Karnataka High Court
Sunil M vs State By Doddapete Police Station on 18 July, 2025
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NC: 2025:KHC:26966
CRL.A No. 1340 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF JULY, 2025
BEFORE
THE HON'BLE MRS. JUSTICE M G UMA
CRIMINAL APPEAL NO. 1340 OF 2025 (U/S 14(A) (2))
BETWEEN:
SUNIL M.,
S/O SRI. MANJUNATHA,
AGED ABOUT 30 YEARS,
WORKING AS A BRANCH SALES
MANAGER, INDOSTAR CAPITAL
FINANCE LTD., JAIL ROAD,
SHIVAMOGGA, R/O. NEAR
WATER TANK, MATHODU VILLAGE,
SHIVAMOGGA TALUK - 577 201
...APPELLANT
(BY SRI. SURESH V., ADVOCATE)
AND:
1. STATE BY DODDAPETE POLICE STATION,
OPPOSITE TO INSTITUTE OF MEDICAL
SCIENCE, BANGALORE - HONAVAR ROAD,
SHIVAMOGGA - 577202
Digitally REPRESENTED BY ITS PUBLIC PROSECUTOR
signed by HIGH COURT OF KARNATAKA, BANGALORE
SWAPNA V
Location:
High Court of 2. KUBER K.G,
Karnataka AGED ABOUT 31 YEARS
S/O SRI. GUDDAPPA,
R/O JEENAHALLI VILLAGE,
NYAMATHI TALUK,
DAVANAGERE DISTRICT - 577 002
...RESPONDENTS
(BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1
R2 - SD)
THIS CRL.A IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT,
PRAYING TO ALLOW THIS APPEAL BY SETTING ASIDE THE ORDER
DATED 11.06.2025 PASSED BY THE II ADDL. DISTRICT AND
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NC: 2025:KHC:26966
CRL.A No. 1340 of 2025
HC-KAR
SESSIONS JUDGE AT SHIVAMOGGA IN CRL.MISC.NO.509/2025, BY
ENLARGING THE APPELLANT ON ANTICIPATORY BAIL IN
CR.NO.158/2025 REGISTERED BY DODDAPETE P.S. SHIVAMOGGA
FOR THE OFFENCE P/U/S 3(1)(R), 3(1)(S) AND 3(2)(VA) OF SC/ST
(POA) ACT AND SEC.115(2), 3(5), 352 OF BNS 2023.
THIS CRL.A, COMING ON FOR ORDERS, THIS DAY, JUDGMENT
WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE M G UMA
ORAL JUDGMENT
The appellant being the sole accused is before this Court
seeking grant of anticipatory bail under Section 14-A(2) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 (hereinafter referred to as 'the Act' for
short) in the event of his arrest in Crime No.158/2025 of
Doddapete Police Station, Shimoga, registered for the offences
punishable under Sections 13(1)(r), 3(1)(s) and 3(2)(va) of the
SC/ST Act, on the basis of the first information lodged by
informant-Kuber K.G.
2. Heard Sri Suresh V., learned Counsel for the
appellant and Smt.Rashmi Jadhav, learned Additional SPP for
the respondent No.1-State. Perused the materials on record.
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HC-KAR
3. In view of the rival contentions urged by the
learned counsel for both the parties, the point that would arise
for my consideration is:
"Whether the appellants are entitled for
grant of bail under Section 14-A of SC/ST
(Prevention of Atrocities) Act, 1989?"
My answer to the above point is in 'Affirmative' for the
following:
REASONS
4. It is the contention of the prosecution that
respondent No.2 being the informant obtained loan of
Rs.25,95,000/- for purchase of JCB. He had paid down payment
of Rs.2,70,000/- and issued 3 blank cheques. It is stated that
on 11.01.2025, seven or eight persons came and way laid the
JCB and took it away. When respondent No.2 had been to the
office of the appellant on 06.05.2025, the appellant refused to
return the JCB, but on the other hand abused in filthy language
by referring to his caste and humiliated him. Therefore, the first
information came to be filed.
5. It is stated that the JCB was taken away by the
informant being the manager of the private finance company
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on 11.01.2025, respondent No.2 went to the finance company
on 06.05.2025 and sought for returning the JCB, when the
incident said to have occurred. But the first information came
to be filed on 23.05.2025. Respondent No.2 states that he
discussed with his community people and later filed the first
information. The nature of allegation would not require the
appellant for custodial interrogation. There is inordinate delay
in filing the first information. In view of all these facts and
circumstances, I am of the opinion that, the appellant may be
granted anticipatory bail, subject to conditions which will take
care of the interest of the prosecution as well as interest of the
complainant and the witnesses.
6. Accordingly, I answer the above point in the
'affirmative' and proceed to pass the following:
ORDER
The appeal is allowed.
The appellant is ordered to be enlarged on bail in the
event of his arrest in Crime No.158/2025 of Doddapete Police
Station, Shimoga.
The appellant is directed to appear before the
Investigating Officer within 15 days from the date of receipt of
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this order and on his appearance, the Investigating Officer shall
enlarge him on bail subject to the following conditions:-
a. The appellant shall furnish the bond in a sum
of Rs.2,00,000/- (Rupees Two Lakhs only)
with two sureties for the likesum to the
satisfaction of the Investigating Officer;
b. The appellant shall not commit similar
offences;
c. The appellant shall appear before the
Investigating Officer or the court as and when
required; and
d. The appellant shall not threaten or tamper the
prosecution witnesses.
On furnishing the sureties by the appellant, the
Investigating Officer is at liberty to verify the correctness of the
address and authenticity of the documents furnished by him.
On satisfaction of the said documents, he may proceed to
accept the sureties within a reasonable time.
Sd/-
(M G UMA)
JUDGE
MKM
CT:VS
