Karnataka High Court
Sri Bharadwaj S @ Bharath vs The State Of Karnataka on 3 December, 2025
-1-
NC: 2025:KHC:50437
CRL.A No. 2319 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF DECEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
CRIMINAL APPEAL NO. 2319 OF 2025
BETWEEN:
SRI BHARADWAJ S @ BHARATH
S/O. SHANKAR. S,
AGED ABOUT 22 YEARS,
R/AT NISARGA LAYOUT,
M.V. EXTENSION, K.K. LAYOUT,
HOSAKOTE TOWN,
BENGALURU RURAL DISTRICT - 562114
...APPELLANT
(BY SRI. PRADEEP H S., ADVOCATE (PH))
AND:
1. THE STATE OF KARNATAKA
Digitally signed by BY HOSAKOTE POLICE STATION,
JUANITA REP.BY S.P.P.
THEJESWINI
HIGH COURT OF KARNATAKA BUILDING
Location: HIGH
COURT OF BENGALURU - 560001.
KARNATAKA
2. NARENDRA N.
S/O. NARAYANASWAMY,
AGED ABOUT 30 YEARS,
R/AT AMBEDKAR COLONY,
KANNURAHALLI MAIN ROAD,
HOSAKOTE TOWN,
BENGALURU RURAL DISTRICT - 562114
...RESPONDENTS
(BY SRI.RANGASWAMY.R., HCGP FOR R1(PH)
V/O DTD. 3/12/2025 NOTICE TO R2 IS D/W)
-2-
NC: 2025:KHC:50437
CRL.A No. 2319 of 2025
HC-KAR
THIS CRL.A IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT,
1989, BY THE ADVOCATE FOR THE APPELLANT PRAYING THAT
THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE
THE ORDER DTD 04.11.2025 IN CRL.MISC.NO.1983/2025
INSOFAR ACCUSED NO.1, IS CONCERNED AND ETC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE G BASAVARAJA
ORAL JUDGMENT
The appellant/accused No.1 has preferred this appeal against the order dated 04.11.2025 in Crl.Misc.No.1983/2025 passed by the II Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru, whereby the bail application of the appellant came to be rejected.
2. The brief facts leading to this appeal are that, on the basis of the complaint filed by one Sri. Narendra N, the Hosakote Police have registered the case in Crime No.271/2025 against appellant/accused No.1 herein and two others for the offence punishable under Sections 3(1)(r)(s) of the Scheduled Castes & Scheduled Tribes -3- NC: 2025:KHC:50437 CRL.A No. 2319 of 2025 HC-KAR (Prevention of Atrocities) Act, 1989, and under Sections 118(2), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023. The appellant has filed an application under Section 482 of the BNSS along with the other accused for grant of anticipatory bail before the Trial Court, but the Trial Court has rejected the bail application in respect of appellant/accused No.1 herein and has allowed insofar as accused Nos.2 and 3 are concerned. Being aggrieved by the rejection of the bail application, appellant/accused No.1 has preferred this appeal.
3. Learned Counsel Sri.Pradeep H.S., appearing for the appellant would submit that the Trial Court has already granted anticipatory bail to the other accused, but has rejected the bail application in respect of the appellant herein. Hence, on the principle of parity, he sought for allowing this appeal.
4. Learned High Court Government Pleader has opposed this appeal stating that the Trial Court has properly appreciated the material on record and has -4- NC: 2025:KHC:50437 CRL.A No. 2319 of 2025 HC-KAR rightly rejected the bail application. The investigation is under progress, at this stage if the appellant is released on bail, he may abscond and threaten and tamper with the prosecution witnesses and has therefore, sought for dismissal of the appeal.
5. I have examined the materials placed before this Court.
6. On a perusal of the impugned order, it is clear that the Trial Court has allowed the bail application and has granted anticipatory bail to accused Nos.2 and 3 in Crl.Misc.No.1983/2025. It is alleged by the prosecution that accused Nos.2 and 3 abused respondent No.2- Narendra N., in a filthy language and humiliated the caste and put life threat to him. However, the Trial Court has granted the bail considering that there are sufficient grounds for grant of anticipatory bail in favour of accused Nos.2 and 3. The State has not preferred any appeal against the order passed by the Trial Court. A plain reading of the complaint at this stage is that there is no -5- NC: 2025:KHC:50437 CRL.A No. 2319 of 2025 HC-KAR reference as to the eyewitness to this incident. Accordingly, there are no prima facie materials to attract the alleged commission of offences under the penal provisions of SC & ST (PoA) Act, 1989, as against appellant/accused No.1. The alleged commission of offences are not punishable with death or imprisonment for life.
7. Considering the nature and gravity of the offence and also keeping in the mind the grant of anticipatory bail to the other accused, it is just and necessary to allow the appeal filed by the appellant/accused No.1.
8. Hence, I proceed to pass the following:
ORDER
i) The Criminal Appeal is allowed.
ii) The impugned order dated 04.11.2025, passed by the II Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru, in Crl.Misc.No.1983/2025 is set aside. Consequently, the bail application filed by the appellant/accused No.1 under Section 482 BNSS is allowed.-6-
NC: 2025:KHC:50437 CRL.A No. 2319 of 2025 HC-KAR
iii) The appellant/accused No.1 shall be released on bail on executing a self-bond for a sum of Rs.30,000/- (Rupees Thirty Thousand only) with one surety for the likesum, in the event of his arrest by the Investigating Officer in Crime No.271/2025 of Hosakote Police.
iv) The accused shall assist the Investigating Officer for investigation.
v) The accused shall not tamper or threaten the prosecution witnesses in any manner.
vi) The appellant shall not indulge in similar offences.
Registry is directed to issue intimation to the concerned Trial Court along with a copy of this order for taking necessary action.
Sd/-
(G BASAVARAJA) JUDGE DL CT: JL