- 1 - HC-KAR NC: 2026:KHC:1056 CRL.A No. 2485 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 2485 OF 2025 (U/S 14(A) (2)) BETWEEN: 1. SRI. VENKATAPPA S/O. LATE KENCHAPPA, AGE 59 YEARS 2. SMT. LAKSHMAMMA, W/O. VENKATAPPA, AGED ABOUT 53 YEARS, PETITIONER NOS.1 AND 2 ARE R/AT CHIKKANNA VALASE, MARALAVADI HOBLI, HAROHALLI TALUK, BENGALURU SOUTH DISTRICT- 562 112. 3. SRI. MAHADEVA @ MAHADEVAIAH, S/O. MAHADEVAIAH @ VEERA MADAIAH, AGED ABOUT 54 YEARS, 4. SMT. SAVITHA @ SAVITHA SHREE, AGED ABOUT 41 YEARS, APPELLANT NOS.3 AND 4 ARE R/AT HOSAKOTE VILLAGE, HAROHALLI HOBLI TALUK, BENGALURU SOUTH DISTRICT- 562 112. …APPELLANTS (BY SRI. PRASAD B S., ADVOCATE) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:1056 CRL.A No. 2485 of 2025 AND: 1. THE STATE OF KARNATAKA BY HAROHALLI P.S., REP BY SPP HIGH COURT BUILDING BANGALORE- 560 001. 2. SRI. VENKATALAKSHMI, W/O CHIRANJEEVI, AGED ABOUT 30 YEARS, R/AT VIVEKANANDA NAGARA, KANAKAPURA TOWN TALUK- 562 112. BENGALURU SOUTH DISTRICT. …RESPONDENTS (BY SMT. N ANITHA GIRISH.,HCGP FOR R1; SRI. ANTONY IGNATIUS M J.,ADVOCATE FOR R2) THIS CRL.A IS FILED U/S 14(A)2) OF SC/ST (POA) ACT BY THE ADVOCATE FOR THE APPELLANT PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE APPELLANTS ANTICIPATORY BAIL IN CR.NO.228/2025 IN SPL.C.NO.252/2025 PENDING ON THE FILE OF I ADDL.DISTRICT AND SESSIONS JUDGE AT RAMANAGARA FOR THE OFFENCE P/U/S 115(2),74,351(2),352 R/W 190 OF BNS 2023 AND SEC.3(1)(r),3(1)(s), 3(2)(va) OF SC/ST (POA) AMENDMENT ACT REGISTERED BY THE RESPONDENT IN HAROHALLI P.S. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA - 3 - HC-KAR NC: 2026:KHC:1056 CRL.A No. 2485 of 2025 ORAL JUDGMENT The appellants have preferred this appeal against the order passed by the I Additional District and Sessions Judge, Ramanagara in Criminal Miscellaneous No.830/2025 dated 11.11.2025. 2. The brief facts leading to this appeal are that, on the basis of the complaint filed by one Smt. Venkatalakshmi, Harohalli police has registered the case in Crime No.228/2025 against accused Nos.1 to 5 and others for the commission of offences under Sections 238, 69, 74, 115(2), 351(2), 352 and 190 of the Bharatiya Nyaya Sanhita, 2023 (for short 'the BNS, 2023') and under Section 3(1)(r)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (for short 'the SC and ST (POA) Act, 2015'). The appellants have filed application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'the BNSS, 2023') for grant of anticipatory bail, - 4 - HC-KAR NC: 2026:KHC:1056 CRL.A No. 2485 of 2025 which came to be dismissed. Being aggrieved by the said order, the appellants have preferred this appeal. 3. Learned counsel for the appellants submits that accused No.1 already released on bail in Crime No.228/2025. The charge sheet has already submitted before the trial Court. Hence, the appellants are not required for any investigation. Absolutely that there are no ingredients to constitute the offence for the penal provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The other offences are not punishable either with the death or imprisonment for life. The same are triable by Court of Magistrate. The appellants have not committed any offence as alleged against them and accordingly, sought to allow this appeal. 4. I have examined the materials placed before this Court. 5. The Investigating Officer has submitted the charge sheet against accused Nos.1 to 5 for the - 5 - HC-KAR NC: 2026:KHC:1056 CRL.A No. 2485 of 2025 commission of offences punishable under Sections 238, 69, 74, 115(2), 351(2), 352 and 190 of the BNS, 2023 and under Section 3(1)(r)(s) and 3(2)(va) of the SC and ST (POA) Act, 2015. Accused No.1 is already released on bail by the trial Court. These appellants are not required for further investigation. The FIR does not reveal as to the name of the public who were present at the time of abusing the victim by referring their caste. 6. Considering the nature, gravity of offences and the bail granted to accused No.1, I am of the opinion that it is just and proper to allow this appeal. Accordingly, I proceed to pass the following: ORDER. i) The appeal is allowed. ii) The impugned order passed by the I Additional District and Sessions Judge, Ramanagara in Criminal Miscellaneous - 6 - HC-KAR NC: 2026:KHC:1056 CRL.A No. 2485 of 2025 No.830/2025 dated 11.11.2025, is set aside. iii) Consequently, application filed under Section 482 of the BNSS, 2023 is allowed. iv) Since charge sheet has already submitted against the appellants, the appellants shall appear before the trial Court regularly. v) The trial Court is directed to release the appellants on bail upon executing a self bond of Rs.1,00,000/- each with one surety for likesum to the satisfaction of the trial Court. vi) The appellants shall not tamper or threaten the prosecution witnesses in any manner. vii) The appellants shall not indulge in similar offences. - 7 - HC-KAR NC: 2026:KHC:1056 CRL.A No. 2485 of 2025 viii) The appellants shall not have any kind of communication with the victim till the conclusion of trial. ix) Registry is directed to send a copy of this order to the trial court. Sd/- (G BASAVARAJA) JUDGE PHM List No.: 1 Sl No.: 23