- 1 - HC-KAR CNR: KAHC010607582026 NC: 2026:KHC:50740 CRL.A No. 1455 of 2026 C/W CRL.A No. 1464 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 1455 OF 2026 (U/S 14(A) (2)-) C/W CRIMINAL APPEAL NO. 1464 OF 2026 (U/S 14(A) (2)-) IN CRL.A No. 1455/2026 BETWEEN: 1. RENUKAMMA W/O MAHESHWARAPPA, 56 YEARS 2. MANJUNATHA S/O MAHESHWARAPPA 32 YEARS, BOTH ARE RESIDING AT NEERAGUNDA VILLAGE, KASABA HOBLI, HOSADURGA TQ. CHITRADURGA DIST. 577527 …APPELLANTS (BY SRI. MANJUNATH N D.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY HOSADURGA POLICE STATION REP/BY SPP HIGH COURT OF KARNATAKA, BENGALURU - 01. 2. RANGAPPA S/O ALIGAPPA, 60 YEARS, NEERAGUNDA VILLAGE, KASABA HOBLI HOASADURGA TQ., CHITRADURGA DIST 577527. …RESPONDENTS Digitally signed by LAKSHMINARAYAN N Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010607582026 NC: 2026:KHC:50740 CRL.A No. 1455 of 2026 C/W CRL.A No. 1464 of 2026 (BY SRI. K. NAGESHWARAPPA, HCGP FOR R1, R2 IS PRESENT BEFORE COURT.) 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 ENLARGE THE APPELLANTS/ ACCUSED NO.6,7 ON BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO.427/2026 OF RESPONDENT NO.1 HOSADURGA P.S., CHITRADURGA DISTRICT, FOR THE OFFENCE P/U/S/ 189(2),191(2),191(3),352,115(2),118(1),74,324(4),324(5),12 6(2),351(2),190 OF BNS 2023 AND SEC.3(1)(r),3(1)(s),3(1)(zc),3(1)(w)(i) AND 3(1)(za)(d) OF SC/ST (POA) ACT BY SET ASIDE THE ORDER PASSED BY THE HONBLE 2nd ADDL DISTRICT AND SESSIONS JUDGE AT CHITRADURGA IN CRL.MISC.NO.911/2026 DATED 20.08.2026. IN CRL.A NO. 1464/2026 BETWEEN: 1. SRI NAGARAJAPPA @ NAGAPPA S/O BYRAPPA AGED ABOUT 52 YEARS, 2. SMT BHAGYAMMA W/O NAGARAJAPPA AGED ABOUT 45 YEARS, 3. SRI ABHISHEKA S/O NAGARAJAPPA AGED ABOUT 24 YEARS, 4. SRI VEERUPAKSHAPPA S/O BYRAPPA AGED ABOUT 48 YEARS, 5. SMT GEETHAMMA W/O VEERUPAKSHAPPA AGED ABOUT 38 YEARS, - 3 - HC-KAR CNR: KAHC010607582026 NC: 2026:KHC:50740 CRL.A No. 1455 of 2026 C/W CRL.A No. 1464 of 2026 ALL ARE AGRICULTURIST, R/O NEERAGUNDA VILLAGE KASABA HOBLI, HOSADURGA TALUK, CHITRADURGA DISTRICT-577515 ...APPELLANTS (BY SRI. GOPALAKRISHNAMURTHY.C.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA HOSADURGA POLICE STATION HIRIYUR SUB DIVISION, R/B ITS STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX BENGALURU-560001 2. SRI RANGAPPA S/O ALIGAPPA AGED ABOUT 60 YEARS OCC: FARMER R/O NEERAGUNDA VILLAGE KASABA HOBLI, HOSADURGA TALUK CHITRADURGA DISTRICT-577515 ...RESPONDENTS (BY SRI. K. NAGESHWARAPPA, HCGP FOR R1, R2 IS PRESENT BEFORE COURT.) 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 PASSED BY THE SPL. II ADDL.DISTRICT AND SESSIONS JUDGE, CHITRADURGA, IN CRL.MISC.NO.924/2026 DTD 20.08.2026 BY ALLOWING THE APPEAL FILED BY THE APPELLANTS FOR THE OFFENCES P/U/S 189(2), 191(2), 191(3), 352, 11592), 118(1), 74, 324(4), 324(5), 126(2), 351(2), 190 OF BNS 2023 AND SEC. 3(1)(r)(s), 3(1)(zc), 3(1)(w)(i), 3(1)(za)(d) OF SC/ST (POA) ACT AND DIRECT THE RESPONDENT NO.1 - 4 - HC-KAR CNR: KAHC010607582026 NC: 2026:KHC:50740 CRL.A No. 1455 of 2026 C/W CRL.A No. 1464 of 2026 (HOSADURGA POLICE STATION) POLICE IN CR.NO.427/2026 DTD 29.07.2026 TO RELEASE THE APPELLANTS ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT Since the appeals Crl.A No.1455/2026 and 1464/2026 arise out of same crime, both are clubbed together. COMMON ORDER 1. The appellants/accused No.6 and 7 filed Crl.A No.1455/2026 against the order passed by the Special II Addl. District and Sessions Judge, Chitradurga in Criminal Miscellaneous No.911/2026 dated 20.08.2026. The appellants/accused Nos.1 to 5 have preferred Crl.A No.1464/2026 against the order passed by the Special II Addl. District and Sessions Judge, Chitradurga in Criminal Miscellenous No.924/2026 dated 20.08.2026. 2. In both cases, notice duly served to the respondent No.2. Respondent No.2-Rangappa, S/o Aligappa - 5 - HC-KAR CNR: KAHC010607582026 NC: 2026:KHC:50740 CRL.A No. 1455 of 2026 C/W CRL.A No. 1464 of 2026 is present before the Court and orally opposed to bail application. 3. The learned HCGP submitted that the objection filed before the trial Court may be considered as objection in this appeal also the submission is placed on record. 4. On the basis of the complaint filed by Rangappa, Hosadurga Police registered the case in Crime No.427/2026 against the accused Nos.1 to 7 for the offences punishable under Sections 189(2), 191(2), 191(3), 352, 115(2), 118(1), 74, 324(5), 126(2), 351(2), 190 of the Bharatiya Nyaya Sanhita (BNS), 2023 and Sections 3(1)(r)(s), 3(1)(zc), 3(1)(w)(i), 3(1)(za)(d) of SC and ST (POA) Act, 1989. In the FIR, it is alleged as under: """"ಾಂಕ :29.07.2026 ರಂದು 06.15 ಎಂ ಗಂೆ ಸಮಯದ ಾ ರಂಗಪ ತಂೆ ಅಗಪ ಸುಾರು 60 ವಷ ಾಗ ಜಾಂಗ ವ!ವ"ಾಯ #ೆಲಸ %ೕರಗುಂದ 'ಾ(ಮ )ೊಸದುಗ +ಾಲೂಕು ,ನ- 9483749728 ರವರು %ೕ.ದ ೈ0 ಾ.1ದ ದೂರನು2 13ೕಕ41#ೊಂಡು ೋಡ6ಾ7 ಈ #ೆಳಕಂಡಂ+ೆ ಇರುತ;ೆ. ಈ <ೕಲ=ಂಡ >?ಾಸದ ಾನು ನಮ@ ಕುಟುಂಬೊಂ'ೆ CಾಸCಾ7ದುD ನನ2 ಕುಟುಂಬವE ಕೂ ಮತು; ವ!ವ"ಾಯ ವೃG;Hಂದ Iೕವನ "ಾ7ಸುG;ದುD %ೕರಗುಂದ 'ಾ(ಮದ ಸCೆ ನಂಬJ 96 ರ ಸ#ಾ4 'ೋಾಳದ ಜKೕನು ಇದುD ಸದ4 ಜKೕ%ನ ನಮ@ ಜಾಂಗದ ಾನು ಮತು; ನಮ@ ಾಗ - 6 - HC-KAR CNR: KAHC010607582026 NC: 2026:KHC:50740 CRL.A No. 1455 of 2026 C/W CRL.A No. 1464 of 2026 ಜಾಂಗದವರು ಅಂದLೆ 1. ರಂಗಪ ಮತು; ರತ2ಮ@ 2. Lಾಮಪ ಮತು; Mಾಗ!ಮ@ 3. 'ೋ>ಂದಪ ಮತು; ಲತಮ@ 4. ಜಯಪ ಮತು; ರತ2ಮ@ 5,ಸುLೇಶ ಮತು; 'ೌರಮ@ 6.ಮ6ೇಶಪ ಮತು; ಮಂಜಮ@ 7. ಬಸಪ ಮತು; ಲಕ=ಮ@ 8. ಾಗಪ ಮತು; ಮಂಜಮ@ 9. Lಾಜಪ ಮತು; ೇ>ರಮ@ 10. ಚಂದ(ಪ ಮತು; ಶQಕಲ 11. ರಂಗಪ ಮತು; ಜಯಮ@ 12, CೆಂಕಟLಾಮಪ ಮತು; ಲRSಮ 13, ಜಾಧನ ಮತು; Mಾರತಮ@ 14, ೌೇಶ ಮತು; Lೇಖ 15, ಮ)ಾಂ+ೇಶ ಮತು; Mಾರತಮ@ 16, ರಂಗಪ ಮತು; ಮಮತ 17. Qವಪ ಮತು; )ಾಲಮ@ ಈ 17 ಕುಟುಂಬದವರು ಸುಾರು 20ವಷಗಂದ ಈ ಜKೕನನು2 ಉ< ಾಡು+ಾ; ಬಂರು+ೆ;ೕCೆ. ನಮ'ೆ ಈ ಜKೕನು WಟXLೆ YೇLೆ ಾವEೇ ಜKೕನು ಇರುವEಲ. ಈ7Cಾ'ೆZ ಾಂಕ:26.07.2025 ರಂದು <ೕನ 17 ಕುಟುಂಬದವರು ಅವರವರ ಜKೕ%ನ )ೊಲದ #ೆಲಸ ಾಡುG;ರುCಾಗ ಏ#ಾಏ\ಾ7 ನಮ@ 'ಾ(ಮದ ಉ]ಾರ ಜಾಂಗದವLಾದ 1. ಾಗLಾಜಪ ಾೇ ಾಗಪ ತಂೆ Mೈರಪ 2. Mಾಗ!ಮ@ #ೋಂ ಾಗಪ, 3. ಅ^_ೇ` Wa ಾಗಪ 4. >ರು]ಾR ತಂೆ Mೈರಪ 5. 7ೕತಮ@ #ೋಂ >ರು]ಾRಪ 6. Lೇಣುಕಮ@ #ೋಂ ಮ)ೇಶ3ರಪ, 7. ಮಂಜುಾಥ ತಂೆ ಮ)ೇಶ3ರಪ 8. ಪರಪ Wa ಮ)ೇಶ3ರಪ 9 .dಾಂತಮ@ #ೋಂ, ಕುಾರಪ ಇವರುಗಳe ಕುಮ@#ಾ=7 ಗುಂಪE ಕfX#ೊಂಡು ೌಜನ!ಂದ )ೊ6ೆಯ, ಾಗ, ಸು?ೇಮಕ=?ಾ, Yೋಮಕ=ಳ ಎಂದು YಾH'ೆ ಬಂದ )ಾ'ೆ ಅCಾಚ! ಶಬDಗಂದ %ಂ1ದುD ನಮ@ )ೆಣುg ಮಕ=ಳನು2 #ೈ #ಾ%ಂದ )ೊhೆದು ಎ?ೆಾ. ನಮಗೂ ಸಹ >ರು]ಾR, Lೇಣುಕಮ@, 7ೕತಮ@, Mಾಗ!ಮ@, ಪರಪ, ಮಂಜುಾಥ ಇವರುಗಳe #ಾ%ಂದ ಕHಂದ )ೊhೆದು <ೖ <ೕ6ೆ ಮಣುg ತೂ4 ಮkgನ ಎಂhೆ ಮತು; ಕ%ಂದ )ೊhೆರು+ಾ;Lೆ. ಅಲೇ ನಮ@ಗ'ೆ ನ%ತ! ಬಳಸುವ ಅವಶ!ಕ ವಸು;ಗಳನು2 +ೆ'ೆೆ#ೊಳlಲು ಊ4ನ ಅಂಗ.'ೆ )ೋದLೆ ಅಂಗ.Hಂದ ಾವEೇ "ಾಾನು %ೕಡೇ ಅಂಗ.'ೆ Wೕಗ )ಾಕುವEದು, nfXನ7ರk'ೆ )ೋದLೆ ಅಯೂ ಸಹ Wೕಗ )ಾ\ ಾಗ ಜನ4'ೆ ಾವE nfXನ7ರk ಇfXಲ. ಎಂದು ಬnರಂಗCಾ7 oೋLಾ7 ಕೂ'ಾ. ನಮ@ ಾಗ oಾGಯನು2 - 7 - HC-KAR CNR: KAHC010607582026 NC: 2026:KHC:50740 CRL.A No. 1455 of 2026 C/W CRL.A No. 1464 of 2026 %ಂ1ರು+ಾ;Lೆ. ಅಲೇ ನ %ತ! ಉಪpೕ7ಸುವ >ದು!q ಕ.ತ ಾಡುವEದು ಕು.ಯುವ %ೕ4ನ "ೌಲಭ! %ೕಡೇ ಇರುವEದು ರ"ೆ;ಗ'ೆ ಅಡsಗfX ಅಡs6ಾ7 ಚರಂ. +ೋಡುವEದು ಈ 4ೕG +ೊಂದLೆ ಾಡುG;ರು+ಾ;Lೆ. )ಾಗೂ ನಮ@ ಮಕ=ಳe dಾ6ೆ'ೆ )ೋಗದಂ+ೆ ತhೆಯುವEದು ನಮ'ೆ ಕೂಯನು2 ಕLೆಯೇ "ಾಮೂnಕCಾ7 ಬnಷ=41 ಇದಲೇ ಅಪಾನ \ರುಕುಳ )ಾಗೂ 'ಾವE ಜKೕ%ನ ಕfXರುವ ಮೆಗಳ 1<ಂt 1ೕಟುಗಳನು2 ಾಗಪ >ರು]ಾR, ಅ^_ೇ` ಇವರುಗಳe )ೊhೆದು )ಾ\ ಸಂಪuಣCಾ7 ಾಶ ಾ. ೌಜನ! <Lೆರು+ಾ;Lೆ. ಇೊ2<@ ಾಗ ಜಾಂಗದವLಾದ %ೕವE ಮೆ ಕfXದLೆ ಈ ಮೆಯ6ೇ %ಮ2ಗಳನು2 ಸುಟುX )ಾಕು+ೆ;ೕCೆ ಎಂದು ಈ <ೕಲ=ಂಡವರು ನಮ'ೆ Iೕವ Yೆದ4#ೆ ಮೆಯ )ಾ\ #ೇ#ೇ )ಾ\#ೊಂಡು ಸಂಭ(K1ರು+ಾ;Lೆ. ಒಾXLೆ ನಮ@ ಾಗ ಜಾಂಗದವ4'ೆ ಅಸwಶ!+ಾ ಆಚರyೆ ಾಡುವEದು ಆzಕ, "ಾಾIಕ, {ಾKಕ ಬn_ಾ=ರ )ಾ\ ಊ4ೊಳ'ೆ ಪ(Cೇಶ ಾಡದಂ+ೆ %_ೇಧ )ಾ\ರು+ಾ;Lೆ. ಾವEಗಳe ಭಯ ^ೕGHಂದ Iೕವನ ನhೆಯುಸುವಂ+ೆ ನಮ@ಗಳ Iೕವೊಂ'ೆ Wೕಕರ ಮನ"ಾ|ಪ ಾ. ಒಾXLೆಾ7 ನಮ@ಗಳ <ೕ6ೆ ಊ4%ಂದ "ಾಾIಕ, ಆzಕ, ಬn_ಾ=ರ )ಾ\ರು+ಾ;Lೆ. ಈ >ಷಯವನು2 ನಮ@ 'ಾ(ಮದ n4ಯ ಮುಖಂಡರುಗ'ೆ G1ಾಗ ಪಂ}ಾHG ಾಡು+ೆ;ೕCೆ ಎಂದು ಸಾ{ಾನ ಾ. ಕಳen1ದವರು ಇಯವLೆ>ಗೂ ಸಹ ಾವEೇ 4ೕGಯ ಪಂ}ಾHG ಾಡೇ ಇರುವEದ4ಂದ ಈ ನ ತಡCಾ7 ಬಂದು -<ೕಲ=ಂಡವರ <ೕ6ೆ ದೂರನು2 %ೕಡುG;ೆDೕCೆ. ಆದD4ಂದ +ಾವEಗಳe <ೕಲ=ಂಡವರ <ೕ6ೆ #ಾನೂನು ಕ(ಮ ಜರು71 ಾಗ ಜಾಂದವLಾದ ನಮ'ೆ ಾ!ಯ ೊರ\1 #ೊಡYೇ#ಾ7 ತಮ@ >ನಂGಸು+ೆ;ೕCೆ "ಾ3K ಎಂ+ಾ ಇದD ದೂ4ನ <ೕLೆ'ೆ ಪ(ಕರಣ zÁR°¹gÀÄvÀÛzÉ." 5. The learned counsel for the appellants in both cases have submitted that the appellants are innocent and - 8 - HC-KAR CNR: KAHC010607582026 NC: 2026:KHC:50740 CRL.A No. 1455 of 2026 C/W CRL.A No. 1464 of 2026 they have been falsely implicated due to long standing civil disputes relating possession and cultivation of the government land. The galata took place in respect of the land. Since the matter is regarding possession of property, would not disclose an offence under the Penal Provisions of SC and ST (POA) Act, unless the victim is abused, intimidated or harassed only for the reason that the victim belongs to Scheduled Caste or Scheduled Tribe. 6. To substantiate his argument he relied, on the decision of Hon’ble Apex Court in the case of Hitesh Verma v. State of Uttarakhand and another reported in (2020) 10 SCC 710 and in the case of Keshaw Matho @ Keshaw Kumar Mahto v. State of Bihar and another reported in 2026 LiveLaw (SC) 62. 7. Further it was submitted that the rest of the offences under BNS are exclusively triable by the Court of Magistrate and are not punishable with death or imprisonment for life. There is an apprehension of arrest by the concerned police as the Investigating Officer has - 9 - HC-KAR CNR: KAHC010607582026 NC: 2026:KHC:50740 CRL.A No. 1455 of 2026 C/W CRL.A No. 1464 of 2026 registered the case under the Penal Provisions of SC and ST (POA) Act, 1989 and sought for allowing this appeal. 8. As against this, learned HCGP Sri Nageshwarappa would submit that the trial Court has properly appreciated the material on record and rejected the bail application. There are no grounds to interfere with the impugned order passed by the trial Court and sought for dismissal of the appeal. 9. Having heard the arguments on both sides and on perusal of materials placed before me, the following points would arise for my consideration: 1. Whether the appellants in both cases made out grounds to interfere with the impugned order passed by the Trial Court? 2. What order? 10. My answer to the above points are as under: Point No.1: In the affirmative. Point No.2: As per final order. - 10 - HC-KAR CNR: KAHC010607582026 NC: 2026:KHC:50740 CRL.A No. 1455 of 2026 C/W CRL.A No. 1464 of 2026 11. I have examined the materials placed before this Court. 12. On the basis of the complaint filed by Rangappa, respondent No.2, Hosadurga Police have registered the case in Crime No.427/2026 against accused No.1 to 7 for the commission of offence under Sections 189(2), 191(2), 191(3), 352, 115(2), 118(1), 74, 324(5), 126(2), 351(2), 190 of the Bharatiya Nyaya Sanhita (BNS), 2023 and Sections 3(1)(r)(s), 3(1)(zc), 3(1)(w)(i), 3(1)(za)(d) of SC and ST (POA) Act, 1989. The details of victims with particulars are also furnished in FIR, which reveals that Sl.No.1 to 33 are the victims. Respondent No.2 has submitted before this Court that he has appeared on his behalf and also on behalf of all other victims who are shown in the FIR. 13. The Hon’ble Apex Court in the case of Hitesh Verma (Supra) para No.16 to 18 has observed as under: "16. There is a dispute about the possession of the land which is the subject-matter of civil dispute between the parties as per Respondent 2 herself. Due to dispute, the - 11 - HC-KAR CNR: KAHC010607582026 NC: 2026:KHC:50740 CRL.A No. 1455 of 2026 C/W CRL.A No. 1464 of 2026 appellant and others were not permitting Respondent 2 to cultivate the land for the last six months. Since the matter is regarding possession of property pending before the civil court, any dispute arising on account of possession of the said property would not disclose an offence under the Act unless the victim is abused, intimidated or harassed only for the reason that she belongs to Scheduled Caste or Scheduled Tribe. 17. In another judgment reported as Khuman Singh v. State of M.P, this Court held that in a case for applicability of Section 3(2)(v) of the Act, the fact that the deceased belonged to Scheduled Caste would not be enough to inflict enhanced punishment. This Court held that there was nothing to suggest that the offence was committed by the appellant only because the deceased belonged to Scheduled Caste. The Court held as under: "15. As held by the Supreme Court, the offence must be such so as to attract the offence under Section 3(2)(v) of the Act. The offence must have been committed against the person on the ground that such person is a member of Scheduled Caste and Scheduled Tribe. In the present case, - 12 - HC-KAR CNR: KAHC010607582026 NC: 2026:KHC:50740 CRL.A No. 1455 of 2026 C/W CRL.A No. 1464 of 2026 the fact that the deceased was belonging to "Khangar" Scheduled Caste is not disputed. There is no evidence to show that the offence was committed only on the ground that the victim was a member of the Scheduled Caste and therefore, the conviction of the appellant-accused under Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is not sustainable." 18. Therefore, offence under the Act is not established merely on the fact that the informant is a member of Scheduled Caste unless there is an intention to humiliate a member of Scheduled Caste or Scheduled Tribe for the reason that the victim belongs to such caste. In the present case, the parties are litigating over possession of the land. The allegation of hurling of abuses is against a person who claims title over the property. If such person happens to be a Scheduled Caste, the offence under Section 3(1)(r) of the Act is not made out." 14. In the case of Keshaw Matho @ Keshaw Kumar Mahto (Supra) it is observed as under: - 13 - HC-KAR CNR: KAHC010607582026 NC: 2026:KHC:50740 CRL.A No. 1455 of 2026 C/W CRL.A No. 1464 of 2026 "12. Section 3(1)(r) is attracted where the reason for the intentional insult or intimidation by the accused is that the person who is subjected to is a member of a scheduled Caste or a Scheduled Tribe. In other words, the offence under Section 3(1)(r) cannot stand merely on the fact that the informant/complainant is a member of a Scheduled Caste or a Scheduled Tribe, unless the insult or intimidation is with the intention to humiliate such a member of the community. 13. To put it briefly - first, the fact that the complainant belonged to a Scheduled Caste or a Scheduled Tribe would not be enough. Secondly, any insult or intimidation towards the complainant must be on the account of such person being a member of a Scheduled Caste or a Scheduled Tribe. 14. With a view to dispel any doubt and lend clarity, we deem it appropriate to mention that even mere knowledge of the fact that the complainant is a member of a Scheduled Caste or a Scheduled Tribe is not sufficient to attract Section 3(1)(r). 15. Further, for an offence to be made out under Section 3(1)(s), merely abusing a member of a Scheduled Caste or a Scheduled Tribe would not be enough. At the same time, saying caste name would also not constitute an offence. 16. In other words, to constitute an offence under Section 3(1)(s) it would be necessary that the accused abuses a member of a Scheduled Caste or a Scheduled Tribe "by the caste name" in any place within public view. Thus, the allegations must reveal that abuses were laced - 14 - HC-KAR CNR: KAHC010607582026 NC: 2026:KHC:50740 CRL.A No. 1455 of 2026 C/W CRL.A No. 1464 of 2026 with caste name, or the caste name had been hurled as an abuse. 17. What appears from the aforesaid is the element of humiliation is present in Section 3(1)(s) as well. It has to be gathered from the intentional insult towards the caste, and the content. The content under Section 3(1)(s) are the abuses hurled at a person belonging to a Scheduled Caste or a Scheduled Tribe. However, the intent with which the abuses were hurled must be found to be denigrating towards the caste, resulting into a feeling of caste-based humiliation. 18. In the case at hand, we find that there is nothing on record to indicate that the alleged acts of the appellant were motivated for the reason that the complainant is a member of a Scheduled Caste or a Scheduled Tribe. Neither the FIR nor the charge-sheet contains any whisper of an allegation of insult or intimidation by the appellant herein, let alone one made with the intention to humiliate the complainant. 19. The allegations levelled in the FIR, even if taken at their face value and accepted in their entirety, do not prima facie, constitute an offence under either Section 3(1)(r) or under Section 3(1)(s) of the SC/ST Act." 15. In the case on hand, a plain reading of the contents of the complaint itself reveals that the alleged incident took place between the accused and the victims in - 15 - HC-KAR CNR: KAHC010607582026 NC: 2026:KHC:50740 CRL.A No. 1455 of 2026 C/W CRL.A No. 1464 of 2026 respect of the government gomala land Survey No.96 of Neeragunda Village. 16. The allegations levelled in the FIR, even if taken at their face value and accepted in their entirety, at this stage do not prima-facie, constitute an offence under the Penal Provisions of the SC and ST (POA) Act, 1989. The other alleged commission of offences are exclusively triable by the Court of Magistrate and are not punishable with death penalty or imprisonment for life. 17. It is also pointed out by the learned counsel for the appellants that the alleged incident took place on 26.07.2025. The complaint came to be filed on 29.07.2026. After lapse of 1 year 3 days the complainant has lodged the complaint. Taking into consideration the nature and gravity of offence, delay in filing the complaint, the civil dispute between the accused and the victims and also prior antecedents of the accused, without expressing any opinion on the merits of the case, at this stage, keeping in the mind the decisions of Hon'ble Apex Court, I am of the opinion that - 16 - HC-KAR CNR: KAHC010607582026 NC: 2026:KHC:50740 CRL.A No. 1455 of 2026 C/W CRL.A No. 1464 of 2026 it is just on proper to allow this appeal with conditions. Accordingly, I proceed to the following: ORDER i. Appeals are allowed. ii. The orders passed by the Special II Addl. District and Sessions Judge, Chitradurga in Criminal Miscellaneous No.911/2026 and Criminal Miscellaneous No.924/2026 dated 28.02.2026 are set aside. iii. Consequently, application under Section 482 of BNS in both cases are allowed. iv. The appellants in both cases shall be released on bail on executing a self bond of Rs.50,000/- each with one surety each for likesum to the satisfaction of the Investigating Officer in the event of their arrest in Crime No.427/2026 of Hosadurga Police Station. v. The appellants shall not tamper or threaten the prosecution witnesses in any manner. - 17 - HC-KAR CNR: KAHC010607582026 NC: 2026:KHC:50740 CRL.A No. 1455 of 2026 C/W CRL.A No. 1464 of 2026 vi. The appellants shall assist the Investigating Officer for their investigation. vii. The appellant shall not indulge in similar offences. Sd/- (G BASAVARAJA) JUDGE KBM List No.: 1 Sl No.: 11