Kum. Bindu stated in the complaint, was living with her parents and belongs to Scheduled Caste and her father is working as Driver in BMTC and she is studying in final year B.A. at First Grade Degree College, Kanakapura. When she was studying in 10th STD, she came in contact with the appellant who is a resident of Harihara Taluk and they became friends. Thereafter, he used to come to Kanakapura and both would frequently talk with each other. When the complainant was studying in II PUC, the appellant started abusing her using - 4 - HC-KAR CNR: KAHC010152652026 NC: 2026:KHC:46218 CRL.A No. 384 of 2026 filthy language and was also insulting her naming her caste on several occasions. As a result of which, she started avoiding him. However, the appellant insisted the victim girl that she should talk with him and also threatened her that he would edit some photos of her and upload the same on facebook and make them viral. On 17.07.2025 at about 9:45 a.m., when the complainant was near Degree College at Kanakapura, the appellant called her over the phone and threatened her and also abused her by using filthy language and again on 10.08.2025 he insisted her to meet him and also demanded her to accompany him to watch a movie. Being annoyed by the act of the appellant, she lodged a complaint before the respondent- police. The respondent-police have registered a case in Crime No.131/2025 and the investigation has been completed and charge sheet is filed. 4. The submission of the learned counsel for the appellant is that the entire allegations made in the complaint are baseless and false. No such incident had occurred as on the date of the alleged incident. The investigation has been completed and charge sheet is submitted. It is further - 5 - HC-KAR CNR: KAHC010152652026 NC: 2026:KHC:46218 CRL.A No. 384 of 2026 submitted that even assuming that the appellant abused by naming the caste of the complainant, as per the averments of the complaint, has been committed through mobile phone, which would not attract the public view. Therefore, the ingredients are not attracted against the appellant in respect of the offences under the provisions of the SC/ST Act. It is further submitted that the other alleged offences are neither punishable with death nor imprisonment for life. The appellant is aged about 30 years and he is the only earning member of his family. He is a permanent resident of Harihara Taluk. Therefore, he may be enlarged on bail imposing suitable conditions. He will abide by the conditions to be imposed by this Court in the event of his release. By making such submissions, learned counsel for the appellant prays to allow the appeal. 5. Per contra, learned HCGP vehemently submitted that the act committed by the appellant has been established by way of the charge sheet and the averments of the charge sheet makes it very clear that the appellant has abused the complainant by naming her caste and was constantly harassing - 6 - HC-KAR CNR: KAHC010152652026 NC: 2026:KHC:46218 CRL.A No. 384 of 2026 the complainant on one or other pretext, and further, the averment of the charge sheet would clearly indicate that the appellant was also abusing, threatening the complainant by saying that he would upload her nude photos and videos on social media, and he would demoralize her in the society. Such being the fact, if the appeal is allowed, the complainant would become helpless in the society. Therefore, it is not appropriate to grant a relief as prayed in the appeal. By making such submissions, the learned HCGP prays to dismiss the appeal. 6. Having heard the learned counsel for the respective parties and also perusal of the averments of the charge sheet, it appears that the complainant and the appellant are known to each other since the past 4.1/2 years. It appears from the record that she had sent her nude photos and videos to him and she was happily talking with him on several occasions. However, due to some misunderstandings between them, the alleged incident had occurred. Moreover, as per the averments of the complaint, the appellant had abused by naming her caste through phone. Having considered the said aspect and also - 7 - HC-KAR CNR: KAHC010152652026 NC: 2026:KHC:46218 CRL.A No. 384 of 2026 other facts and circumstances of the case, it is appropriate to grant the relief as prayed in the appeal. 7. Hence, I pass the following: ORDER i) The Criminal Appeal is allowed. ii) The impugned order passed by the learned I Additional District and Sessions Judge, Ramanagara in Spl.C.No.221/2025 dated 21.01.2026 is set aside. iii) The appellant is directed to be enlarged on bail in Crime No.131/2025 of Kanakapura Town Police Station, registered for the offences punishable under Section 75(2), 78(2) of the Bharatiya Nyaya Sanhita, 2023, Sections 3(1)(r), 3(1)(s), 3(1)(w), 3(2)(va)) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, Section 66(E) of the Information Technology Act, 2000, subject to the following conditions: a) Appellant shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One lakh only) with one surety for the likesum, to the satisfaction of the jurisdictional Court. - 8 - HC-KAR CNR: KAHC010152652026 NC: 2026:KHC:46218 CRL.A No. 384 of 2026 b) Appellant shall not threaten the prosecution witnesses. c) Appellant shall appear before the Trial Court on all dates of hearing. d) Appellant shall not hamper the Court proceedings. e) Appellant shall not leave the jurisdiction of the Court and shall not visit Kanakapura at any point of time till disposal of the case. f) Appellant shall not involve in any other criminal cases or such similar cases in future till disposal of the present case. h) In case, if the petitioner violates any of the bail conditions as stated above, liberty is reserved to the State/prosecution to file necessary application for cancellation of bail. Sd/- (S RACHAIAH) JUDGE SMJ List No.: 1 Sl No.: 13