Athuni @ Nabi Sab Vs the State of Karnataka

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NC: 2025:KHC:49378 CRL.A No. 391 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27^TH DAY OF NOVEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 391 OF 2025 (U/S 14(A) (2))

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BETWEEN:

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ATHUNI @ NABI SAB S/O SAMIULLA, AGED ABOUT 24 YEARS RESIDING AT NO.651, THANGAMALAI NAGAR, D.J. HALLI, A.C. POST, BENGALURU-560045

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…APPELLANT

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(BY SRI. V. J. BENJAMINE, ADV.) AND:

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Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA BY D.J. HALLI POLICE STATION BENGALURU REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU-560001.

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PREMA W/O. ANDREW AGED ABOUT 30 YEARS RESIDING AT AMAVASYA LANE DODDANNA NAGAR, D.J. HALLI, BENGALURU-560045.

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…RESPONDENTS

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(BY SRI. RANGASWAMY R., HCGP FOR R1, R2 SERVED AND UNREPRESENTED V/C/O DATED:27.11.2025)

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2 - NC: 2025:KHC:49378 CRL.A No. 391 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 BY THE ADVOCATE FOR THE APPELLANT PRAYING TO ALLOW THIS PETITION AND THERBY DIRECT THE 1^ST RESPONDENT POLICE TO ENLARGE HIM ON BAIL IN CR.NO.32/2023 AND SPL.C.C.NO.864/2023 PENDING BEFORE THE HON'BLE LXX ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE AT BENGALURU(CCH-71).

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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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Appellant has preferred this appeal against the order dated 03.09.2024 passed in Crl.Misc.No.7386/2024 by the LXX Additional City Civil and Sessions Judge and Special Judge at Bengaluru (CCH-71) (for short 'the trial Court').

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For the sake of convenience, the parties herein are referred to as per their rank before the trial Court.

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Brief facts leading to this appeal are that, on the basis of the complaint filed by Smt. Prema, Devarajeevanahalli Police have registered the case in Crime No.32/2023 against the accused Nos.1 to 5 for the

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NC: 2025:KHC:49378 CRL.A No. 391 of 2025

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HC-KAR

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offence punishable under sections 427, 341, 34, 384, 323 and 324 of Indian Penal Code, 1860.

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After investigation, the Investigating Officer has submitted charge sheet against the accused. The appellant has filed application under Section 438 of Cr.P.C. seeking anticipatory bail. Same came to be rejected by the trial Court. Being aggrieved by the order of rejection, the appellant has preferred this appeal.

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Despite service of notice to respondent No.2, she

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remained absent and unrepresented.

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The State has not filed any objection.

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I have heard the arguments and perused the records.

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On the basis of the complaint filed by Smt. Prema, Devarajeevanahalli Police have registered the case in Crime No.32/2023 against the accused Nos.1 to 5 for the offence punishable under sections 427, 341, 34, 384, 323 and 324 of IPC. After investigation, the IO has submitted the charge sheet against the accused for the offence,

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4 - NC: 2025:KHC:49378 CRL.A No. 391 of 2025

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HC-KAR

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punishable under sections 341, 307 r/w 34 of IPC and sections 3(2)(v), 3(2)(va), 3(1)(r), 3(1)(s) of SC/ST (Prevention of Atrocities) Act, 1989. In the charge sheet, the accused No.4 is shown as absconding. It is submitted

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by the learned counsel for the appellant that accused Nos.1 and 3 have already obtained bail from the trial Court.

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In column No. 17 of the charge sheet, it is stated as under:

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"PÁ®A-12 gÀ°è PÀAqÀ J-1 jAzÀ J-4 DgÉÆÃ¦UÀ¼ÀÄ ªÀÄÄ¹èA eÁwUÉ ¸ÉÃjgÀÄvÁÛgÉ. DgÉÆÃ¦UÀ½UÉ ¸Á-1 gÀªÀgÀÄ ¥Àj²µÀÖ d£ÁAUÀPÉÌ ¸ÉÃjzÁÝ£ÉAzÀÄ w½¢gÀÄvÀÛzÉ.

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¥ÀæPÀgÀtzÀ°è J-4 DgÉÆÃ¦ vÀ¯ÉªÀÄgÉ¹PÉÆArzÀÄÝ DvÀ£À ªÉÄÃ¯É ªÁgÉAmï ºÉÆgÀr¸À®Ä WÀ£À £ÁåAiÀiÁ®AiÀÄzÀ°è PÉÆÃjzÉ."

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On perusal of the substance of the charge sheet, it

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could be deciphered that accused No.4 has not abused the complainant by referring the caste. The only allegation against accused No.4 is that he has assaulted CW1 with his hands. Since the charge sheet is already submitted,

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HC-KAR

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the present appellant is not required for further investigation. At the time of filing FIR, the IO has not inserted the penal provisions of SC/ST (POA) Act, 1989. Only at the time of filing charge sheet, the IO has inserted the penal provisions of SC/ST (POA) Act, 1989. Even in the charge sheet also, there is no allegation against the present appellant that he has committed the offence under the penal provisions of SC/ST (POA) Act, 1989. Hence, I proceed to pass the following:

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ORDER

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(i) Appeal is allowed .

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(ii) The order dated 03.09.2024 passed in

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Crl.Misc.No.7386/2024 by the LXX Additional City Civil and Sessions Judge and Special Judge at Bengaluru (CCH-71), is set aside. Consequently, the application filed under Section 438 of Cr.P.C. is allowed.

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(iii) The accused No.4/appellant shall be released on bail on executing self-bond of Rs.50,000/- with one surety for likesum to the satisfaction of the trial Court.

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