- 1 - HC-KAR NC: 2026:KHC:9123 CRL.A No. 109 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 109 OF 2026 BETWEEN: SATHYANARAYANA BANDLAMUDI AGED ABOUT 48 YEARS, S/O KOTESHWARA RAO BANDLAMUDI, R/O NO.443, KHB COLONY, 5TH BLOCK, KORAMANGALA VI BK, BENGALURU- 560095. …APPELLANT (BY SRI. VENKATESH S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY DCRE POLICE, BANGALORE RURAL, REPTD BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE- 560 001 2. SHARAVANA AGED ABOUT 35 YEARS, S/O. LATE. VELU.D, R/O. NO.291, 9TH SQARE, MURPHY TOWN, NEAR GOOD SHEPHARD CHURCH, HALASURU, BENGALURU CITY, BENGALURU- 560 008 …RESPONDENTS Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:9123 CRL.A No. 109 of 2026 (BY SMT. N.ANITHA GIRISH., HCGP FOR R1; NOTICE TO R2 IS SERVED AND UNREPRESENTED) THIS CRL.A. IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT, 1989 PRAYING TO SET ASIDE THE ORDER DATED 14.01.2026 IN CRL.MISC NO.2449/2025, II ADDL.DISTRICT AND SESSIONS JUDGE, RURAL AT BANGALORE AND DIRECT THE STATION HOUSE OFFICER OF DCRE POLICE STATION, BENGALURU RURAL, BENGALURU TO RELEASE THE APPELLANT ON BAIL IN THE EVENT OF HIS ARREST IN CR NO .13/2025 OF DCRE POLICE STATION, BANGALORE RURAL DISTRICT, BENGALURU PENDING ON THE FILE OF THE HONBLE II ADDL.DISTRICT AND SESSIONS JUDGE AND SPECIAL JUDGE BENGALURU RURAL DISTRICT, BENGALURU FOR THE OFFENCES P/U/S 351(2), 318(3) AND 318(4) OF BNS 2023 AND U/S 3(1)(f), 3(1)(g), 3C1(1)(r)(s) OF THE SC/ST (POA) AMENDMENT ACT 2015, FOR THE REASONS STATED ABOVE. THIS APPEAL, COMING ON FOR ADMISSION THROUGH VIDEO CONFERENICNG / PHYSICAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA - 3 - HC-KAR NC: 2026:KHC:9123 CRL.A No. 109 of 2026 ORAL JUDGMENT The appellant has preferred this appeal against the order passed by the II Additional District and Sessions Judge and Special Judge, Bengaluru Rural District, Bengaluru in Criminal Miscellaneous No.2449/2025 dated 14.01.2026. 2. The brief facts leading to this appeal are that, on the basis of the complaint filed by Sri.Sharavana, the DCRE Police, Bengaluru Rural have registered the case in Crime No.13/2025 against the accused Sri.Sathyanarayana for the offences punishable under Sections 351(2), 318(4), 318(3) and 352 of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS, 2023') and Sections 3(1)(f),3(1)(g),3(1)(r)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention Of Atrocities) Amendment Act, 2015. 3. The appellant has filed application under Section 482 of BNSS, 2023 for grant of anticipatory bail. - 4 - HC-KAR NC: 2026:KHC:9123 CRL.A No. 109 of 2026 Same came to be rejected by the Trial Court. Being aggrieved by the rejection of the bail, the appellant has preferred this appeal. 4. I have heard the arguments of both sides and examined the material placed on record. 5. On the basis of the complaint filed by Sri.Sharavana, the DCRE Police, Bengaluru Rural have registered the case in Crime No.13/2025 against the accused for the offences punishable under Sections 351(2), 318(4), 318(3) and 352 of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS, 2023') and Sections 3(1)(f),3(1)(g),3(1)(r)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention Of Atrocities) Amendment Act, 2015. The date of incident is shown as 25.08.2025. The complaint came to be filed on 15.11.2025. After lapse of 2 months 20 days, the complaint was filed. The alleged offences are not punishable with death or imprisonment for life. However, the Investigating Officer has not issued - 5 - HC-KAR NC: 2026:KHC:9123 CRL.A No. 109 of 2026 the notice under Section 35 of the BNSS, 2023. The prosecution has not placed any materials before this Court that Investigating Officer has taken coercive steps to arrest the accused or taken steps under Section 35 of the BNSS, 2023. Even after lapse of 60 days, the Investigating Officer has not submitted the charge sheet against the accused as required under Sub-Rule 7(2) of SC/ST (POA) Rules, 1995. The Investigating Officer has not submitted any explanation as required under Rule 7(2A) of SC/ST (POA) Rules, 1995. The alleged incident took place between the complainant and accused as to the landed property and not because of the caste. 6. Considering the nature and gravity of offence and previous antecedents of the appellant and conduct of Investigating Officer, I proceed to pass the following: ORDER Appeal is allowed. - 6 - HC-KAR NC: 2026:KHC:9123 CRL.A No. 109 of 2026 i. The impugned order passed by the II Additional District and Sessions Judge and Special Judge, Bengaluru Rural District, Bengaluru in Criminal Miscellaneous No.2449/2025 dated 14.01.2026 is set aside. Consequently application filed under Section 482 of BNSS, 2023 filed on behalf of appellant who is accused is allowed. ii. The appellant shall be released on bail in the event of his arrest in Crime No.13/2025 of DCRE Police, Bengaluru Rural on executing a self bond of Rs.2,00,000/- with one surety for the likesum, to the satisfaction of the Investigating Officer. iii. Appellant shall not tamper or threaten the prosecution witness in any manner. iv. Appellant shall assist investigating officer for his investigation. v. Appellant shall not indulge in similar offence. - 7 - HC-KAR NC: 2026:KHC:9123 CRL.A No. 109 of 2026 vi. Appellant shall not leave the jurisdiction of the trial Court without prior permission. Sd/- (G BASAVARAJA) JUDGE CH List No.: 1 Sl No.: 64