Karnataka High Court

Sri. Reddappa Reddy vs State By on 18 November, 2025

                                                  -1-
                                                                NC: 2025:KHC:47359
                                                            CRL.A No. 2043 of 2025


                       HC-KAR



                            IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                             DATED THIS THE 18TH DAY OF NOVEMBER, 2025
                                                BEFORE
                                THE HON'BLE MR. JUSTICE G BASAVARAJA
                        CRIMINAL APPEAL NO. 2043 OF 2025 (U/S 14(A) (2))
                       BETWEEN:

                       SRI. REDDAPPA REDDY
                       S/O K. KANNAREDDY
                       AGED ABOUT 36 YEARS,
                       R/AT DOOR NO. 31, 10TH CROSS,
                       VEERENAHALLI VILLAGE,
                       BIDARAHALLI HOBLI,
                       BENGALURU EAST TALUK,
                       BENGALURU-560049
                       PERMANENT:- GUNTALA,
                       YAMBADI VILLAGE,
                       RAMASAMUDRAM,
                       KUDURUCHEEMA NAPALLIPOST,
                       CHITTOOR,
                       ANDHRA PRADESH-517247.
                                                                      ...APPELLANT
                       (BY SRI. RANGANATH REDDY R., ADV.)
Digitally signed by
LAKSHMINARAYAN N
Location: HIGH COURT
OF KARNATAKA           AND:

                       1.    STATE BY
                             THE STATION HOUSE OFFICER,
                             AVALAHALLI POLICE STATION,
                             BANGALORE,
                             (REPRESENTED BY THE
                             STATE PUBLIC PROSECUTOR),
                             HIGH COURT OF KARNATAKA,
                             PIN CODE-560001

                       2.    ARAVINDA,
                             S/O SRINIVASALU,
                             -2-
                                        NC: 2025:KHC:47359
                                    CRL.A No. 2043 of 2025


HC-KAR



    AGED ABOUT 27 YEARS,
    R/AT BATTALAPURAM VILLAGE,
    CHOWDEPALLI MANDALAM,
    CHITTOOR DISTRICT,
    ANDRA PRADESH-517247
                                           ...RESPONDENTS
(BY KUM. ASMA KOUSER, ADDL SPP. FOR R1,
 SRI. MANJUNATH NAYAK, ADV. &
 SMT. SWATI L. KANAT, ADV. FOR R2.)

     THIS CRL.A IS FILED U/S 14A(2) OF SC AND ST (POA)
ACT BY PRAYING TO SET ASIDE THE ORDER DATED
12.06.2025 PASSED BY II ADDL.DIST. AND SESSIONS JUDGE
BENGALURU RURAL, BENGALURU IN CRL.MISC.NO.928/2025
AND ORDER THE APPELLANT TO BE ENLARGED ON BAIL IN
CR.NO.359/2024 AVALAHALLI P.S FOR THE O/P/U/S 103,238
OF BNS ACT 2023 AND SEC.3(2)(v) OF SC/ST (POA) ACT.

    THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE G BASAVARAJA

                    ORAL JUDGMENT

The appellant/accused has preferred this appeal

against order passed by the II Addl.District and Sessions

Judge, Bengaluru Rural District, Bengaluru in Crl. Misc.No.

928/2025 dated 12.06.2025.

2. The brief facts leading to this appeal are that,

on the basis of the complaint filed by Aravinda, Avalahally

Police have registered the case in Crime No.359/2024

NC: 2025:KHC:47359

HC-KAR

against the accused. After investigation, the Investigating

Officer has submitted the charge-sheet against the

accused for the offences under Section 103, 238 of

Bharatiya Nyaya Sanhita (BNS), 2023 and Section 3(2)(v)

of the SC/ST (Prevention of Atrocities) Amendment Act,

2015.

3. The appellant had filed an application under

Section 483 of BNSS before the trial Court. The same

came to be dismissed in Criminal Miscellaneous No.

928/2025. Being aggrieved by the impugned order, the

appellant has preferred this appeal.

4. The learned counsel for the appellant would

submit that the entire case is based on circumstantial

evidence, and there is no evidence as to the alleged

incident. CW2 and CW3, who are the owners of the house

belonging to accused No. 1, had not filed a complaint even

after lapse of 2 days of the alleged incident. Further, their

statements were recorded on 27.10.2024 i.e., after 11

NC: 2025:KHC:47359

HC-KAR

days from the date of the alleged incident also creates a

serious doubt in the version of prosecution.

5. CW4 is said to be the roommate of the

deceased, he gave information to the complainant, who is

the father of the deceased, that the deceased had been to

the house of the accused. Surprisingly, even his statement

is recorded belatedly after 11 days. The recovery of the

chopper used for the commission of crime was not at the

instance of the accused. Even if the version of the

prosecution is believed to be true, the alleged incident is

not said to have taken place because the accused had an

illicit relationship with the wife of accused No.1 and not

because the deceased belongs to SC and ST caste.

6. Further he would submit that the FSL report is

not yet received. The accused is in judicial custody from

the date of arrest for more than one year. Hence,

respondent police have invoked the provisions of SC/ST

Act arbitrarily only to solidify the case of the prosecution,

the appellant is entirely innocent of the offence alleged

NC: 2025:KHC:47359

HC-KAR

against him. He has been falsely implicated in this case at

the instance of vested interest. The accused/appellant is

ready to abide by the conditions imposed by this Court and

on these grounds sought for allowing the appeal.

7. As against this, the learned counsel for the

respondent No.2 and learned Addl. SPP have submitted

that there are sufficient materials to attract the alleged

commission of offences. The alleged offences are heinous

in nature and punishable with death or imprisonment for

life and sought for dismissal of the appeal.

8. I have examined materials placed before this

Court, on the basis of the complaint filed by Aravinda,

Avalahally Police have registered the case in Crime

No.359/2024 for the offences punishable under Sections

103 and 238 of Bharatiya Nyaya Sanhita (BNS), 2023.

After investigation, the Investigating Officer has submitted

the charge-sheet against the accused for the offences

under Section 103 and 238 of Bharatiya Nyaya Sanhita,

NC: 2025:KHC:47359

HC-KAR

2023 and Section 3(2)(v) of SC/ST (Prevention of

Atrocities) amended Act, 2015.

9. In paragraph No.17 of the charge-sheet, it is

stated as under:

PÉÃ¹£À ಸಂ ಪ ಾ ಾಂಶ

¢ ಾಂಕ-13/10/2024 ರಂದು ಾ 11-30 ಗಂ ೆ ಂದ ಾಂಕ-14/10/2024 ರಂದು ೆಳ ನ ಾವ 05-00 ಗಂ ೆಯ ಒಳ ೆ ಆವಲಹ"#, ¥ÉÆÃ$ೕ& $ೕ& 'ಾ(ಾಸರಹದು) ಘನ ಾ+,ಾಲದ -ಾ+. ೆ ೇ/ದ ೆಂಗಳ0ರು ಪ1ವ2 3ಾಲೂಕು, 5ದರಹ"#, 6ೋಬ", «Ã ೆನಹ"#, 8ಾ9ೋ:ಯ$; ಾ -7 ರವರ ಮ ೆಯ$;, ಎ-1 ಆ ೋ. ಾ> ೆ ೆ -ಾಸ-ಾ ದು) ಎ-1 ಆ ೋ.ಯ ೆ?ೕ@ತ ಾದ ಮೃತ CೆDE ¥À°è ಾ9ಾGಯು ಎ-1 ಆ ೋ.ಯ 6ೆಂಡ ಾ -7ರವ ೊಂ ೆ ಮೃತ CೆDE ಾ9ಾG ಅಕ ಮ ಸಂಭಂದ ಇಟುE8ೊಂ>ರು3ಾ ೆ ಎಂದು ಮೃತ CೆDE¥À CೆDE °è, ಾ9ಾG ಪ/MಷE ಜ ಾಂಗ ೇರದವ ಾ ದು) ಎ-1 ಆ ೋ.ಯು ೆ>P ಜ ಾಂಗ8ೆQ ೇ/ದು) ೇ/ ದು) ಎ-1 ಆ ೋ. 6ೆಂಡ ಾ -7 ರವರ ೋ3ೆ ಪ/MಷE ಜ ಾಂಗದವ ಾದ ಮೃತ CೆDE¥À CೆDE °è, ಾ9ಾG ಅಕ ಮ ಸಂಭಂದ ಇಟುE8ೊಂ>ರುವ RSಾರ-ಾ ಮೃತ CೆDE ¥À°è ಾ9ಾGರವರನು? 8ೊ9ೆ Tಾಡುವ ಉVೆ)ೕಶ ಂದ ಾಂಕ-13/10/2024 ರಂದು ಾ 07-30 ಗಂ ೆ ೆ ಎ-1 ಆ ೋ.ಯು ಮೃತ CೆDE ¥À°è,- ಾ9ಾGಯನು? ಮ ೆ ೆ ಕ ೆ W8ೊಂಡು ಾ 10-30 ಗಂ ೆ ಂದ 11-30 ಗಂ ೆಯವ ೆ ೆ ಮೃತ ಾ9ಾGರವ/ ೆ > ಂXY Tಾ>Wದು) ಮೃತ ಾ9ಾG ರೂZನ$; ಮಲ Vಾ)ಗ ಇVೆ ನ ಾ 11-30 ಗಂ ೆ ಂದ ಾಂಕ-14/10/2024 ರಂದು ೆಳ ನ ಾವ 05-00 ಗಂ ೆಯ ಒಳ ೆ ,ಾವಗಲೂ ,ಾವ[Vೊ ಸಮಯದ$; ಮೃತ CೆDE ¥À°è, ಾ9ಾG ರೂZನ$;

ರೂZನ$; ಮಲ ದ)ವ: ೆ ಎ-1 ಆ ೋ. ಮ\]:ಂದ ಮ ೊ ೊ ಇSೆ^ ತ9ೆಯ _ೕ9ೆ ಕು ೆಯ _ೕ9ೆ ಎVೆ 6ಾಗು _ೖ-8ೈಗಳ _ೕ9ೆ ಹ9ೆ; Tಾ> 8ೊ9ೆ Tಾ> ಾ W ಗುರುತು Wಗದಂ3ೆ 8ೊ9ೆ Tಾ>ದ ಮಚ]ನು? ಮಂಚದ ಬ" ಬ\]ಟುE 8ೊ9ೆ Tಾ>ದ RSಾರ ,ಾ/ಗು "ಯದಂ3ೆ ಾಂಕ-14/10/2024 ರಂದು ೆಳ ನ ಾವ ,ಾವಗ9ೋ ,ಾವ[Vೋ ಸಮಯದ$;, ಮ ೆಯ ಾ $ ೆ 5ೕಗ

NC: 2025:KHC:47359

HC-KAR

6ಾb8ೊಂಡು 6ೋರಟು 6ೋ ದು) ಾಂಕ-16/10/2024 ರಂದು ಾ -1 ಮತು. ಾ -3 ರವರು ಮ ೆ ಾ ಲು 6ೊcೆದು ೋ>Vಾಗ ಮೃತನ ಾ9ಾG ರವರ ಶವವ[ ಎ-1 ಆ ೋ.ಯ -ಾಸದ ಮ ೆಯ ರೂZನ ಮಂಚದ _ೕ9ೆ 8ೊ9ೆ,ಾ 5 ರ ) ುವ[ದು ತ:dೆ ಂದ ಧೃಡಪDEರು3ೆ.