- 1 - HC-KAR NC: 2026:KHC:1401 CRL.A No. 3 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 3 OF 2026 (U/S 14(A) (2)) BETWEEN: 1. RAMALINGAM S/O KISHNAKUMAR AGED ABOUT 45 YEARS R/O SRI. RAMA NAGARA BHADRA COLONY POST BHADRAVATHI SHIVAMOOGA DISTRICT - 577 201. 2. PUSHPA W/O THANGAVELU AGED ABOUT 35 YEARS R/O #136, LEFT SIDE STREET OF COOLIE WORKERS KANASINAKATTE, HOLEHONNURU SHIVAMOGGA DISTRICT - 577 201. 3. RUKMINI W/O SHEKHAR AGED ABOUT 32 YEARS R/O SRI. RAMA NAGARA BHADRA COLONY POST BHADRAVATHI SHIVAMOGGA DISTRICT - 577 201. …APPELLANTS (BY SRI. GIRISH B.BALADARE, ADVOCATE) Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1401 CRL.A No. 3 of 2026 AND: 1. THE STATE OF KARNATAKA CHANNARAYAPATTANA TOWN POLICE STATION CHANNARAYAPATTANA HASSAN DISTRICT. REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE - 560 001. 2. VIJAYA AGED MAJOR S/O NOT KNOWN R/O RANGAPURA AMBORE CITY, THIRUPUR TAMILNADU - 641 604. …RESPONDENTS (BY SMT. N.ANITHA GIRISH, HCGP FOR R1) THIS CRL.A. IS FILED U/S 14(A)(2) OF SC/ST (PREVENTION OF ATROCITIES) ACT, 2015 PRAYING TO SET ASIDE THE ORDER DATED 09.12.2025 PASSED BY THE I ADDITIONAL DISTRICT AND SESSION AND SPL. JUDGE, AT HASSAN IN CRIMINAL MISC. NO.1134/2025 (ARISING OUT OF CRIME NO.332/2022) CONSEQUENTLY RELEASE THE APPELLANTS ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN THE CASE REGISTERED BY THE, CHANNARAYAPATTANA TOWN POLICE, CHANNARAYAPATTANA FOR THE OFFENCE PUNISHABLE UNDER SECTION 374 OF IPC, SECTION 3(1)(h) OF SC/ST (PA) AMENDMENT ACT 2015 AND - 3 - HC-KAR NC: 2026:KHC:1401 CRL.A No. 3 of 2026 UNDER SECTION 16, 18, 20 OF BONDED LABOUR SYSTEM (ABOLITION) ACT, 1976. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT Heard and perused the records. 2. The appellants have preferred this appeal against the order passed by the I Additional District and Sessions Judge and Special Judge, at Hassan in Crl.Misc.No.1134/2025 dated 09.12.2025. 3. The brief facts leading to this appeal are that, on the basis of the complaint filed by one Supreet S.A., Channarayapatna Town Police have registered a case in Crime No.332/2022 for the commission of offences under Sections 16, 18 and 20 of Bonded Labour System (Abolition) Act, 1976 and Section 374 of IPC. After completion of investigation, the I.O. has submitted the charge sheet against accused nos.1 to 3 for the commission of offences under Sections 16, 18 and 20 of Bonded Labour System (Abolition) Act, 1976 and Section - 4 - HC-KAR NC: 2026:KHC:1401 CRL.A No. 3 of 2026 3(1)(h) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (for short 'SC/ST Act'). 4. The appellants have filed an application under Section 482 of Bharatiya Nagrarik Suraksha Sanhita, 2023 for grant of anticipatory bail. The same came to be rejected. 5. A perusal of the order passed by the I Additional District and Sessions Judge and Special Judge, Hassan reveals that CW1-Vijaya is only made as party respondent no.2, but the complainant and other victims are not made as party to the proceedings. The averments of charge sheet reveal that CW2, CW3, CW4, CW5, CW6, CW7, CW8 and CW9 are belonging to Scheduled Castes/Scheduled Tribes and it is alleged that the accused have compelled these witnesses to labour against their will. However, these witnesses have not been made as respondents in Crl.Misc.No.1134/2025. 6. Subsection 5 of Section 15-A of Chapter IV-A of SC/ST Act reads as under: "15-A. Rights of victims and witnesses- - 5 - HC-KAR NC: 2026:KHC:1401 CRL.A No. 3 of 2026 (5) A victim or his dependent shall be entitled to be heard at any proceeding under this Act in respect of bail, discharge, release, parole, conviction or sentence of an accused or any connected proceedings or arguments and file written submission on conviction, acquittal or sentencing." 7. In view of Subsection 5 of Section 15-A of Chapter IV-A of SC/ST Act, a victim or his dependents shall be entitled to be heard. 8. In the case on hand the trial Court has committed an error in not issuing notice to all the victims before passing the impugned order. Hence the impugned order is not sustainable under law. Accordingly, I proceed to pass the following: ORDER The appeal is allowed in part with the following observations: a. The impugned order passed by the I Additional District and Sessions Judge and Special Judge, - 6 - HC-KAR NC: 2026:KHC:1401 CRL.A No. 3 of 2026 at Hassan in Crl.Misc.No.1134/2025 dated 09.12.2025 is hereby set aside. b. The trial Court is directed to permit these appellants to implead CW2 to CW9 which are shown in the charge sheet as respondents in Crl.Misc.No.1134/2025. Thereafter, the trial Court shall issue notice to all the victims and provide opportunity of hearing to them and dispose of the case in accordance with law; c. The trial Court is directed to dispose of the case as expeditiously as possible; d. Registry directed to send the copy of this judgment to the trial Court forthwith. Sd/- (G BASAVARAJA) JUDGE PGG List No.: 1 Sl No.: 31