Karnataka High Court
Smt Vijay Lakshmi Shamanna vs State By Kothanur Police Station on 4 August, 2025
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NC: 2025:KHC:30173
CRL.A No. 1281 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MR. JUSTICE S RACHAIAH
CRIMINAL APPEAL NO. 1281 OF 2025 (U/S 14(A))
BETWEEN:
1. SMT VIJAY LAKSHMI SHAMANNA
W/O INDER
D/O LATE SHAMANNA
AGED ABOUT 57 YEARS
2. SRI RAGHAV INDER
S/O INDER
AGED ABOUT 23 YEARS
BOTH R/AT NO. 97 CHARLES CAMBELL ROAD
COX TOWN BENGALURU - 560002.
...APPELLANTS
(BY SRI. H RAMACHANDRA., ADVOCATE)
Digitally signed AND:
by
SREEDHARAN 1. STATE BY KOTHANUR POLICE STATION
BANGALORE BANGALORE CITY.
SUSHMA
LAKSHMI REP. BY STATE PUBLIC PROSECUTOR
Location: High HIGH COURT, BENGALURU - 560 001.
Court of
Karnataka
2. SRI. MANJUNATH B M
S/O LATE MUNAIAH
AGED ABOUT 37 YEARS
R/AT NO. 241 NEAR HANUMANTHANAGAR
BILESHIVALE, DR. SHIVARAM KARANTH NAGAR
BENGALURU 560077
...RESPONDENTS
(BY SMT.RASHMI PATEL, HCGP FOR R1; R2 SERVED)
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NC: 2025:KHC:30173
CRL.A No. 1281 of 2025
HC-KAR
THIS CRIMINAL APPEAL IS FILED U/S 14(A) OF SC/ST (POA)
ACT PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO
GRANT ANTICIPATORY BAIL TO THE APPELLANTS AS REQUIRED U/S
14(A) OF SC/ST (POA) ACT, 1989 IN CR.NO.52/2025 OF KOTHANUR
POLICE STATION, FOR THE OFFENCES P/U/S 329(3),351(2),352 R/W
190 OF BNS, 2023 AND FOR THE OFFENCES U/S 3(1)(r)(s) OF SC/ST
(POA) ACT.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S RACHAIAH
ORAL JUDGMENT
1. The appellants are before this Court seeking anticipatory
bail in Crime No.52/2025 for the offences punishable
under Sections 329(3), 351(2), 352 read with 190 of the
Bharatiya Nyaya Sanhita, 2023 (for short 'BNS 2023')
and Section 3(1)(r)(s) of the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for
short 'SC and ST (POA) Act').
Factual matrix of the case:
2. It is the case of the prosecution that, a complaint was
lodged by the complainant alleging that on 09.03.2025 at
about 3.30 p.m., to 4.00 p.m, the appellants and five to
six members suddenly trespassed into the land bearing
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Sy.no.125/1 and Sy.no.22/2 claiming that the said land
belongs to one Vinod Kumar B.S and Arun Kumar B.S.
The complainant had been abused by naming his caste
and further, the accused had pushed his wife and the
complainant and also abused them by naming their caste.
Thereafter, a complaint came to be registered against the
appellants. The police have registered a case in Crime
No.52/2025 and issued a police notice on 24.03.2025.
Therefore, the appellants have filed this appeal seeking
anticipatory bail.
3. Heard Sri.H.Ramachandra, learned counsel for the
appellant and Smt.Rashmi Patel, learned HCGP for the
respondent No.1. Respondent No.2 is served and
unrepresented.
4. It is the submission of learned counsel for the appellant
that the entire case is based on ill-will and after thought.
In fact, the complainant is taking advantage of the caste
had filed a false case in order to assist his owner.
Therefore, they are trying to implicate the appellants in a
false case. Hence, the appellants may be enlarged on
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bail by imposing suitable conditions. Making such
submissions, learned counsel for the appellants prays to
allow the appeal.
5. Per contra, the learned HCGP for the respondent No.1 -
State vehemently opposed the said submissions and she
further submitted that there is a bar under Section 18A of
the SC and ST (POA) Act. The ingredients of the
complaint would discloses that the accused had
intentionally insulted the complainant and his family
members by naming the caste, which attracts the
ingredients of the above said provision. Therefore, the
appeal has to be rejected.
6. Having heard the learned counsel for the respective
parties and also perused the averments of the complaint,
it appears from the record that the complainant
Sri.Manjunath B.M was looking after the property of
Sri.Vinod Kumar B.S and Sri.Arun Kumar B.S bearing
Sy.nos.125/1 and 22/2. The construction was being held
in the said properties, who was deputed to take care of
the said properties. Such being the fact, on 09.03.2025
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at about 3.30 to 4.00 p.m., Smt.Vijaylakshmi, her son
and others have trespassed the said properties of
Sri.Vinod Kumar and scolded the complainant and his
family members by naming their caste and also
threatened them with dire consequences. Therefore, the
complainant lodges a complaint on the following day.
Prima facie, it appears from the record that the
appellants have made out a case to grant them bail.
7. Hence, I proceed to pass the following:
ORDER
i) The criminal appeal is allowed.
ii) The appellants are ordered to be enlarged on bail
in the event of their arrest on executing a
personal bond for a sum of Rs.1,00,000/- each
with one surety each for the likesum to the
satisfaction of the Investigating Officer, subject to
the following conditions:
a) The appellant shall appear before the
Investigating Officer within one month from
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today and executed the bond and furnish the
sureties to the satisfaction of Investigating
Officer.
b) The appellant shall not threaten or tamper the
prosecution witnesses.
c) The appellant shall appear before the Trial
Court on all hearing dates without fail.
SD/-
(S RACHAIAH)
JUDGE
UN
