Karnataka High Court
Abhishek J R vs State Of Karnataka on 18 November, 2025
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CRL.A No. 2176 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. 2176 OF 2025 (U/S 14(A) (2))
BETWEEN:
1. ABHISHEK J R
S/O J. RAJANNA,
AGED ABOUT 26 YEARS
R/AT JADIGENAHALLI VILLAGE AND HOBLI,
HOSAKOTE TALUK,
BENGALURU RURAL DISTRICT - 562 114.
...APPELLANT
(BY SRI. TOMY SEBASTIAN, SR.COUNSEL FOR
SRI. RENY SEBASTIAN, ADVOCATE)
AND:
Digitally signed
by
SREEDHARAN
BANGALORE
SUSHMA
1. STATE OF KARNATAKA
LAKSHMI BY HOSAKOTE POLICE STATION.
Location: High
Court of REPRESENTED BY THE SPP
Karnataka
HIGH COURT OF KARNATAKA
HIGH COURT BUILDING
BANGALORE - 560 001.
2. SAHANA. V,
D/O. VENKATARAMANAPPA
AGED ABOUT 23 YEARS
RESIDING AT N.R. EXTENSION
CHINTAMANI TOWN AND TALUK
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CRL.A No. 2176 of 2025
HC-KAR
CHIKKABALLAPURA - 562 101.
...RESPONDENTS
(BY KUM. ASMA KOUSER, ADDL. SPP FOR R1;
R2 SERVED AND UNREPRESENTED)
THIS CRL.A. FILED U/S 14(A)(2) OF SC/ST (POA) ACT,
2015 PRAYING TO SET ASIDE THE ORDER DATED 23.10.2025,
PASSED BY 2ND ADDL. DISTRICT AND SESSION COURT,
BANGALORE RURAL DIST, BANGALORE IN CRL.MISC. NO.
1826/2025 AND RELEASE THE APPELLANT IN THE EVENT OF
ARREST IN CRIME NO.259/2025 OF HOSAKOTE POLICE
STATION REGISTERED FOR THE OFFENCES UNDER SECTIONS
3(1)(w), 3(1)(r)(s), 3(2)(va) OF SC AND ST (PREVENTION OF
ATROCITIES) AMENDMENT ACT 2015 AND UNDER SECTION 69,
115(2), 318(4), 351(2), 352, 3(5) OF BNS, 2023, PENDING
BEFORE THE 2ND ADDL. DISTRICT AND SESSION COURT,
BANGALORE RURAL DIST, BANGALORE.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE G BASAVARAJA
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CRL.A No. 2176 of 2025
HC-KAR
ORAL JUDGMENT
1. The appellant/accused No.1 has preferred this appeal
against the order passed by the II Additional District and
Sessions Judge and Special Judge, Bengaluru Rural
District, Bengaluru in Crl.Misc.No.1826/2025 dated
23.10.2025.
2. Brief facts leading to this appeal are that on the basis of
the complaint filed by the informant, Hosakote Police
Station have registered a case in Crime No.259/2025
against accused Nos.1 and 2 for the commission of
offences punishable under Sections 3(1)(w), 3(1)(r)(s),
3(2)(va) of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989 (for short 'SC & ST
(POA) Act') and under Sections 69, 115(2), 318(4),
351(2), 352, 3(5) of the Bharatiya Nyaya Sanhita, 2023
(for short 'BNS 2023').
3. Both the accused have filed petition under Section 482 of
BNSS for grant of anticipatory bail in the event of their
arrest. The trial Court has rejected the bail petition
against this appellant and allowed the petition against
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accused No.2. Being aggrieved by the rejection of bail
petition, the appellant has preferred this appeal.
4. Sri.Tomy Sebastian, learned Senior counsel appearing on
behalf of the appellant would submit that the averments
made in the complaint do not indicate that promise of
marriage made by accused No.1 was false from inception
or that the complainant engaged in a sexual relationship
solely on the basis of a such promise. It is the specific
case of the prosecution that relationship between the
appellant and the respondent No.2 did not culminate in
marriage owing to differences relating to her caste. The
entire crux of the complaint revolves around the
cancellation of the proposed marriage and it appears that
being aggrieved by the same, the complainant has
resorted to filing the present complaint.
5. Further, it is submitted that the trial Court had granted
bail to the accused No.2. On principle of parity also, the
appellant is entitled for bail. On all these grounds, the
learned Senior Counsel sought for allowing this appeal.
6. Ms.Asma Kauser, learned Additional SPP for respondent
No.1 would submit that the trial Court has properly
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appreciated the materials on record and hence, that
there are no grounds to allow this appeal.
7. I have examined the materials placed before this Court.
On the basis of the complaint filed by the complainant-
informant, the Hosakote Police Station have registered a
case in Crime No.259/2025 for the commission of
offences stated supra. The alleged incident took place on
16.02.2023 and after lapse of 3 years, the complainant
has filed this complaint on 14.09.2025.
8. The Investigating Officer has not submitted the charge
sheet within 60 days from the date of registration of the
case as required under Sub Rule (2) of Rule 7 of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Rules, 1995. Even the Investigating Officer
has not issued the arrest notice as required under
Section 35 of BNSS 2023. If really the accused is
required for investigation/interrogation, the Investigating
Officer would have taken steps as required under Section
35 of BNSS 2023, but, he has not done so. Even till this
day, though the offence is cognizable in nature, which is
punishable with more than 7 years, the Investigating
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Officer has not taken any steps to arrest the appellant for
the reasons best known to him. The trial Court has
granted anticipatory bail to accused No.2.
9. Considering the facts and circumstances of the case, at
this stage, there are no prima facie materials to attract
the alleged penal provisions of SC & ST (POA) Act, 1989.
The remaining offences are not punishable with death or
imprisonment for life.
10. Accordingly, I proceed to pass the following:
ORDER
i) Appeal is allowed.
ii) The order passed by the II Additional District
and Sessions Judge and Special Judge,
Bangalore Rural District, Bangalore in
Crl.Misc.No.1826/2025 dated 23.10.2025, is set
aside in respect of the order passed against the
appellant.
iii) Consequently, application filed under Section
482 of BNSS is allowed.
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iv) The appellant shall be released on bail in the
event of his arrest in Crime No.259/2025 of
Hosakote Police Station on executing a self bond
of Rs.1,00,000/- with one surety for like sum.
v) The appellant shall not tamper or threaten the
prosecution witnesses in any manner.
vi) The appellant shall assist Investigating Officer
for the investigation.
Sd/-
(G BASAVARAJA)
JUDGE
UN
