Karnataka High Court
Sri Anup R vs State Of Karnataka on 7 November, 2025
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NC: 2025:KHC:45114
CRL.A No. 2186 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
CRIMINAL APPEAL NO.2186 OF 2025 (U/S 14(A)(2))
BETWEEN:
SRI ANUP R
S/O. RAMESH R
AGED ABOUT 31 YEARS
RESIDING AT NO.401
AMRUTHAMAHI,
NEAR SHIVA TEMPLE
BENGALURU 560043.
...APPELLANT
(BY SRI. SHIVAMURTHY P., ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS WOMEN PS
Digitally signed by
HEMALATHA A DAVANAGERE
Location: HIGH REP. BY THE SPP
COURTOF HIGH COURT OF KARNATAKA
KARNATAKA BENGALURU- 560 001.
2. SMT. SHAILAJA R.V.
W/O. ANUP R.
AGED ABOUT 26 YEARS
R/AT NO.804/21, C BLOCK
SARASWATHI NAGAR
BEHIND TV STATION
PUMP HOUSE, DAVANAGERE
COCONUT GARDEN, 8TH CROSS
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NC: 2025:KHC:45114
CRL.A No. 2186 of 2025
HC-KAR
OLD BANK COLONY
BANGALORE - 577004.
...RESPONDENTS
(BY SRI.B LAKSHMAN, HCGP FOR R1:
VIDE ORDER DATED: 07.11.2025
NOTICE NOT REQUIRED FOR R2)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION
14A(2) OF SC AND ST (POA) ACT PRAYING TO ENLARGE
THE APPELLANT ON ANTICIPATORY BAIL IN THE EVENT OF
HIS ARREST IN CR.NO.120/2025 OF THE WOMEN P.S ,
DAVANAGERE FOR THE OFFENCE PUNISHABLE UNDER
SECTION 89, 115(2), 351(2), 75(1)(IV), 352, 79, 85 R/W
3(5) OF BNS, AND UNDER SECTION 3 AND 4 OF D.P ACT,
1961, AND SECTIONS. 3(1)(R), 3(1)(S), 3(2)(V-A),
3(2)(V) OF SC/ST (POA) ACT PENDING ON THE FILE OF
THE HONBLE 2ND ADDL. DIST. AND SESSIONS JUDGE,
DAVANAGERE DISTRICT, DAVANAGERE.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE G BASAVARAJA
ORAL JUDGMENT
1. The appellant/accused No.1 has preferred this appeal against the order passed by the II Additional District and Section Judge, Davanagere in Crl.Misc.No.976/2025 dated 23.10.2025.
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NC: 2025:KHC:45114 CRL.A No. 2186 of 2025 HC-KAR
2. The brief facts leading to the appeal is that on the basis of the complaint filed by Smt.Shailaja R.V., Davangere Woman Police Station have registered a case in Crime No.120/2025 against accused Nos.1 to 5 and others for the offences punishable under Sections 3 and 4 of the Dowry Prohibition Act, 1961, Sections 3(2)(v-a), 3(1)(s), 3(2)(V), 3(1)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Sections 89, 115(2), 351(2) and 75(1)(iv), 3(5), 352, 79 and 85 of the Bharatiya Nyaya Sanhita (BNS), 2023.
3. The appellant and others have filed an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail. The Trial Court has rejected the bail application filed by this appellant/accused No.1 and allowed the bail application filed on behalf of accused Nos.2 to 5. Being aggrieved by the said order, the appellant/accused No.1 has preferred this appeal.
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NC: 2025:KHC:45114 CRL.A No. 2186 of 2025 HC-KAR
4. The learned counsel appearing on behalf of the appellant/accused No.1 has submitted that the accused No.1 belongs to Scheduled Tribe, Nayaka Community. He has produced the transfer certificate pertaining to Mr.Ramesha H, father of the appellant, which reveals that the caste is mentioned as Hindu-Nayaka. The appellant has also produced the certificate issued by the Tahasildar, Shivamogga, which reveals that Anup.R belongs to Scheduled Tribe, Nayaka Community.
5. The learned HCGP submits that at the time of receiving complaint, the Investigating Officer was not aware of the caste of the accused and he has admitted that the appellant belongs to Nayaka Community. Hence, the penal provisions under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, are not applicable to the present appellant.
6. Though, the appellant has produced the said documents before the Trial Court, the Trial Court has ignored the same and rejected the bail application of the -5- NC: 2025:KHC:45114 CRL.A No. 2186 of 2025 HC-KAR appellant without assigning any proper reasons. The Trial Court has already granted bail to the accused Nos.2 to 5.
7. The victim is the wife of the appellant-accused No.1. The accused No.1 has filed M.C.No.4311/2025 under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955 before the Principal Family Judge, Bengaluru for divorce on 11.07.2025. Only after filing this MC case, the complainant has filed this complaint. Therefore, considering the relationship between the accused No.1 and the complainant, and filing of divorce petition by this accused before the Family Court prior to filing the FIR and release of other accused by the Trial Court, I am of the opinion that it is just and proper to allow this appeal.
8. Accordingly, I proceed to pass the following order:
ORDER
a) The appeal is allowed.
b) The order passed by the II Additional District and Section Judge, Davanagere, in -6- NC: 2025:KHC:45114 CRL.A No. 2186 of 2025 HC-KAR Crl.Misc.No.976/2025 dated 23.10.2025 is set aside.
c) Consequently, application filed under Section 482 of BNSS, is allowed.
d) The appellant-accused No.1 shall be released on bail on executing a self bond of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court, in the event of his arrest in Crime No.120/2025 of Women Police Station, Davangere..
e) The appellant shall Assist the IO for his investigation.
f) The appellant shall not threaten or tamper the prosecution case in any manner.
g) The appellant shall not indulge in similar offences.
Sd/-
(G BASAVARAJA) JUDGE DM LIST NO.: 1 SL NO.: 8