- 1 - HC-KAR NC: 2026:KHC:6745 CRL.A No. 89 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 89 OF 2026 BETWEEN: 1. SANTHOSH S S/O. SOMASHETTI, AGED ABOUT 40 YEARS, R/A HULUGUNDI VILLAGE, MADIHALLI HOBLI, BELURU TALUK, HASSAN DISTRICT - 573 115. 2. KESHAVAMURTHY S/O. SIDDASHETTI AGED ABOUT 62 YEARS, R/A HULUGUNDI VILLAGE, MADIHALLI HOBLI, BELURU TALUK, HASSAN DISTRICT - 573 115. …APPELLANTS (BY SRI. HONNESHA B.R, ADVOCATE) AND: 1. STATE OF KARNATAKA BY HALEBEEDU POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. 2. RAGHU H, S/O.HANUMAIAH, Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA. - 2 - HC-KAR NC: 2026:KHC:6745 CRL.A No. 89 of 2026 AGED ABOUT 44 YEARS, R/A HULUGUNDI VILLAGE, MADIHALLI HOBLI, BELURU TALUK, HASSAN DISTRICT - 573 115. …RESPONDENTS (BY SMT. ANITHA GIRISH, HCGP FOR R1; R2 SERVED AND UNREPRESENTED) THIS CRL.A IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT, 2015 PRAYING TO SET ASIDE THE ORDER DATED 14.01.2026 PASSED IN CRL.MISC.NO.21/2026 BY THE LD. I ADDL. DISTRICT AND SESSIONS AND SPL. JUDGE AT HASSAN AND CONSEQUENTLY ENLARGE THE APPELLANTS ON ANTICIPATORY BAIL, IN THE EVENT OF ARREST, WHO ARE THE ACCUSED NO.3 AND 4, IN CR.NO.195/2025, HALEBEEDU P.S. PENDING ON THE FILE OF I ADDL. DISTRICT AND SESSIONS COURT, HASSAN DISTRICT HASSAN, FOR THE ALLEGED OFFENCES P/U/S. 109, 115(2), 126(2) 352, 3(5) OF BNS ACT, 2023 AND AND U/S. 3(2)(va), 3(1)(r)(s) OF SC/ST (PA) AMENDMENT ACT, 2015. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT Notice is duly served as per the report submitted by the police Superintendent, Hassan District. 2. Respondent No.2 called out, remained absent and unrepresented. - 3 - HC-KAR NC: 2026:KHC:6745 CRL.A No. 89 of 2026 3. The appellants who are accused Nos. 3 and 4 have preferred this appeal against the impugned order passed by the first Additional District and Sessions Judge and Special Judge, Hassan, in Crl.Misc.No.21/2022 dated 14.01.2026. 4. The brief facts leading to filing of this appeal are that on the basis of a complaint filed by one Raghu H., Halebeedu police have registered a case in Crime No.195/2025 against the accused Nos. 1 to 4 for the commission of offence under Sections 109, 115(2), 126(2) 352, 3(5) of Bharatiya Nyaya Sanhita, 2023 and under Sections 3(2)(va), 3(1)(r)(s) of Schedule Caste and Schedule Tribes (Prevention of Atrocities) Amendment Act, 2015. 5. The appellants have filed application under Section 482 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of anticipatory bail, same came to be rejected by - 4 - HC-KAR NC: 2026:KHC:6745 CRL.A No. 89 of 2026 the trial Court. Being aggrieved by the rejection of bail, appellants have preferred this appeal. 6. I have heard the arguments of both sides and examined the materials placed before this Court. 7. On the basis of the complaint filed by Raghu H., the Halebeedu police have registered a case in Crime No. 195/2025 against accused Nos. 1 to 4 for the offence punishable under Sections 109, 115(2), 126(2) 352, 3(5) of Bharatiya Nyaya Sanhita, 2023 and under Sections 3(2)(va), 3(1)(r)(s) of Schedule Caste and Schedule Tribes (Prevention of Atrocities) Amendment Act, 2015. It is alleged in the complaint that on 30.12.2005 at 3.00 p.m. when the complainant was proceeding on a bike along with Raju, the accused Ravi wrongfully restrained him and abused and asked him as to the abusing of his father near diary. Then he told him that he has not abused his father. Then Gopi-accused No.2 brought iron rod from his car and all of a sudden gave a blow to the complainant on his head - 5 - HC-KAR NC: 2026:KHC:6745 CRL.A No. 89 of 2026 and back. Ravi has brought iron rods from his scooty and assaulted the complainant on his right and left arms. The brother-in-law of Gopi, accused No.3 Santosh came in a bike and pushed the complainant and all the accused abused the complainant in filthy language by referring his caste. The role of the accused No.3 is that, he pushed the complainant. Accused No.4 has abused the complainant in filthy language by referring his caste. 8. It is submitted by the learned counsel for the appellant that the injured has already been discharged from the hospital, Discharge Summary issued by the Sri. Chamarajendra HIMS Teaching Hospital, Hassan is produced. 9. A plain reading of the complaint does not reveal as to the presence of public while abusing the complainant by the accused by referring his caste. At this stage, there are no prima facie materials to constitute the penal provisions of Schedule Caste and Schedule Tribes - 6 - HC-KAR NC: 2026:KHC:6745 CRL.A No. 89 of 2026 (Prevention of Atrocities) Act, 1989. Considering the role of accused Nos.3 and 4, previous antecedents of these accused, nature and gravity of the offence, it is just and proper to allow this appeal. 10. Accordingly, I proceed to pass the following: ORDER (i) Appeal is allowed. (ii) The impugned order passed by the I Additional District and Sessions Judge and Special Judge, Hassan in Crl.Misc.No.21/2026 dated 14.01.2016 is set aside. (iii) Consequently application filed under Section 482 of BNSS filed on behalf of appellants Nos. 1 and 2 who are accused Nos. 3 and 4, is allowed. (iv) The appellants shall be released on bail in the event of their arrest in Crime No.195/2025 of Halebeedu Police on - 7 - HC-KAR NC: 2026:KHC:6745 CRL.A No. 89 of 2026 executing a self bond of Rs.50,000/- each with one surety to the satisfaction of trial Court. (v) Appellants shall not tamper or threaten the prosecution witness in any manner. (vi) Appellants shall assist investigating officer for his investigation. (vii) Appellants shall not indulge in the similar offence. Sd/- (G BASAVARAJA) JUDGE BVK List No.: 1 Sl No.: 15