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2026 DAILYLAW 48615 (KAR)

SMT.PARVATHAMMA v. STATE BY KARNATAKA

CRL.A/1289/2025 · 2026-01-13

G Basavaraja

Criminal Appealbody2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:1835 CRL.A No. 1289 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 1289 OF 2025 BETWEEN: 1. SMT.PARVATHAMMA W/O JAYANNA AGED ABOUT 43 YEARS, R/AT NO.1322, REDDY PALYA BENGALURU NORTH VIMANAPURA, BENGALURU- 560 017. 2. SRI JAYAPPA, S/O MALLEGOWDA, AGED ABOUT 51 YEARS, 4/67, GOOLISANDIRAM GOPANAPALLI KRISHNAGIRI, TAMILNADU- 635110. ALSO RESIDING AT NO.647, 2ND A CROSS, L B SHASHTRI NAGAR BENGALURU- 560 017. &APPELLANTS (BY SMT. SANJANA J KADUR., ADVOCATE) AND: 1. STATE BY KARNATAKA BY HAL POLICE STATION, REP BY HCGP HIGH COURT, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:1835 CRL.A No. 1289 of 2025 BENGALURU- 560 001. 2. M RAVI S/O MUNIYAPPA, AGED ABOUT 52 YEARS, R/AT 1ST CROSS, JYOTHI NAGAR, HAL POST, BENGALURU- 560 008. &RESPONDENTS (BY SRI. M.DIWAKAR MADDUR, HCGP FOR R1; SRI.H.T.JAGANNATHA, ADVOCATE FOR R2) 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 IMPUGNED ORDER DATED 12.05.2025 PASSED BY THE LEARNED LXX ADDL. CITY CIVIL DIST. AND SESSIONS JUDGE AT BENGALURU (CCH-71) IN CR.NO.166/2025 AND ALLOW THIS APPEAL IN CRL.MIS.NO.3530/2025 AND ALLOW THIS APPEAL., AND ETC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:1835 CRL.A No. 1289 of 2025 CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT 1. The appellant has preferred this appeal against the order passed by the LXX Additional City Civil and Sessions Judge and Special Judge, Bengaluru (CCH - 71) in Crl.Misc.No.3530/2025 dated 12.05.2025. 2. The brief facts leading to filing of this appeal is that; on the basis of the complaint filed by Sri.M.Ravi, H.A.L Police have registered a case in Crime No.166/2025 against accused Nos.1 and 2 for commission of the offences punishable under Section 3(1)(r)(s) of SC and ST (Prevention of Atrocities) Act, 1989 and Section 3(5) and 352 of the Bharatiya Nyaya Sanhita (BNS), 2023. 3. The appellants had filed an application under Section 482 of Cr.P.C for grant of anticipatory bail. The same came to be dismissed by the Trial Court. Being aggrieved by this order, the appellants preferred this appeal. - 4 - HC-KAR NC: 2026:KHC:1835 CRL.A No. 1289 of 2025 4. Heard learned counsel for the appellants and respondent No.2 and learned High Court Government Pleader for respondent No.1. 5. It is submitted by learned counsel for respondent No.2 that, the present appellants had preferred petition under Section 482 of Cr.P.C to quash the proceedings before this the Co-ordinate Bench of this Court in Crl.P.No.8094/2025 and the matter was stayed by the Co-ordinate Bench of this Court. Still, the stay order is in force. 6. Learned counsel for the appellants would submit that if the stay is vacated, there is an apprehension of arrest by the Investigating Officer. Hence, he sought for allowing this application. 7. The alleged offences are not punishable with death or imprisonment for life. Considering the nature and gravity of the offences, the delay in filing the complaint and previous antecedents of these appellants, it is just and - 5 - HC-KAR NC: 2026:KHC:1835 CRL.A No. 1289 of 2025 proper to allow this appeal with conditions. Accordingly, I proceed to pass the following; ORDER The appeal is allowed. The impugned order passed by LXX Additional City Civil and Sessions Judge and Special Judge, Bengaluru (CCH-71) in Crl.Misc.No.3530/2025 dated 12.05.2025 is set aside. Consequently, the petition filed under Section 482 of BNS, 2023 is allowed with conditions; (i) The appellants shall be released on bail on executing a self bond for a sum of ¹50,000/- (Rupees fifty thousand only) each, with one surety for the likesum in the event of their arrest in Crime No.166/2025 of H.A.L Police. (ii) The appellants shall assist the Investigating Officer for investigation. (iii) The appellants shall not tamper or threaten the prosecution witnesses in any manner. - 6 - HC-KAR NC: 2026:KHC:1835 CRL.A No. 1289 of 2025 (iv) The appellants shall not indulge in similar offences. Registry is directed to send copy of this order to the Trial Court. Sd/- (G BASAVARAJA) JUDGE GH List No.: 1 Sl No.: 30