- 1 - HC-KAR NC: 2026:KHC:4677 CRL.A No. 44 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 44 OF 2026 (U/S 14(A) (2)) BETWEEN: MR. SUDHAKAR S/O. THIMMEGOWDA, AGED ABOUT 45 YEARS, R/AT HAVALLI, ALDUR VILLAGE, CHIKKAMAGALURU TALUK AND DISTRICT – 577101. (NOW IN JUDICIAL CUSTODY DISTRICT PRISON, CHIKKAMAGALURU) …APPELLANT (BY SRI. KARIAPPA N.A., ADVOCATE) AND: 1. STATE OF KARNATAKA BY ALDUR POLICE STATION, CHIKKAMAGALURU -577101. (REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560001). 2. SRI. RAVINDRA. G.S. S/O. SUNDAR. G.N., AGED 28 YEARS, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4677 CRL.A No. 44 of 2026 MASON, R/AT GALIGANTI, ALDURU, CHIKKAMAGALURU-577101. …RESPONDENTS (BY SRI. B. LAKSHMAN, HCGP FOR R1; R2-SERVED AND UNREPRESENTED) 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 SET ASIDE THE ORDER DATED 07.01.2025 PASSED IN CR.NO.213/2025 OF ALDUR P.S. CHICKKAMAGALURU TALUK AND DISTRICT, FOR OFFENCES U/S. 352, 109 OF BNS AND U/S. 3(1)(r), 3(1)(s) AND 3(2)(v) OF SC AND ST (PREVENTION OF ATROCITIES ACT, 1989 WHICH IS PASSED ON THE FILE OF HONBLE 1ST ADDL. SESSIONS JUDGE AND SPECIAL JUDGE, CHIKKAMAGALURU AND CONSEQUENTLY RELEASE HIM ON BAIL. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA - 3 - HC-KAR NC: 2026:KHC:4677 CRL.A No. 44 of 2026 ORAL JUDGMENT The appellant had preferred this appeal against the impugned order passed by the I Additional Sessions and Special Judge, Chikkamagaluru in Crime No.213/2025 dated 07.01.2026. 2. The brief facts leading to this appeal is that on the basis of the complaint filed by Ravindra G.S., Aldur police have registered the case in Crime No.213/2025 against the accused for the commission of offence under Section 352, 109 of Bharatiya Nyaya Sanhita, 2023 and Section 3(1)(r), 3(1)(s), 3(2)(v) of the SC & ST (Prevention of Atrocities) Amendment Act, 2015. After arrest of the accused, he was remanded to judicial custody. On the behalf of the accused, an application was filed under Section 483 of Bharatiya Nagarika Suraksha Sanhita, 2023, same came to be rejected. Being aggrieved by the impugned order, the appellant had preferred this appeal. 3. Learned counsel appearing on behalf of the appellant would submits that the allegations made in the complaint do not constitute any offence under the Provisions of Scheduled Castes and Scheduled Tribes (POA) Act, 2015 - 4 - HC-KAR NC: 2026:KHC:4677 CRL.A No. 44 of 2026 because the accused has not abused or assaulted the complaint on the ground that he belongs to a Scheduled Caste as laid down by the Hon'ble Supreme Court in Hitesh Verma vs. State of Uttarakhand reported in 2020 (10) SCC 710. The incident of quarrel developed because of previous loan amount taken by the complainant from the appellant and the appellant never knew that complainant belongs to Scheduled Caste. He did not abuse him in public view and not assaulted because he belonged to Scheduled Caste. Because of old inimicalness on 27.12.2025 at 3.30 pm., respondent No.2 has picked up quarrel with the appellant and the appellant was assaulted by complaint. Later in the evening at 7.15 pm., again the complainant has come along with 7-8 persons of Dalit Sangha near finance office of appellant and tried to trespass of his finance office and assault him. At that juncture the appellant has to protect his life and property and prevented the attack on him and protect his life and use of force and push and pull was necessary and he did not assault with chopper to complainant. Thereafter no act of assault with chopper was committed by the appellant. The complainant, who had sustained minor injury to head due to door push impact had tried to give colour of - 5 - HC-KAR NC: 2026:KHC:4677 CRL.A No. 44 of 2026 assault with chopper. Now the complainant has been discharged from District Hospital, he is not undergoing treatment and he has fully recovered. Further, it is submitted that accused is not required for further investigation and he is ready to abide the conditions imposed by this Court and on this ground sought for allow this appeal. As against this, the Learned High Court Government Pleader B. Lakshman would submit that the Trial Court has properly appreciated the materials on record and passed the impugned order that there are no materials to interfere with the impugned order and sought for dismissal of this appeal. 4. I have carefully examined the materials placed before this Court. On the base of the complaint filed by Ravindra G.S., Aldur police have registered the case in Crime No.213/2025 against the accused for the alleged commission of offences under Section 352, 109 of Bharatiya Nyaya Sanhita, 2023 and Section 3(1)(r), 3(1)(s), 3(2)(v) of the SC & ST (Prevention of Atrocities) Amendment Act, 2015 against this accused and submitted the FIR to the Court. The accused was arrested on 29.12.2025 and he was remanded to judicial - 6 - HC-KAR NC: 2026:KHC:4677 CRL.A No. 44 of 2026 custody. In the complaint, it is stated that the accused has assaulted to the complainant with kathi on right index finger and sustained bleeding injury. The memo along with the wound certificate issued by Karnataka Medical Department, District Hospital, Chikkamagalur has produced. The injuries are shown as lacerated wound over right index finger 3X2 cm., lacerated wound over left side of the temporal parietal region (4X3) cms. Doctors have opined that injuries are simple in nature. The accused is not required for further investigation. The alleged offences are not reasons for death or imprisonment for life. 5. Taking into consideration of the nature and gravity of offence and injuries shown in the wound certificate, it is just and proper to allow this appeal with conditions. Accordingly, I proceed to pass the following: ORDER i) The appeal is allowed. ii) The impugned order passed by the I Additional Sessions and Special Judge at Chikkamagalur in Crime No.213/2025 dated 07.01.2026 is set aside. Consequently, the application filed under Section - 7 - HC-KAR NC: 2026:KHC:4677 CRL.A No. 44 of 2026 483 of Bharatiya Nagarika Suraksha Sanhita, 2023 is allowed. iii) The appellant/accused shall be released on bail on executing a self bond of Rs.1,00,000/- with one surety for likesum to the satisfaction of the Trial Court. iv) The appellant shall not tamper or threaten the prosecution witnesses in any manner. v) The appellant shall appear before the IO whenever called by him during the course of investigation. vi) The appellant shall not indulge in the similar offences. Registry is directed to send the copy of this order to the concerned Court. SD/- (G BASAVARAJA) JUDGE BN List No.: 1 Sl No.: 12