Ashok Vs State of Karnataka

THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14A(2) OF SC AND ST (POA) ACT, 1989 READ WITH SECTION 482 OF B.N.S.S., 2023 PRAYING TO SET ASIDE THE ORDER DATED 09.12.2025 PASSED IN CRL.MISC.NO.1418/2025 BY THE SPECIAL, II ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHITRADURGA, BY ALLOWING THIS APPEAL AND RELEASE THE APPELLANTS ON BAIL, IN THE EVENT OF THEIR ARREST BY RESPONDENT NO.1 POLICE/BHARAMASAGAR POLICE, CHITRADURGA DISTRICT IN CR.NO.480/2025, FOR THE OFFENCES PUNISHALBLE UNDER SECTIONS 189(2), 191(2), 191(3), 352, 351(2), 126(2), 115(2), 118(1), 190 OF B.N.S., UNDER SECTION 3(1)(R), 3(1)(S), 3(2)(V-A) OF SC/ST (POA) AMENDMENT ACT, 2015, PENDING ON THE FILE OF THE SPECIAL COURT/II ADDITIONAL DISTRICT AND SESSIONS JUDGE, AT CHITRADURGA.

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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 appellants have preferred this appeal against the

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order dated 09.12.2025 passed in Crl.Misc.No.1418/2025 by the Special, II Additional District and Sessions Judge, Chitradurga (for short 'trial Court').

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Brief facts leading to this appeal are that on the

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basis of the complaint filed by the complainant,

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HC-KAR

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Bharamasagara Police have registered the case in Crime No.480/2025 against accused Nos.1 and 2 for the commission of offence under Sections 189(2), 191(2), 191(3), 352, 351(2), 126(2), 115(2), 118(1), 190 of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS-2023') and Sections 3(1)(r), 3(1)(s), 3(2)(v-a) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'SC & ST (POA) Act'). The appellants have filed an application under Section 482 of BNSS, 2023 before the trial Court in Crl.Misc.No.1418/2025 and the same came to be dismissed on 09.12.2025. Being aggrieved by the impugned order, the appellants have preferred this appeal.

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Learned counsel for appellants would submit that the complainant-Karthik C. had attempted to commit rape on the victim, who is the wife of the late Chitrappa, Hirebennuru Gollarahaty Village, Chitradurga and the said incident took place on 13.11.2025. In this regard, the victim had lodged a complaint on 16.11.2025. On the

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HC-KAR

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basis of that complaint, the Bharamasagara Police have registered the case in Crime No.494/2025 against the complainant-respondent No.2 for the commission of offence under Sections 329(4) and 75 of BNS, 2023 and submitted FIR to the Court. To overcome the offence alleged, the complainant-respondent No.2 also lodged a false complaint against the appellants on 14.11.2025. The appellants have not committed any offence punishable with death or imprisonment for life, much less the offence alleged in the complaint.

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It is the contention of the learned counsel for appellants that the victim had taken treatment on 13.11.2025 at 02.45 p.m. and as such there is a delay in filing this present complaint. This itself reveals that only to overcome the commission of alleged offence of rape, the complainant-respondent No.2 has foisted a false complaint against the appellants, who are brothers of victim. On all these grounds, he sought to allow this appeal.

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HC-KAR

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I have examined the materials placed before this

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Court. On the basis of the complaint filed by the complainant, Bharamasagara Police have registered the case in Crime No.480/2025 against accused Nos.1 and 2 for the commission of offence under Sections 189(2), 191(2), 191(3), 352, 351(2), 126(2), 115(2), 118(1), 190 of BNS Act and Sections 3(1)(r), 3(1)(s), 3(2)(v-a) of SC & ST (POA) Act.

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The alleged commission of offence shown in the complaint took place on 13.11.2025 at 02.45 p.m. The complaint came to be filed on 14.11.2025 at 13.55 hours. The FIR received by the trial Court on 14.11.2025 at 05.00 p.m. The copy of the complaint produced by the appellants, which is filed by the victim in Crime No. 494/2025, reveals the alleged attempt to rape committed by the complainant-respondent No.2 on 13.11.2025 at 02.30 hours. It is submitted by the learned counsel for appellants that on the same day the victim had taken treatment in the hospital. The complaint filed by the victim

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HC-KAR

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and the complainant-respondent No.2 would create reasonable doubt as to the alleged incident.

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At this stage, there are no sufficient material/s to constitute the penal provisions of SC & ST (POA) Act. The Investigating Officer has not completed the investigation within sixty (60) days and submitted the charge sheet as required under Rule 7(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995 and he also not submitted any explanation as required under Sub Section 2(A) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995. The alleged offences are not punishable with death or imprisonment for life.

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Considering the nature and gravity of offence, antecedents of the present appellants and the complaint filed by the victim against the present complainant, it is just and proper to allow this appeal. Accordingly, I proceed to pass the following:

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HC-KAR

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ORDER

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i. The appeal is allowed ;

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ii. The impugned order dated 09.12.2025 passed in Crl.Misc.No.1418/2025 by the Special, II Additional District and Sessions Judge,

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Chitradurga, is set aside. Consequently, application filed under Section 482 of BNSS, 2023 is allowed;

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iii. The appellants shall be released on bail on

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executing a self bond of Rs.1,00,000/(Rupees One Lakh only) each with one surety each for likesum to the satisfaction of the Investigating Officer, in the event of their arrest in Crime No.480/2025 of Bharamasagara Police;

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iv. The appellants shall not tamper or threaten

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the prosecution witnesses in any manner;

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