Sri Varuna Vs State of Karnataka

STATE OF KARNATAKA BY AJJAMPURA POLICE STATION, CHIKKAMAGALURU DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001.

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SMT GOWRAMMA T., AGED ABOUT 36 YEARS, W/O MANJUNATHA, R/AT GEJJEGONDANAHALLI VILLAGE, AJJAMPURA HOBLI AND TALUK, CHIKKAMAGALURU DIST - 577 547.

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…RESPONDENTS

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

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V/O DATED 23.10.2025, R2 SERVED CALLED OUT AND ABSENT)

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NC: 2025:KHC:41757 CRL.A No. 2047 of 2025

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HC-KAR

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THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14(A)(2) OF SC/ST (POA) ACT, PRAYING TO SET ASIDE THE ORDER PASSED BY THE LEARNED 1^ST ADDL. SESSIONS AND SPECIAL JUDGE, AT CHIKKAMAGALURU IN CRL.MISC.NO.449/2025 DATED 06.10.2025 AND MAY BE PLEASED TO ENLARGE THEM ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.233/2025, FOR THE OFFENCES P/U/S 352,351(2),74 OF THE BNS, 2023, UNDER SECTION 3(1)(r),3(1)(s),3(2)(va) OF THE SC/ST (POA) AMENDMENT ACT, 1989, BY ALLOWING THIS APPEAL.

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THIS APPEAL, COMING ON FOR ORDERS, 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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The appellant has preferred this appeal against the order passed by the I Addl. Sessions and Special Judge at Chikkamagaluru in Crl.Misc. No. 449/2025 dated 06.10.2025.

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For the sake of convenience, the parties herein are referred to as per their status before the trial Court. 3. The brief facts leading to this appeal are that, on the basis of the complaint filed by one Gowramma.T, Ajjampura Police have registered the case against the

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3 - NC: 2025:KHC:41757 CRL.A No. 2047 of 2025

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HC-KAR

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accused for the commission of offences punishable under Section 352, 351(2), and 74 of Bharatiya Nyaya Sanhita, 2023 (hereinafter referred as 'BNS' for short) and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of SC and ST (Prevention of Atrocities) Act.

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The appellant has filed petition under Section 482 of Cr.P.C for anticipatory bail before the Special Judge and same came to be rejected on 06.10.2025. Hence, the appellant has preferred this appeal.

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It is submitted by the appellant counsel that the alleged incident took place on 08.09.2025. After lapse of two days, the complaint came to be filed. That there is no proper explanation in the complaint in this regard. Further, he would submit that there is no allegation in the complaint that the accused has abused the complainant by referring her caste in the presence of public. Hence, the provisions of SC and ST (Prevention of Atrocities) Act could not apply to the case on hand. At this stage,

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NC: 2025:KHC:41757 CRL.A No. 2047 of 2025

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HC-KAR

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absolutely there is no prima-facie case against the accused to attract the alleged commission of offence and the rest of the offences under BNS Act are not punishable with death or imprisonment for life. Same are exclusively triable by the Court of Magistrate. However, the Investigating Officer has not issued any arrest notice as required under Section 35 of BNS Act. On all these grounds sought to allow this appeal.

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Learned High Court Government Pleader Sri.Rangaswamy.R submits that, there are prima-facie materials to attract the alleged commission of offences under the provisions of SC and ST (Prevention of Atrocities) Act. Hence, there is a bar under Section 18 of SC and ST (Prevention of Atrocities) Act and sought for dismissal of this appeal.

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To substantiate argument of the appellant

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counsel, relied on the decision of the Hon'ble Supreme Court in the case of Swaran Singh and others Vs. State

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HC-KAR

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through Standing counsel and another reported in

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(2008)8 SCC 435.

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I have examined the materials placed before this Court. The alleged incident took place on 08.09.2025 at 11.25 a.m. The complaint came to be filed on 10.09.2025 at 14.30 hours. At this stage, that there is no proper explanation regarding delay in filing the complaint. On plain reading of FIR, it is crystal clear that the accused has not abused the complainant by referring her caste in the presence of public. Though this offence took place on 08.09.2025, till this day, the Investigating Officer has not taken any steps to issue the arrest notice as required under Section 35 of BNS Act. The conduct of the Investigating Officer reveals that the accused is not required for the investigation.

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A careful examination of the materials placed before me. At this stage, I am of the opinion that, at this stage there is no prima-facie case against the accused to

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HC-KAR

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attract the alleged commission of offence under the SC and ST (Prevention of Atrocities) Act, 1989. The rest of the offences are not punishable with death or imprisonment for life and the same are exclusively triable by the Court of Magistrate. Hence, the trial Court has not properly appreciated the materials on record in accordance with law and facts. Hence, I proceed to pass the following:

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ORDER

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i) Appeal is allowed. Consequently, application

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filed under Section 482 of BNSS in Crime No. 233/2025 is allowed, subject to following conditions:

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ii) The appellant/accused shall be released on bail on executing a self bond of Rs.25,000/- with one surety for the likesum to the satisfaction of the Investigating Officer in the event of arrest of this appellant in Crime No. 233/2025.

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iii) The accused shall not tamper or threaten the prosecution witnesses in any manner.

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