- 1 - HC-KAR NC: 2026:KHC:5700 CRL.A No. 35 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO.35 OF 2026 (U/S 14(A) (2)) BETWEEN: 1. SRI VASANTHA S/O. G.K. SHIVARAJU, AGED ABOUT 45 YEARS, 2. SRI G.K. SHIVARAJU C/O. KALEGOWDA, AGED ABOUT 52 YEARS, 3. SRI CHANDRASHEKAR .S. RAJ @ CHANDDU, C/O. K. SHIVARAJU, AGED ABOUT 25 YEARS, APPELLANT NO.1 TO 3 ARE RESIDING AT GADASAHALLI VILLAGE, SHIVANAHALLI GRAMA PANCHAYATH, KASABA HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT-562 117. 4. SMT. LAKSHMAMMA W/O. KAALEGOWDA, AGED ABOUT 71 YEARS, GADASAHALLI VILLAGE, SHIVANAHALLI, RAMANAGARA DISTRICT-562 117. …APPELLANTS (BY SRI N. SRINIVAS, ADVOCATE) AND: 1. STATE OF KARNATAKA BY RAMANAGARA WOMEN POLICE STATION, RAMANAGARA-562 159, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5700 CRL.A No. 35 of 2026 REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BANGALORE-560 001. 2. SMT. JAYALAKSHMI @ PRAPTHI, W/O. BHASKAR S. RAJ, AGED ABOUT 21 YEARS, R/AT NEAR SBI BANK KOTE BEEDHI, HAROHALLI TOWN, BENGALURU SOUTH DISTRICT, BENGALURU-562 112. …RESPONDENTS (BY SRI M. DIWAKAR MADDUR, HCGP FOR R-1) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14(A)(2) OF SC/ST (POA) ACT, 2015 PRAYING TO SET ASIDE THE ORDER DATED 22.12.2025 PASSED IN CRL.MISC. NO.959/2025 BY HON’BLE COURT OF THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, RAMANAGARA AND ETC. THIS APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT The appellants have preferred this appeal against the order passed by the I Additional District and Sessions Judge, Ramanagara in Crl. Misc. No.959/2025 dated 22.12.2025. 2. Brief facts leading to this appeal are that the complainant filed a complaint against accused Nos.1 to 5 in Crime No.133/2025 for the offences punishable under - 3 - HC-KAR NC: 2026:KHC:5700 CRL.A No. 35 of 2026 Sections 85, 115 (2), 352, 351 (2) of Bharatiya Nyaya Sanhita, 2023 and Sections 3 (1)(r)(s), 3 (2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 and Sections 3 and 4 of the Dowry Prohibition Act, 1961. 3. The appellants have filed application under Section 482 of Bharatiya Nagarika Suraksha Sanhita, 2023 seeking anticipatory bail. The same came to be rejected on 22.12.2025 by the I Additional District and Sessions Judge, Ramanagara. Being agreed by this order, the appellants have preferred this appeal. 4. Learned counsel for the appellants would submit that the appellants are innocent of the offences levelled against them and have been falsely implicated by the complainant and her family members as an afterthought and by inventing story to foist the appellants in the alleged crime. Accused No.1, who is the husband of the complainant was absconding, he had not moved any - 4 - HC-KAR NC: 2026:KHC:5700 CRL.A No. 35 of 2026 bail petition. The complainant has not whispered about specific act or role played by each of the accused so as to hold them guilty of the alleged offences. The averments in the complaint makes it clear that the alleged incident took place on 17.11.2024, however, the complainant had chose to file the complaint only on 25.09.2025. Further, the complainant has admitted that the last date of the incident was 08.06.2025. Thus, there is an enormous delay in filing the present complaint. The contents of FIR do not reveal that the present appellants abused the complainant in the presence of public. Hence, the penal provisions of the SC and ST (POA) Act are not applicable to the case on hand. The Investigating Officer has not issued the notice under Section 35 of BNSS, 2023. The charge sheet has already been filed against the accused and the appellants are not required for any further investigation. On these grounds, he seeks to allow the appeal. 5. I have examined the materials placed before this Court. A plain reading of the contents of the complaint - 5 - HC-KAR NC: 2026:KHC:5700 CRL.A No. 35 of 2026 reveals that the present appellants have not abused the complainant by referring her caste in presence of public. The complainant is the wife of accused No.1. Accused Nos.2 to 5 are the parents, brother and grand-mother of accused No.1. The alleged incident is stated to have taken place in the house of accused No.1. The investigation has already been completed and the charge sheet has been filed against the accused for the alleged commission of offences. The offences alleged are not punishable with death or imprisonment for life. Considering the nature and gravity of offences, the inordinate delay in filing the complaint and relationship between accused Nos.2 to 5 and the complainant, it is just and proper to allow the present appeal. Accordingly, I proceed to pass the following: ORDER The appeal is allowed. The impugned order passed by I Additional District and Sessions Judge, Ramanagara in Crl. Misc. No.959/2025 dated 22.12.2025 is set aside. - 6 - HC-KAR NC: 2026:KHC:5700 CRL.A No. 35 of 2026 Consequently, the petition filed under Section 482 of BNSS, 2023 is allowed with conditions; (i) The appellants shall be released on bail on executing a self bond for a sum of ` 1,00,000/- (Rupees One lakh only) each, with one surety each for the likesum to the satisfaction of the Trial Court. (ii) The appellants shall appear before the Trial Court on all the dates of hearing without fail. (iii) The appellants shall not tamper or threaten the prosecution witnesses in any manner. Registry is directed to send copy of this order to the Trial Court. Sd/- (G BASAVARAJA) JUDGE MBM List No.: 1 Sl No.: 6