[Cites 4, Cited by 0]
Karnataka High Court
Sri Krishnamurthy R vs The State Of Karnataka on 3 December, 2025
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NC: 2025:KHC:50476
CRL.A No. 2372 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. 2372 OF 2025 (U/S 14(A) (2))
BETWEEN:
1. SRI KRISHNAMURTHY R
AGED ABOUT 38 YEARS,
S/O RAMADAS C,
R/AT NO.58 HIG -2,
NEAR KUNDAWADA, KHB COLONY,
TUNGABHADRA EXTENSION,
DAVANGERE - 577 566.
...APPELLANT
(BY SRI. C.V.SRINIVASA., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY STATION HOUSE OFFICER,
DAVANGERE WOMEN'S POLICE STATION,
BANGALORE.
Digitally signed by
LAKSHMINARAYAN N
REPRESENTED BY HIGH COURT GOVERNMENT
Location: HIGH COURT
OF KARNATAKA PLADER.
2. SMT SAKAMMA
AGED ABOUT 34 YEARS,
W/O KRISHNAMURTHY R,
R/AT SHIVAKUMAR SWAMY BADAVANE,
DAVANAGERE, KARNATAKA-577 566.
...RESPONDENTS
(BY SRI. RANGASWAMY.R, HCGP FOR R1
R2 SERVED AND UNREPRESENTED)
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CRL.A No. 2372 of 2025
HC-KAR
CRL.A. FILED U/S.14(A)(2) OF SC/ST (POA) ACT, 2015
BY THE ADVOCATE FOR THE APPELLANT/S PRAYING THAT THIS
HONBLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER
DATED 07.11.2025 PASSED BY THE HONBLE II ADDL DISTRICT
AND SESSIONS JUDGE, DAVANAGERE IN REJECTING THE
PETITION IN CRL.MISC.NO.1081/2025 FILED BY THE
APPELLANT HEREIN U/S.482 OF THE BNS AND TO ALLOW THE
ABOVE APPEAL BY ENLARGING THE APPELLANT ON
ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN
RELATION TO CRIME NO.143/2025 REGISTERED AT
RESPONDENT NO.1 POLICE STATION ON THE BASIS OF
COMPLIANT OF RESPONDENT NO.2, FOR OFFENCE WHICH ARE
MADE PENAL U/S.115(2),351(2),352,126(2),54,85 R/W
SEC.3(5) OF BNS AND SEC.3,4 OF DP ACT AND SEC.3(1)(r)
AND 3(1)(s), AND 3(2)(V-a) OF SC/ST (POA) ACT 1989.
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 has preferred this appeal against the
order dated 07.11.2025 passed in Crl.Misc.No.1081/2025
by the II Additional District and Sessions Judge,
Davanagere (for short 'the trial Court').
2. For the sake of convenience, the parties are referred
to as per their rank before the trial Court.
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3. Brief facts leading to this appeal are that, on the
basis of complaint filed by one Sakamma, Davanagere
Women Police have registered case in Crime No.143/2025
against accused Nos.1 to 5 for the commission of offence
punishable under sections 3 and 4 of Dowry Prohibition
Act, 1961, sections 3(1)(r), 3(1)(s), 3(2)(v-a) of SC/ST
(POA) Act, 1989 and sections 54, 115(2), 351(2), 352,
126(2) r/w 3(5) and 85 of BNS, 2023.
4. The appellant and others have filed application under
Section 482 of BNSS for grant of Anticipatory Bail, which
came to be allowed-in-part by granting anticipatory bail to
accused Nos.2 and 3. Bail application filed on behalf of
this appellant was rejected. Being aggrieved by the order
of rejection, the appellant/accused No.1 has preferred this
appeal.
5. The learned counsel for the appellant would submit
that the appellant is the husband of the victim. The
appellant belongs to scheduled caste. To substantiate the
same, he has produced the certificate which reveals that
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the appellant belongs to Adi Dravida. Therefore, the penal
provisions of SC/ST (POA) Act, 1989 are not applicable to
the appellant. With regard to the other offences, the
commission of alleged offences are not punishable with
death or imprisonment for life and triable by Magistrate.
6. It is submitted by the learned High Court
Government Pleader Sri R.Rangaswami, that the IO has
issued a notice under Section 35 of BNSS, 2023. However,
the appellant has not appeared before the Police. In this
regard, direction can be given to the appellant to appear
before the IO for investigation.
7. Considering the nature and gravity of offence and
relationship between the complainant and
accused/appellant and also grant of anticipatory bail to
accused Nos.2 and 3, by the trial Court, I proceed to pass
the following:
ORDER
(i) Appeal is allowed;
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(ii) The order dated 07.11.2025 passed in
Crl.Misc.No.1081/2025 by the II Additional District and
Sessions Judge, Davanagere, is set aside;
(iii) Consequently, the application under
Section 482 of BNSS filed on behalf of the appellant is
allowed, subject to following conditions:
(a) Appellant/accused No.1 shall be
released on bail on executing personal bond
for Rs.50,000/- with one surety for likesum to
the satisfaction of the trial Court;
(b) Appellant/accused No.1 shall
surrender before the Investigating Officer
within 10 days from today;
(c) Appellant/accused No.1 shall co-
operate with the Investigating Officer in
proper investigation of the case;
(d) Appellant/accused No.1 shall not
tamper the prosecution evidence and threaten
the prosecution witnesses directly or
indirectly;
(e) Appellant/accused No.1 shall not
commit similar type of offences in future;
(f) Appellant/accused No.1 shall appear
before the trial Court regularly and shall
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furnish bond and surety as and when directed
by the trial Court;
(g) Appellant/accused No.1 shall provide
the address proof before the Investigating
Officer and the trial Court;
The violation of the above conditions entails
cancellation of the bail.
Sd/-
(G BASAVARAJA)
JUDGE
DHA
List No.: 1 Sl No.: 14
