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Basavaraju v. State of Karnataka

Karnataka HC23 Oct 2025CRL.A/1816/2025

Case brief

AI extract

What is this about?

Anticipatory bail; Section 482 BNSS; Section 14-A(2) SC/ST (Prevention of Atrocities) Act appeal; Crime No.89/2025 Biligere Police Nanjangud; charge-sheet filed; no custody sought by investigating officer; Section 35 BNSS arrest notice not issued; offence not punishable with death or life imprisonment; self-bond Rs.1,00,000/-; G Basavaraja J; Karnataka High Court 23.10.2025; NC: 2025:KHC:41972.

What did the court decide?

Anticipatory bail under section 482 of BNSS-2023 granted subject to conditions: (a) self-bond of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the trial court; (b) surrender before the trial court since charge-sheet is filed; (c) not to tamper with or threaten prosecution witnesses; (d) appearance before the trial court on all dates of hearing. ¶45

Basavaraju Vs State of Karnataka — Anticipatory Bail | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the appellant is entitled to anticipatory bail in Crime No.89/2025 of Biligere Police (registered under the SC/ST (POA) Act and BNSS/BNS provisions), such that the trial court's order rejecting his section 482 BNSS application should be set aside and the police directed to enlarge him on bail upon arrest.

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Court's answer

After filing the charge-sheet, the investigating officer did not seek custody of the accused for any purpose or further investigation, and had not issued the arrest notice required under section 35 of BNSS-2023 before filing the charge-sheet; this conduct shows the accused is not required for further investigation.

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Ratio / Principle

The offence alleged is not punishable with death penalty or imprisonment for life.

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Key takeaways

The prosecution placed no material to show that the investigating officer made efforts to arrest the accused before submitting the charge-sheet.ratio¶42
The appeal is allowed; the order dated 29.07.2025 in Criminal Misc.No.1095 of 2025 is set aside and the anticipatory bail application under section 482 of BNSS-2023 is allowed, conditional on execution of a self-bond of Rs.1,00,000/- with one like-sum surety, surrender before the trial court (charge-sheet having been filed), abstention from tampering with or threatening prosecution witnesses, and appearance on all hearing dates.ratio¶45

Detailed headnote1 paragraphs

Criminal appeal under Section 14(A)(2) of the SC/ST (POA) Act against rejection of an anticipatory bail application under Section 482 BNSS in Crime No.89/2025 of Biligere Police (offences under Sections 118(1), 352 BNSS/BNS 2023 and Sections 3(1)(r)/(s), 3(2)(va) of the SC/ST POA Act, 2015). Allowing the appeal, the High Court (G Basavaraja, J.) held that after filing of the charge-sheet the investigating officer had neither sought custody of the accused nor issued the arrest notice required under Section 35 BNSS-2023, showing the accused was not required for further investigation; the offence was not punishable with death or life imprisonment and no material showed pre-charge-sheet efforts to arrest. The order dated 29.07.2025 of the VI Additional District & Sessions Judge, Mysore, was set aside and anticipatory bail granted on a self-bond of Rs.1,00,000/- with one like-sum surety, with conditions of surrender, non-tampering with witnesses and appearance on all hearing dates.

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NC: 2025:KHC:41972 CRL.A No. 1816 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 23^RD DAY OF OCTOBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE G BASAVARAJA

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CRIMINAL APPEAL NO. 1816 OF 2025

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BETWEEN:

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BASAVARAJU S/O B. MADEGOWDA AGED ABOUT 48 YEARS RESIDING AT DOOR NO. 1017 MOODAHALLI VILLAGE, CHIKKAIAHNA CHATRA HOBLI, NANJANGUD TALUK, MYOSORE DISTRICT - 571301

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…APPELLANT

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(BY SRI. SATHISH N S., ADVOCATE)

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AND:

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Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA

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STATE OF KARNATAKA BILIGERE POLICE STATION NANJANGUD TALUK. MYSORE DISTRICT. (REPRESENTED BY THE LEARNED STATE PUBLIC PROSECUTOR) HIGH COURT BUILDING BENGALURU-01

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NINGARAJUSWAMY S/O LATE NINGAIAH AGE 41 YEARS R/AT HADINARU VILLAGE CHIKKAIAHANA CHATA HOBLI

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2 - NC: 2025:KHC:41972 CRL.A No. 1816 of 2025

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HC-KAR

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NANJANGUD TALUK MYSORE DISTRICT 571302

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…RESPONDENTS

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(BY SRI. RANGASWAMY R., HCGP FOR R1)

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CRL.A 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 A. SET ASIDE THE ORDER DATED 29.07.2025, IN CRL.MISC.NO.1095/2025 OF FILE OF HONBLE 6TH ADDL. DISTRICT AND SESSIONS COURT, AT MYSORE REGARDING BAIL.B. DIRECT THE RESPONDENT POLICE ENLARGE THE APPELLANT ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CR.NO.89/2025, OF BILIGERE POLICE, NANJANGUD TALUK, MYSORE DISTRICT, BY ALLOWING THIS PETITION.

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THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE G BASAVARAJA

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ORAL JUDGMENT

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This appeal by the appellant is against the order dated 29^th July 2025, passed in Criminal Misc.No.1095 of 2025 by the VI Additional District & Sessions Judge, Mysore whereby the application filed by the appellant seeking anticipatory bail came to be dismissed.

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Brief facts leading to this appeal are that, on the basis of the complaint filed by one Lingarajuswamy, Biligere

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3 - NC: 2025:KHC:41972 CRL.A No. 1816 of 2025

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HC-KAR

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Police registered a case against accused in Crime No.89 of 2025, for the offence punishable under sections 118(1) and 352 of BNSS, 2023 and under Sections 3(1)(4) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

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Appellant has filed application under section 482 of BNSS seeking anticipatory bail. The trial court has rejected the application. Being aggrieved by the rejection of anticipatory bail, the appellant has preferred this appeal.

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I have heard the arguments on both sides. It is submitted by Sri R Rangaswamy, learned High Court Government Pleader that charge sheet is already filed against the accused for the aforesaid offences. Copy of charge sheet is also filed. In the charge-sheet it is stated as under:

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"118(1), 352 BNS 2023 eÉÆvÉUÉ PÀ®A 3(1)(r),(s) ªÀÄvÀÄÛ 3(2)(va) THE SC/ST POA ACT 2015

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F zÉÆÃµÁgÉÆÃ¥Àt ¥ÀvÀæzÀ PÁ®A £ÀA§gï 14 gÀ°è PÀAqÀ ¸ÁQë1 gÀªÀgÀÄ ¥Àj²µÀÖ eÁwAiÀÄ D¢ PÀ£ÁðlPÀ eÁwUÉ ¸ÉÃjzÀªÀgÁVgÀÄvÁÛgÉ ºÁUÀÆ PÁ®A £ÀA§gï 12gÀ°è PÀAqÀ DgÉÆÃ¦AiÀÄÄ ¥ÀæªÀUÀð 2J £À°è §gÀÄªÀ PÀÄgÀÄ§ eÁwUÉ ¸ÉÃjzÀªÀgÁVgÀÄvÁÛgÉ.

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4 - NC: 2025:KHC:41972 CRL.A No. 1816 of 2025

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HC-KAR

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¢£ÁAPÀ.12.07.2025 gÀAzÀÄ ªÀÄzsÁåºÀß 3.50 UÀAmÉ ¸ÀªÀÄAiÀÄzÀ°è F zÉÆÃµÁgÉÆÃ¥ÀuÁ ¥ÀvÀæzÀ PÁ®A £ÀA§gï 14 gÀ°è PÀAqÀ ¸ÁQë-1 gÀªÀgÀÄ ªÉÄÊ¸ÀÆgÀÄ f¯Éè, £ÀAd£ÀUÀÆqÀÄ G¥À-«¨sÁUÀ ªÁå¦ÛUÉ ¸ÉÃjzÀ ©½UÉgÉ ¥ÉÆ°Ã¸ï oÁuÁ ¸ÀgÀºÀ¢ÝUÉ ¸ÉÃjzÀ ªÁmÁ¼ÀÄ gÀ¸ÉÛ, ©ÃgÀ£ÀPÀmÉÖ ¸À«ÄÃ¥À £ÀqÉzÀÄPÉÆAqÀÄ ºÉÆÃUÀÄwÛgÀÄªÁUÀ ¸ÁQë-1 gÀªÀgÉÆA¢UÉ DgÉÆÃ¦AiÀÄÄ ¸ÀªÀiÁ£À GzÉÝÃ±À¢AzÀ dUÀ¼À vÉUÉzÀÄ ¸ÁQë1 gÀªÀjUÉ DgÉÆÃ¦AiÀÄÄ ¨ÉÆÃ½ ªÀÄPÀÌ¼ÉÃ, ¸ÀÆ¼ÉÃ ªÀÄPÀÌ¼ÉÃ JAzÀÄ CªÁZÀå±À§ÝUÀ½AzÀ ¨ÉÊAiÀÄÄåvÁÛ ¸ÁQë-1 gÀªÀjUÉ ªÀiÁ¢UÀ ¸ÀÆ¼ÉÃ ªÀÄUÀ£É £À£Àß£ÀÄß ªÀÄÄnÖ ªÀiÁvÀ£Ár¸ÀÄwÛÃAiÀÄ JA§ÄzÁV eÁw ¤AzÀ£É ªÀiÁr zÉÆuÉÚ¬ÄAzÀ ¸ÁQë-1gÀªÀgÀ vÀ¯ÉUÉ ºÉÆqÉzÀÄ gÀPÀÛ §gÀÄªÀ ¸ÁªÀiÁ£Àå ¸ÀégÀÆ¥ÀzÀ £ÉÆÃªÀ£ÀÄßAlÄ ªÀiÁr zËdð£ÀåªÉ¸ÀVgÀÄªÀÅzÀÄ EzÀÄªÀgÉ«UÀÆ £ÀqÉ¹zÀ vÀ¤SÉ¬ÄAzÀ zÀÈqsÀ¥ÀnÖzÀÄÝ ªÉÄÃ®ÌAqÀ PÀ®AUÀ¼À jÃvÁå DgÉÆÃ¦AiÀÄ «gÀÄzÀÝ F zÉÆÃµÁgÉÆÃ¥ÀuÁ ¥ÀvÀæzÀ DgÉÆÃ¥À."

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After filing charge-sheet, the investigating officer has not sought custody of the accused for any purpose or for further investigation. The investigating officer has completed the investigation and submitted the charge-sheet against the accused. Prior to filing of charge-sheet, the investigating officer has not issued arrest notice as required under section 35 of BNSS-2023. This act of the investigating officer clearly goes to show that the accused is not required for further investigation. The alleged commission of offence is not punishable with death penalty or for imprisonment of life. The

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NC: 2025:KHC:41972 CRL.A No. 1816 of 2025

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HC-KAR

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prosecution has not placed any material to show that the investigating officer has made efforts to arrest the accused before submitting the charge-sheet. Considering the conduct of the investigating officer, I proceed to pass the following:

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O R D E R

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i) Appeal is allowed;

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ii) Order dated 29^th July 2025 passed in Criminal Misc.No.1095 of 2025 by the VI Additional District & Sessions Judge, Mysuru is set aside. Consequently application filed under section 482 of BNSS-2023 is allowed on following conditions:

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