Karnataka High Court
Somanna @ Somu vs The State Of Karnataka on 13 October, 2025
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CRL.A No. 1873 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
CRIMINAL APPEAL NO. 1873 OF 2025
BETWEEN:
1. SOMANNA @ SOMU
S/O DODDAKARIYAPPA,
AGED ABOUT 49 YEARS
2. KARIYAMMA
W/O CHIKKATHIMMAYYA
AGED ABOUT 52 YEARS
BOTH APPELLANT Nos.1 AND 2 ARE
RESIDING AT GOLLARAHATTI
MATHODU, HOUSADURGA TALUK,
CHITRADURGA DISTRICT.
3. NAVEENKUMAR.R
S/O RAMESHA,
AGED ABOUT 25 YEARS
Digitally signed by R/AT KATIHATTI
NANJUNDACHARI CHIKKABYLADAKERRE
Location: HIGH HOSADURGA TALUK
COURT OF CHITRADURGA DISTRICT-577533
KARNATAKA
...APPELLANTS
(BY SRI.PUNEETH YADAV.E.S., ADVOCATE FOR
SMT.JANAVI.R., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THROUGH SRIRAMPURA POLICE
(REPRESENTED BY THE STATE
PUBLIC PROSECUTOR,
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CRL.A No. 1873 of 2025
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HIGH COURT OF KARNATAKA,
BENGALURU-560001)
2. THIMMABHOVI
S/O BHEEMABHOVI,
AGED ABOUT 60 YEARS,
R/AT HOSURU BHOVIHATTI VILLAGE,
HOSADSURGA TALUK,
CHITRADURGA, KARNATAKA - 577527
...RESPONDENTS
(BY SRI.M.R.PATIL., HCGP FOR R1;
R2 - SERVED & UNREPRESENTED)
THIS CRL.A IS FILED U/S 14(A)(2) OF SCHEDULED CASTES
AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT,
1989 BY THE ADVOCATE FOR THE APPELLANTS PRAYING THAT
THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE
ORDER DTD 03.09.2025 PASSED BY THE HONBLE COURT OF
SPECIAL II ADDL. DISTRICT AND SESSIONS JUDGE,
CHITRADURA IN CRL.MISC.No.943/2025 REJECTING THE
ANTICIPATORY BAIL APPLICATION FILED BY THE APPELLANTS;
ENLARGE THE APPELLANTS ON ANTICIPATORY BAIL IN THE
EVENT OF THEIR ARREST IN CONNECTION WITH
CR.NO.180/2025 REGISTERED AT SRIRAMPURA P.S.,
CHITRADURGA, FOR THE OFFENCES P/U/S 189(2), 191(2),
115(2), 118(1), 351(2), 190 OF THE BNS, 2023, U/S 3(1)(r),
3(1)(s), 3(2)(va) OF SC/ST (POA) ACT, 1989, PENDING IN 2ND
ADDL. DISTRICT AND SESSIONS JUDGE, CHITRADURGA.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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CRL.A No. 1873 of 2025
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CORAM: HON'BLE MR. JUSTICE G BASAVARAJA
ORAL JUDGMENT
The accused/appellants have preferred this appeal
against the orders passed by the Special, II Addl. District
and Sessions Judge, Chitradurga in Criminal
Miscellaneous.No.943/2025 dated 03.09.2025.
2. Learned counsel for the appellants would
submit that the alleged commission of offences are not
punishable with death or imprisonment for life and
absolutely there are no prima-facie materials to attract the
provisions of The Scheduled Castes and the Scheduled
Tribes (Prevention of Atrocities) Act, 1989 (for short,
'1989 Act'), against these appellants. As per the
averments of the complainant, one Bhagyamma who is
accused No.3 has abused the victim by referring her caste.
However, the Trial Court has committed an error and come
to the conclusion that there are prima-facie materials to
attract the alleged commission of offences against these
accused under the provisions of 1989 Act. He would
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submit that the other offences are exclusively triable by
the Magistrate. Further, he would submit that prior to this
incident, one Soubhagya @ Bhagyamma had lodged a
complaint against the son of complainant - Harish. In this
regard, case was registered in Crime No.215/2023 by
Srirampura Police for the commission of offences
punishable under Sections 354(b), 506, 147, 148, 143,
504, 323, 324, 149 and 448 IPC. Taking revenge against
these accused, the complainant has lodged a false
complaint against these accused and sought for allowing
this appeal.
3. Learned High Court Government Pleader
Sri.M.R.Patil would submit that there are no grounds to
interfere with the impugned order passed by the Trial
Court and sought for dismissal of the appeal.
4. I have examined the material placed before this
Court. It is the case of the complainant that on
23.07.2025 he had gone to Mathodu Government hospital
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for taking treatment and after taking treatment, at 5.30
PM he was standing near Arehalli circle at Mathodu village.
At that time, accused Nos.1 to 6 came there and accused
No.2 demanded him to give Rs.500/-, but complainant told
that he has no money. For that, accused abused him in
filthy language by taking his caste and when he
questioned the same, accused No.3, by holding his collar,
abused him in filthy language by taking his caste and
pushed him down and accused Nos.1 and 4 by picking
wooden stick assaulted on his face, hands and legs.
Accused Nos.2, 3, 5 and 6 threw stone on his forehead
and body and pushed him and kicked him and thereby
caused severe injuries on his forehead and face. Then one
Paramesh, Ananthanna, Annapurnamma, Ashoka and
Manju pacified the quarrel. Accused, while going, abused
him in filthy language by taking his caste name and also
gave life threat. Complainant filed complaint on
24.07.2025 and it was registered at 1.00 PM.
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5. A perusal of the complaint makes it crystal clear
that the accused No.3 was holding the collar of the
complainant and abused him in filthy language by referring
his caste and pushed him down.
6. At this stage, there are no materials to show
that the present appellants/accused have abused to the
complainant in filthy language by referring their caste. The
Trial Court has not properly appreciated the materials
before this Court in accordance with law and facts. At this
stage, there are no prima-facie materials to attract the
alleged commission of offences under the provisions of
1989 Act. With regard to the other offences are concerned,
they are not punishable with death or imprisonment for
life.
7. Considering the nature and gravity of the
offences and antecedents of the appellants, I am of the
opinion that it is just and proper to allow this appeal with
conditions. Accordingly, I pass the following:
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ORDER
(i) Appeal is allowed.
(ii) The order passed by the Special, II Addl.
District and Sessions Judge, Chitradurga in
Criminal Miscellaneous No.943/2025 dated
03.09.2025 is set aside.
(iii) Consequently, the application filed under
Section 482 of BNSS, 2023 is allowed.
(iv) The appellants who are the accused Nos.2, 5
and 6 shall be released on bail on executing
the bond for a sum of Rs.1,00,000/- each with
one surety for likesum in the event of their
arrest in Crime No.180/2025 of Srirampura
Police.
(v) The appellants shall assist the Investigation
Officer for his investigation.
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(vi) The appellants shall not involve in similar
offences.
(vii) The appellants shall not tamper or threaten
the prosecution witnesses in any manner.
(viii) Appellants shall appear before the Court as
and when directed.
SD/-
(G BASAVARAJA)
JUDGE
NC
