Karnataka High Court
Sri Yashaswi I vs State By Women Police Station on 10 November, 2025
-1-
NC: 2025:KHC:45434
CRL.A No. 2086 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
CRIMINAL APPEAL NO. 2086 OF 2025 (U/S 14(A) (2))
BETWEEN:
SRI YASHASWI I
AGED ABOUT 27 YEARS
S/O INDRAKUMAR T
R/AT NEAR MALE FACTORY CIRCLE,
NEAR SRIDEVI COLLEGE,
SIRA ROAD, LINGAPURA EXTENSION,
TUMAKURU CITY,
TUMAKURU DISTRICT-572102.
...APPELLANT
(BY SRI. VIVEK S. REDDY, SR. COUNSEL FOR
SRI. M. R. NAGABHUSHANA., ADV.)
AND:
1. STATE BY WOMEN POLICE STATION
Digitally signed by TUMAKURU CITY,
LAKSHMINARAYAN N
Location: HIGH COURT
TUMAKURU DISTRICT-572 102
OF KARNATAKA
(REPT. BY STATION HOUSE OFFICER)
2. SMT. SHYLAJA B. S.
AGED ABOUT 27 YEARS,
D/O SIDDAIAH
R/AT BYCHAPURA VILLAGE,
GULUR HOBLI,
TUMAKURU TALUK-572 118
TUMAKURU DISTRICT.
...RESPONDENTS
(BY MS. ASMA KAUSER, ADDL SPP. FOR R1,
SRI. SURYA MUKUNDARAJ L., ADV. FOR R2.)
-2-
NC: 2025:KHC:45434
CRL.A No. 2086 of 2025
HC-KAR
THIS CRL.A. IS FILED U/S.14(A) (2) OF SC/ST (POA)
ACT, 2015 PRAYING TO GRANT ANTICIPATORY BAIL BY
DIRECTING THE 1ST RESPONDENT POLICE TO ENLARGE HIM
ON BAIL IN THE EVENT OF ARREST IN CONNECTION WITH
CR.NO.174/2025 P/U/S. 85, 82(1), 115(2), 351(2), 352, 3(5)
OF BNS, 2023 AND U/S. 3(1)(r)(s) AND 3(2)(va) OF SCHEDULE
CASTS AND SCHEDULE TRIBES (PREVENTION OF ATROCITIES)
ACT, PENDING ON THE FILE OF THE HON'BLE 3RD ADDL.
DISTRICT AND SESSIONS JUDGE AT TUMAKURU.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE G BASAVARAJA
ORAL JUDGMENT
1. The appellant who is accused No.1 before the trial
Court has preferred this appeal against the order passed
by the III Additional District and Sessions Judge,
Tumakuru (for short 'the trial Court') in
Crl.Misc.No.1302/2025 dated 11.09.2025.
2. For the sake of convenience, the parties are referred
to same rank and status before the trial Court.
3. The brief facts leading to this appeal are that, on the
basis of complaint filed by Shylaja B.S., Women Police
Station, Tumakuru, registered the case in Crime
NC: 2025:KHC:45434
HC-KAR
No.174/2025 against accused Nos.1 to 3 for the
commission of offence punishable under sections 85,
82(1), 115(2), 351(2), 352, 3(5) of BNS 2023, section
66(E) of the Information Technology Act, 2008 and
sections 3(1)(r), 3(1)(s), 3(2)(va) of the SC & ST
(Prevention of Atrocities) Amendment Act, 2015.
4. All three accused filed application under Section 482
of BNSS 2023. Same was partly allowed. The trial Court
has rejected the anticipatory bail application of petitioner
No.1/appellant and allowed the anticipatory bail
applications filed on behalf of petitioner Nos.2 and 3 who
are accused 2 and 3. Being aggrieved by this order, the
appellant who is accused No.1, has preferred this appeal.
5. Respondent No.2 appeared through her counsel and
filed statement of objections contending that in view of
section 18 of SC & ST (POA) Act, 1989, the application
filed under Section 482 of BNSS 2023 is not maintainable.
There are prima facie materials to attract the alleged
NC: 2025:KHC:45434
HC-KAR
commission of offences. Further he has narrated the facts
of the case. It is also submitted that the custodial
interrogation of the appellant is required. On all these
grounds, it is sought for rejection of this bail application.
6. I have examined the materials placed before this
Court. The trial Court has granted anticipatory bail to
accused 2 and 3. On perusal of complaint, it is crystal
clear that the father of the accused No.1-Indrakumar.T
has abused the victim by referring to her caste. At this
stage, absolutely there are no accusation against accused
No.1 that he has abused the victim by referring to her
caste. Therefore, at this stage, there are no prima facie
materials to attract the alleged commission of offences
punishable under the provisions of SC & ST (POA) Act.
Sofar as the other offences are concerned, same are not
punishable with death or imprisonment for life. The
Investigating Officer has not issued the notice under
Section 35 of BNSS, 2023. If really the accused No.1 is
required for custodial interrogation, the Investigating
NC: 2025:KHC:45434
HC-KAR
Officer would have complied the mandatory provisions of
Section 35 of BNSS, 2023. Apart from this, even after
lapse of 60 days, the Investigating Officer has not
submitted the final report as required under Sub-rule (2)
of Rule 7 of the SC & ST (POA) Rules, 1995. It is not in
dispute that the trial Court has already granted
anticipatory bail to accused 2 & 3. In view of principle of
parity also, the accused No.1 is entitled for anticipatory
bail as sought for. Accordingly, I proceed to pass the
following:
ORDER
(i) The Criminal Appeal is allowed.
(ii) The order dated 11.09.2025 in
Crl.Misc.No.1302/2025 passed by the III Additional District
and Sessions Judge, Tumakuru, against this
appellant/accused No.1, is set aside. Consequently,
application filed by accused No.1 under Section 482 of
BNSS, 2023 is allowed subject to following conditions:
NC: 2025:KHC:45434
HC-KAR
(a) The appellant/accused No.1 shall be released
on bail on executing self-bond of Rs.1,00,000/- with
one surety for likesum to the satisfaction of the
Investigating Officer / concerned Court in the event
of his arrest in Crime No.174/2025 of Tumakuru
Women Police Station.
(b) The appellant/accused No.1 shall not tamper or
threaten the prosecution witnesses in any manner.
(c) The appellant/accused No.1 shall not leave the
jurisdiction of the trial Court till filing of final report.
(d) The appellant/accused No.1 shall assist the
Investigating Officer for investigation.
Sd/-
(G BASAVARAJA)
JUDGE
DHA
