- 1 - HC-KAR NC: 2026:KHC:6343 CRL.A No. 83 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 83 OF 2026 BETWEEN: 1. MR. NAGARAJ R. S/O. RAVIKUMAR B. AGED ABOUT 26 YEARS. 2. MR. RAVI @ RAVIKUMAR B. S/O. BASAPPA AGED ABOUT 48 YEARS RESIDING AT NIDIGE VILLAGE AND POST SHIVAMOGGA TALUK AND DISTRICT - 577 222. …APPELLANTS (BY SRI K.V.SATEESHCHANDRA, ADVOCATE) AND: 1. STATE BY SUPERINTENDENT OF POLICE DCRE POLICE STATION SHIVAMOGGA - 577 201. REPRESENTED BY ITS STATE PUBLIC PROSECUTOR KARNATAKA HIGH COURT BUILDING BENGALURU - 560 001. 2. MRS. TARA W/O. LOKESHAPPA AGED ABOUT 33 YEARS R/AT HUDKO COLONY Digitally signed by LAKSHMINARAYAN N Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6343 CRL.A No. 83 of 2026 NIDIGE, SHIVAMOGGA - 577 222. …RESPONDENTS (BY SMT. N. ANITHA GIRISH, HCGP FOR R1; R2 SERVED AND UNREPRESENTED) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14- A(2) OF SC AND ST (POA) ACT, 1989 READ WITH SECTION 482 OF B.N.S.S., 2023 PRAYING TO SET ASIDE THE ORDER DATED 07.01.2026 PASSED IN CRL.MISC.NO.1326/2025 BY II ADDITIONAL DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA 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 dated 07.01.2026 passed in Crl.Misc.No.1326/2025 by II Additional District and Sessions Judge, Shivamogga (for short 'trial Court'). 2. Brief facts leading to this appeal are that on the basis of the complaint filed by the victim, Shivamogga Police have registered the case in Crime No.7/2025 against accused Nos.1 to 3 for the commission of offence under Sections 3(2)(va), 3(1)(w)(i), 3(1)(r)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of - 3 - HC-KAR NC: 2026:KHC:6343 CRL.A No. 83 of 2026 Atrocities) Amendment Act, 2015 and Sections 351(3), 3(5), 352, 75(1)(ii)) of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS Act'). The appellants have filed an application under Section 482 of BNSS, 2023 before the trial Court in Crl.Misc.No.1326/2025 and the same came to be rejected on 07.01.2026. Being aggrieved by the impugned order, the appellants have preferred this appeal. 3. Learned counsel for appellants has reiterated the grounds urged in the memorandum of appeal and sought to allow this appeal. 4. I have examined the materials placed before this Court. On the basis of the complaint filed by the victim, Shivamogga Police have registered the case in Crime No.7/2025 against accused Nos.1 to 3 for the commission of offence under Sections 3(2)(va), 3(1)(w)(i), 3(1)(r)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 and Sections 351(3), 3(5), 352, 75(1)(ii)) of the Bharatiya - 4 - HC-KAR NC: 2026:KHC:6343 CRL.A No. 83 of 2026 Nyaya Sanhita, 2023. The order sheet pertaining to Crime No.72/2025 reveals that accused No.3 has already been arrested and produced before the trial Court, whereas the trial Court, vide its order dated 08.01.2026 has released accused No.3 on bail. 5. In the complaint, the victim has stated that the incident took place on 30.11.2025 at 09.30 p.m. The relevant portion of the complaint reads as under:- "xxx ನಂತರ ಾಂಕ 30.11.2025 ರಂದು ಾ 09:30 ಗಂೆ ಸಮಯದ £ÀªÀÄä PÀÄlÄA§zÀªÀgÁzÀ £Á£ÀÄ, £À£Àß ಗಂಡ ೋ"ೇಶಪ%, ಅ'ೆ( ಬಸಮ*, +ಾವ -ದ.ಪ%, /ಕ0'ೆ( 1ಾವ2ತಮ* 3ಾಗೂ £À£Àß 'ಾ4 ಲ67ಮ* 3ಾಗೂ ಸುಮ ಇವರು ಮೆಯ ಇರು9ಾಗ ಮೆಯ ಬ: ಬಂದ ಾಗಾಜ, Eವರ ತಂ<ೆ ರ=, 'ಾ4 >ಾಗ?ಮ* ಇವರು ನಮ* ಮೆಯ ಬ: ಬಂದವರು ಸೂ@ೆ ಮಕ0ಳ +ಾಗ ನನB ಮಕ0ಳ ನನB ಮಗ ಏೇ +ಾDದರು EೕವF ಸುಮ*ೆ ಇರGೇಕು ಇಲದ.ೆ Eಮ* ಮೆHೆ GೆಂI ಹ/K "ೊಲು'ೆ(ೕ9ೆ JAದು GೆದL"ೆ 3ಾI Mಾ Eಂದೆ +ಾDರು'ಾ(ೆ. ನಂತರ ಈ =Oಾರ9ಾP £ÀªÀÄä ಕುಟುಂಬದವೊಂHೆ ಚ/2- ತಡ9ಾP ಈ ವಸ ದೂರು Eೕಡು(ದು., £À£Àß vÀAV ಸುಮ ಇವ:Hೆ ಅಕಮ ಸಂಬಂಧ 3ೊಂದುವಂ'ೆ ಒ'ಾ(ಯ +ಾಡು(ದ. ಾಗಾಜ ಮತು( ನಮHೆ Mಾ Eಂದೆ +ಾD GೆದL"ೆ 3ಾIದ ರ=, >ಾಗ?ಮ* ಇವರ Uೕೆ ಸೂPÀÛ "ಾನೂನು ಕಮ ಜರುPಸ Gೇ"ಾP ªÀiÁ£ÀågÀ°è PÉÆÃjPÉƼÀÄîvÉÛãÉ." - 5 - HC-KAR NC: 2026:KHC:6343 CRL.A No. 83 of 2026 6. Though the alleged offence took place on 30.11.2025, the complainant-respondent No.2 has not lodged a complaint till 16.12.2025. After a lapse of sixteen days from the date of the alleged commission of offence, the complainant had filed the complaint against the accused. In the FIR at column number 3(c), it is stated that the complainant-respondent No.2 has discussed with the family members and thereafter, she filed a complaint belatedly. When the accused have committed the alleged commission of offence sixteen days is not required to file a complaint against the accused. At this stage, delay in filing the complaint would create doubt as to the alleged act of these accused. A plain reading of the complaint does not reveal as to whether the accused have abused the complainant-respondent No.2 by referring her caste in the presence of public. Hence, at this stage, there are no sufficient materials to constitute the penal provisions of Scheduled Castes and the Scheduled Tribes (Prevention of - 6 - HC-KAR NC: 2026:KHC:6343 CRL.A No. 83 of 2026 Atrocities) Act, 1989. Moreover, the alleged offences are not punishable with death or imprisonment for life. 7. Considering the delay in filing the complaint and release of accused No.3 by the trial Court, it is just and proper to allow this appeal with conditions. ORDER i. The appeal is allowed; ii. The impugned order dated 07.01.2026 passed in Crl.Misc.No.1326/2025 by II Additional District and Sessions Judge, Shivamogga, is set aside. Consequently, application filed under Section 482 of BNSS, 2023 is allowed; iii. The appellants shall be released on bail on executing a self bond of Rs.1,00,000/- (Rupees One Lakh only) each with one surety each for likesum to the satisfaction of the Investigating Officer, in the event of their arrest in Crime No.7/2025 of Shivamogga Police; - 7 - HC-KAR NC: 2026:KHC:6343 CRL.A No. 83 of 2026 iv. The appellants shall not tamper or threaten the prosecution witnesses in any manner; v. The appellants shall assist the Investigating Officer for investigation; vi. The appellants shall not indulge similar offence. Registry is directed to send the copy of this order to the trial Court. Sd/- (G BASAVARAJA) JUDGE CPN List No.: 1 Sl No.: 15