Dismissed¶42

Sri Mahesh Gowda v. State by

Karnataka HC9 Jul 2025CRL.A/1100/2025

Case brief

AI extract

What is this about?

Karnataka High Court (M G Uma, J., oral judgment dated 09.07.2025) dismissed CRL.A No.1100 of 2025 filed under S.14A(2) SC/ST (POA) Act seeking bail in Crime No.21/2025 of Bengaluru Rural District Women P.S. for offences under Ss.3(5), 64, 87, 351(2) of BNS 2023 and S.3(2)(v) of SC/ST Act; allegations of rape on a 20-year-old by accused Nos.1 and 2 on 25.01.2025; FIR filed 10.02.2025; appellant apprehended 11.02.2025; investigation incomplete and charge sheet not filed; allegations serious; bail refused, appeal dismissed. No precedents cited.

What did the court decide?

The point framed for consideration - whether the appellant is entitled to grant of bail under Section 14A(2) of the SC/ST (Prevention of Atrocities) Act, 1989 - is answered in the negative; the appellant is not entitled to bail, and the appeal is dismissed. ¶32

Sri Mahesh Gowda Vs State by — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:24995 CRL.A No. 1100 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9^TH DAY OF JULY, 2025

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BEFORE

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THE HON'BLE MRS. JUSTICE M G UMA CRIMINAL APPEAL NO. 1100 OF 2025 (U/S 14(A) (2))

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BETWEEN:

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SRI. MAHESH GOWDA @ S. MAHESH S/O SOORAPPA .J AGED ABOUT 29 YEARS, R/AT. HOUSE NO.11, 2^ND MAIN, MYSORE LAMP LAYOUT, 8^TH MILE, BENGALURU - 560 056

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…APPELLANT

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(BY SRI. MAHESH CHANDRA B.N., ADVOCATE FOR SRI. MANIKANTA H.B., ADVOCATE)

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AND:

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Digitally signed by SWAPNA V Location: High Court of Karnataka

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STATE BY BENGALURU RURAL DISTRICT WOMEN PS REPRESENTED BY HCGP HIGH COURT BUILDING HIGH COURT OF KARNATAKA AT BANGALORE - 560 001

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AISHWARYA S. HOUNSANUR, D/O SHESHAPPA HOUNSANUR, AGED ABOUT 20 YEARS, R/AT ATHREYA AYURVEDIC COLLEGE, HOMESTAY, PG, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT - 561 203, PERMANENT RESIDENT OF GANDHINAGAR, GADAG TOWN - 582 102

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…RESPONDENTS

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(BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1

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SRI. BHASKAR GOWDA N.M., ADVOCATE FOR R2 (ABSENT))

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NC: 2025:KHC:24995 CRL.A No. 1100 of 2025

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HC-KAR

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THIS CRL.A IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT PRAYING TO ALLOW THE PRESENT APPEAL AND PASS AN ORDER ENLARGING THE APPELLANT ON BAIL FOR THE OFFENCE ALLEGED UNDER SEC.3(5), 64, 87, 351(2) OF BNS ACT 2023 AND SEC.3(2)(V) OF SC/ST (POA) ACT REGISTERED UNDER CRIME (FIR)NO.21/2025, BENGALURU RURAL DISTRICT WOMEN P.S. AND PENDING ON THE FILE OF ADDL.CIVIL JUDGE (JR.DN) AND J.M.F.C COURT DODDABALLAPURA BENGALURU RURAL DISTRICT.

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THIS CRL.A, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MRS. JUSTICE M G UMA

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ORAL JUDGMENT

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The appellant - accused No.1 is before this Court seeking grant of bail under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as ‘the SC/ST Act’ for short) in Crime No.21/2025 of Doddaballapura Police Station, Bengaluru, pending before the learned Additional Civil Judge (Jr.Dn) & JMFC Court, Doddaballapura, Bengaluru Rural District, registered for the offences punishable under Sections 3(5), 64, 87, 351(2) of BNS, 2023 and Section 3(2)(v) of the SC/ST Act, on the basis of the first information lodged by informant - Kumari Aishwarya S Hounsanur.

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Heard Sri Mahesh Chandra.B.N, learned counsel for Sri. Manikanta.H.B, learned counsel for the appellant, Smt. Rashmi Jadhav, learned Additional SPP for respondent No.1 and

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3 - NC: 2025:KHC:24995 CRL.A No. 1100 of 2025

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HC-KAR

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Sri. Bhaskar Gowda.N.M, learned counsel for respondent No.2. Perused the materials on record.

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In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is:

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“Whether the appellant is entitled for grant of bail under Section 14A(2) of SC/ST (Prevention of Atrocities) Act, 1989?”

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My answer to the above point is in ‘Negative’ for the

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following:

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R E A S O N S

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The victim aged 20 years filed the first information with Doddaballapura, Bengaluru Rural District, Women Police Station against accused Nos.1 and 2 stating that accused No.1 came in contact with her through social media and on 25.01.2025, he called her at 7.30 pm and invited for dinner. The victim had gone near the college but refused to go for dinner. Accused No.2 had accompanied accused No.1 at that time. Accused No.1 forcibly committed rape on the victim in the car and criminally intimidated her not to reveal this fact to any

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4 - NC: 2025:KHC:24995 CRL.A No. 1100 of 2025

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HC-KAR

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other person. Later, accused No.1 went away, informing accused No.2 that he has booked a room in a hotel and accordingly, accused No.2 took the victim to the hotel room, where he committed rape. On 26.01.2025, accused No.2 left the victim near the bus stop and went away. This fact was informed by the victim to her sister on 05.02.2025 and the first information came to be filed on 10.02.2025.

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The allegations made against the appellant is of serious nature. Even though he was apprehended on 11.02.2025, admittedly, the investigation is not yet completed and charge sheet is not filed. Under such circumstances, I do not find any justification to enlarge the appellant on bail.

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Accordingly, I answer the above point in the negative and proceed to pass the following:

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ORDER

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The appeal is dismissed.

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Sd/(M G UMA) JUDGE

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SPV CT:VS List No.: 1 Sl No.: 24

Sri Mahesh Gowda v. State by

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Sri Mahesh Gowda v. State by

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