Karnataka High Court
Sri Anup R vs State Of Karnataka on 7 November, 2025
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NC: 2025:KHC:45114
CRL.A No. 2186 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
CRIMINAL APPEAL NO.2186 OF 2025 (U/S 14(A)(2))
BETWEEN:
SRI ANUP R
S/O. RAMESH R
AGED ABOUT 31 YEARS
RESIDING AT NO.401
AMRUTHAMAHI,
NEAR SHIVA TEMPLE
BENGALURU 560043.
...APPELLANT
(BY SRI. SHIVAMURTHY P., ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS WOMEN PS
Digitally signed by
HEMALATHA A DAVANAGERE
Location: HIGH REP. BY THE SPP
COURTOF HIGH COURT OF KARNATAKA
KARNATAKA BENGALURU- 560 001.
2. SMT. SHAILAJA R.V.
W/O. ANUP R.
AGED ABOUT 26 YEARS
R/AT NO.804/21, C BLOCK
SARASWATHI NAGAR
BEHIND TV STATION
PUMP HOUSE, DAVANAGERE
COCONUT GARDEN, 8TH CROSS
-2-
NC: 2025:KHC:45114
CRL.A No. 2186 of 2025
HC-KAR
OLD BANK COLONY
BANGALORE - 577004.
...RESPONDENTS
(BY SRI.B LAKSHMAN, HCGP FOR R1:
VIDE ORDER DATED: 07.11.2025
NOTICE NOT REQUIRED FOR R2)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION
14A(2) OF SC AND ST (POA) ACT PRAYING TO ENLARGE
THE APPELLANT ON ANTICIPATORY BAIL IN THE EVENT OF
HIS ARREST IN CR.NO.120/2025 OF THE WOMEN P.S ,
DAVANAGERE FOR THE OFFENCE PUNISHABLE UNDER
SECTION 89, 115(2), 351(2), 75(1)(IV), 352, 79, 85 R/W
3(5) OF BNS, AND UNDER SECTION 3 AND 4 OF D.P ACT,
1961, AND SECTIONS. 3(1)(R), 3(1)(S), 3(2)(V-A),
3(2)(V) OF SC/ST (POA) ACT PENDING ON THE FILE OF
THE HONBLE 2ND ADDL. DIST. AND SESSIONS JUDGE,
DAVANAGERE DISTRICT, DAVANAGERE.
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/accused No.1 has preferred this appeal
against the order passed by the II Additional District and
Section Judge, Davanagere in Crl.Misc.No.976/2025 dated
23.10.2025.
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2. The brief facts leading to the appeal is that on the
basis of the complaint filed by Smt.Shailaja R.V.,
Davangere Woman Police Station have registered a case in
Crime No.120/2025 against accused Nos.1 to 5 and others
for the offences punishable under Sections 3 and 4 of the
Dowry Prohibition Act, 1961, Sections 3(2)(v-a), 3(1)(s),
3(2)(V), 3(1)(r) of the Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act, 1989 and Sections
89, 115(2), 351(2) and 75(1)(iv), 3(5), 352, 79 and 85 of
the Bharatiya Nyaya Sanhita (BNS), 2023.
3. The appellant and others have filed an application
under Section 482 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 for grant of anticipatory bail. The Trial Court
has rejected the bail application filed by this
appellant/accused No.1 and allowed the bail application
filed on behalf of accused Nos.2 to 5. Being aggrieved by
the said order, the appellant/accused No.1 has preferred
this appeal.
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4. The learned counsel appearing on behalf of the
appellant/accused No.1 has submitted that the accused
No.1 belongs to Scheduled Tribe, Nayaka Community. He
has produced the transfer certificate pertaining to
Mr.Ramesha H, father of the appellant, which reveals that
the caste is mentioned as Hindu-Nayaka. The appellant
has also produced the certificate issued by the Tahasildar,
Shivamogga, which reveals that Anup.R belongs to
Scheduled Tribe, Nayaka Community.
5. The learned HCGP submits that at the time of
receiving complaint, the Investigating Officer was not
aware of the caste of the accused and he has admitted
that the appellant belongs to Nayaka Community. Hence,
the penal provisions under the Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Act, 1989, are
not applicable to the present appellant.
6. Though, the appellant has produced the said
documents before the Trial Court, the Trial Court has
ignored the same and rejected the bail application of the
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appellant without assigning any proper reasons. The Trial
Court has already granted bail to the accused Nos.2 to 5.
7. The victim is the wife of the appellant-accused No.1.
The accused No.1 has filed M.C.No.4311/2025 under
Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955
before the Principal Family Judge, Bengaluru for divorce on
11.07.2025. Only after filing this MC case, the complainant
has filed this complaint. Therefore, considering the
relationship between the accused No.1 and the
complainant, and filing of divorce petition by this accused
before the Family Court prior to filing the FIR and release
of other accused by the Trial Court, I am of the opinion
that it is just and proper to allow this appeal.
8. Accordingly, I proceed to pass the following order:
ORDER
a) The appeal is allowed.
b) The order passed by the II Additional
District and Section Judge, Davanagere, in
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Crl.Misc.No.976/2025 dated 23.10.2025 is set
aside.
c) Consequently, application filed under
Section 482 of BNSS, is allowed.
d) The appellant-accused No.1 shall be
released on bail on executing a self bond of
Rs.1,00,000/- with one surety for the likesum to
the satisfaction of the Trial Court, in the event of
his arrest in Crime No.120/2025 of Women Police
Station, Davangere..
e) The appellant shall Assist the IO for his
investigation.
f) The appellant shall not threaten or tamper
the prosecution case in any manner.
g) The appellant shall not indulge in similar
offences.
Sd/-
(G BASAVARAJA)
JUDGE
DM
