- 1 - HC-KAR NC: 2026:KHC:6664 CRL.A No. 16 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 16 OF 2026 (U/S 14(A) (2)) BETWEEN: MANJUNATHA S/O THIMMEGOWDA AGED ABOUT 36 YEARS, R/AT SUNDARESH EXTENSION KODICAMP, TARIKERE TOWN, CHIKKAMAGALURU DISTRICT, NATIVE OF HONAGONDANAHALLI, GOLLARAHATTI VILLAGE, SHIRA TALUK, TUMAKURU DIST …APPELLANT (BY SRI. P.E.SURESH, ADVOCATE FOR SRI. UTSAV GOWDA P.S., ADVOCATE) AND: 1. STATE OF KARNATAKA BY LINGADAHALLI P.S CHIKKMAGALURU REP BY SPP HIGH COURT OF KARNATAKA 2. LAKSHMI S/O NARYANAPPA SUNDARESH BADAVANE, TARIKERE TOWN AND TALUK CHIKKAMAGALURU KARNATAKA- 577228 …RESPONDENTS (BY SRI.B.LAKSHMAN, HCGP FOR R1; R2 SERVED AND UNREPRESENTED) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6664 CRL.A No. 16 of 2026 THIS CRL.A. IS 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 PETITIONERS ON REGULAR BAIL IN CRIME NO.49/2024 REGISTERED BY THE LINGADALLI POLICE STATION FOR OFFENCES P/U/S 3(2)(V) AND 3(2)(vii) OF SCHEDULED CASTES AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) AMENDMENT ACT 2015 AND AFTER COMMITTAL IN SPL.NO.83/2024 NOW WHICH IS PENDING ON THE FILE OF THE I ADDL.DISTRICT AND SESSIONS JUDGE, AT CHIKKAMAGALURU. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT The appellant has preferred this appeal against the order dated 09.10.2025 passed by the I Additional District and Sessions Judge, Chikkamagaluru, in Special Case No. 83/2024. 2. The brief facts leading to the filing of this appeal are that on the basis of the complaint filed by one Lakshmi, W/o Naryanappa, on 23.07.2024, the Sub- Inspector of Police, Lingadahalli Police Station, has registered the case in UDR No.15/2024 under Section 194 (3) (iv) of the BNSS, 2023. - 3 - HC-KAR NC: 2026:KHC:6664 CRL.A No. 16 of 2026 3. Thereafter, on the basis of the complaint filed by Shashikumar.Y.S., Lingadahalli Police have registered the case in Crime No.49/2024 against the accused for the offences punishable under Sections 103 and 238 of BNS and Sections 3 (2)(v) and 3 (2)(vii) of the SC and ST (Prevention of Atrocities) Amendment Act, 2015. After investigation, IO has submitted the charge sheet against the accused, Manjunatha, for the commission of offence punishable under Sections 103 and 238 of BNS, 2023 and Sections 3 (2)(v) and 3 (2)(vii) of SC and ST (Prevention of Atrocities) Amendment Act, 2015. The accused was arrested and produced before the trial Court. 4. An application was filed under Section 483 of BNSS, 2023 in SPl.C.No.83/2024 before the I Additional District and Sessions Judge, Chikkamagaluru. The same came to be rejected by the trial Court on 09.10.2025. Being aggrieved by the said order, the appellant has preferred this appeal. - 4 - HC-KAR NC: 2026:KHC:6664 CRL.A No. 16 of 2026 5. I have heard the arguments on both sides, and examined the materials placed before this Court. 6. On the basis of the complaint filed by one Lakshmi, W/o Naryanappa, who is the elder sister of the deceased, the Sub-Inspector of Police, Lingadahalli Police Station, has registered the case in UDR No. 15/2024 under Section 194 (3)(iv) of the BNSS, 2023 on 23.07.2024. In this UDR complaint, the name of the accused is not found. After a lapse of 4 days from the date of the alleged incident, on the basis of the complaint filed by Shashikumar.Y.S., Lingadahalli Police have registered the case in Crime No.49/2024 against the accused for the commission of offences punishable under Section 103 and 238 of the BNS, 2023 and Sections 3 (2)(v) and 3 (2)(vii) of the SC and ST (Prevention of Atrocities) Amendment Act, 2015. 7. After investigation, IO has submitted the charge sheet against the accused - Manjunatha, for the - 5 - HC-KAR NC: 2026:KHC:6664 CRL.A No. 16 of 2026 commission of offences punishable under Sections 103 and 238 of BNS, 2023 and Sections 3 (2)(v) and 3 (2)(vii) of the SC and ST (Prevention of Atrocities) Amendment Act, 2015. A careful examination of the entire material on record, it is crystal clear that there are no eye-witnesses to this alleged incident. The entire case is based on circumstantial evidence. The learned counsel for the appellant has produced the final opinion given by the Senior Specialist, Aralaguppe Mallegowda District Hospital, Chikkamagaluru, in which it is opined as under: "On Perusal of your letter, post mortem report RFSL, Histopathology report, I am of the opinion that "DEATH IS DUE TO CEREBRAL HAEMORRHAGE AS A RESULT OF INJURY SUSTAINED TO HEAD. HOWEVER THE DECEASED HAD CONSUMED SUBSTANCE CONTAINING ETHYL ALOCHOL AND WAS UNDER ITS INFLUENCE PRIOR TO DEATH, QUANTUM OF ETHYL ALCOHOL = 73.125 mg/100 ml Blood." 8. Even in the voluntary statement of the accused, he has stated that he has not used any weapons for the alleged commission of offence. The accused is not - 6 - HC-KAR NC: 2026:KHC:6664 CRL.A No. 16 of 2026 required for further investigation. He is in judicial custody for more than one year seven months. Considering the nature and gravity of offence and the materials on record, without expressing any opinion, I am of the opinion that it is just and proper to allow this appeal, with conditions. 9. Accordingly, I proceed to pass the following order. ORDER i) The appeal is allowed. ii) The order passed by the First Additional District and Sessions Judge, Chikkamagaluru in Special Case No. 83/2024 dated 09.10.2025 is set aside. Consequently, application filed under Section 483 of BNSS is allowed. iii) The appellant/accused shall be released on bail upon executing a self bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with - 7 - HC-KAR NC: 2026:KHC:6664 CRL.A No. 16 of 2026 one surety for the likesum to the satisfaction of the trial Court; iv) The appellant/accused shall not tamper or threaten the prosecution witnesses in any manner. v) The appellant shall appear before the trial Court on all the dates of hearing without fail. vi) The appellant shall not leave the jurisdiction of the trial Court without prior permission from the trial Court. Registry is directed to send the copy of this order to the trial Court. Sd/- (G BASAVARAJA) JUDGE RCK List No.: 1 Sl No.: 32