Karnataka High Court
Varun Yadav J vs State Of Karnataka on 1 July, 2025
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NC: 2025:KHC:23368
CRL.A No. 1199 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF JULY, 2025
BEFORE
THE HON'BLE MRS JUSTICE M G UMA
CRIMINAL APPEAL NO. 1199 OF 2025 (U/S 14(A) (2))
BETWEEN:
VARUN YADAV .J.
S/O JAGADEESHA .H.
AGED ABOUT 23 YEARS,
R/AT NO.63, BHEEMASANDRA
ROAD, YADAVA STREET,
SIDDAPURA, CHITRADURGA
KARNATAKA - 577 520
...APPELLANT
(BY SRI. MONICA PATIL, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY KODIGEHALLI POLICE STATION,
BANGALORE - 560 092
REPRESENTED BY THE
STATE PUBLIC PROSECUTOR
Digitally signed
by SWAPNA V ATTACHED TO THE HON'BLE
Location: High HIGH COURT OF KARNATAKA
Court of
Karnataka
2. SMT. SHYLAJA .N.S.
D/O. LATE. SRIRAMAPPA
AGED ABOUT 24 YEARS
RESIDING AT HEBBALA,
GUDDAHALLI, SHALINI BAR
MAIN ROAD, 3RD CROSS,
BANGALORE - 560 024
...RESPONDENTS
(BY SRI. HARISH GANAPATHY, HCGP FOR R1
R2 - SD)
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NC: 2025:KHC:23368
CRL.A No. 1199 of 2025
HC-KAR
THIS CRL.A IS FILED U/S 14A(2) OF SC AND ST (POA) ACT
PRAYING TO EXERCISE APPELLATE JURISDICTION AND SET ASIDE
THE REJECTION OF BAIL VIDE ORDER DATED 16.05.2025 PASSED
HONBLE PRINCIPAL CITY CIVIL AND SESSIONS JUDGE, AT
BANGALORE (CCH-71) AND THEREBY ENLARGE THE APPELLANT ON
REGULAR BAIL, ON ANY TERMS AND CONDITIONS DEEMED FIT BY
THIS HONBLE COURT IN CRIME NO.116/2025 DATED 16.04.2025
FOR THE ALLEGED OFFENCES P/U/S 3(1)(R)(S), 3(2)(V), 3(1)(W) OF
THE SC/ST (PREVENTION OF ATROCITIES) ACT 1989 AND SECTION
3(5), 318(2), 352, 69 OF THE BHARATIYA NYAYA SANHITA 2023,
KODIGEHALLI POLICE STATION PENDING BEFORE THE HONBLE
PRINCIPAL CITY CIVIL AND SESSIONS JUDGE, AT BANGALORE (CCH-
71) THE APPELLANT ON BAIL.
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 -accused No.1 is before this Court seeking
grant of 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 Crime
No.116/2025 of Kodigehalli Police Station, registered for the
offences punishable under Sections 3(1)(r), 3(2)(v), 3(1)(w) of
the Act and Section 3(5), 318(2), 352, 69 of the Bharatiya
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HC-KAR
Nyaya Sanhita, 2023 (for short 'the BNS'), on the basis of the
first information lodged by informant - Shyalaja N.S.
2. Heard Smt. Monica Patil, learned Counsel for the
appellant and Sri. Harish Ganapathy, learned High Court
Government Pleader for the respondent No.1-State. Perused
the materials on record.
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 appellant is entitled for grant
of bail under Section 14-A(2) of SC/ST
(Prevention of Atrocities) Act, 1989?"
My answer to the above point is in 'Affirmative' for the
following:
REASONS
4. The appellant being accused No.1 was apprehended
on 01.05.2025 and since then he is in judicial custody. The
informant aged about 26 years has made allegations against
the accused that he has committed various acts including the
sexual assault under promise to marry and he humiliated her
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HC-KAR
by referring to her caste in public. Admittedly, the appellant is
not required for further investigation. He is also not required to
be detained in custody for any other purpose except to ensure
his presence before the Trial Court. It is not the contention of
the prosecution that the appellant is having any criminal
antecedents. Therefore, I am of the opinion, that the appellant
may be granted bail subject to conditions which will take care
of the interest of the prosecution as well as interest of the
complainant and the witnesses.
5. 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 Crime
No.116/2025 of Kodigehalli Police Station, on obtaining 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
jurisdictional Court, subject to the following conditions:
a). The appellant shall not commit similar
offences.
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b). The appellant shall not threaten or tamper
with the prosecution witnesses.
c). The appellant shall appear before the Court
as and when required.
If in case, the appellant violates any of the conditions as
stated above, the prosecution will be at liberty to move the
Trial Court seeking cancellation of bail.
On furnishing the sureties by the appellant, the Trial
Court is at liberty to direct the Investigating Officer to verify
the correctness of the address and authenticity of the
documents furnished by the appellant and the sureties and a
report may be called for in that regard, which is to be
submitted by the Investigating Officer within 5 days. The Trial
Court on satisfaction, may proceed to accept the sureties for
the purpose of releasing the appellant on bail.
Hand delivery of this order is permitted.
Sd/-
(M G UMA)
JUDGE
BH
