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Karnataka High Court
Sri Bharadwaj S @ Bharath vs The State Of Karnataka on 3 December, 2025
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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)
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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
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(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
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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
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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.
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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
