Karnataka High Court
Vishnu B L vs The State Of Karnataka on 17 October, 2025
-1-
NC: 2025:KHC:41560
CRL.A No. 1992 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
CRIMINAL APPEAL NO. 1992 OF 2025 (U/S 14(A) (2))
BETWEEN:
VISHNU B L
S/O LAKSHMANA D. P.
AGED ABOUT 24 YEARS,
OCC: AGRICULTURIST,
R/O HALAGADKA,
DURGADAHALLI VILLAGE,
SUNKASALE POST,
BALUR HOBLI, MUDIGERE TALUK,
CHIKKAMAGALURU DISTRICT - 577 122
...APPELLANT
(BY SRI. UMESH P.B., ADV. FOR
SRI. R. B. DESHPANDE., ADV.)
AND:
Digitally signed by
1. THE STATE OF KARNATAKA
LAKSHMINARAYAN N BY BALUR POLICE STATION,
Location: HIGH
COURT OF MUDIGERE CIRCLE,
KARNATAKA
CHIKKAMAGALURU DISTRICT-577 122
(REPRESENTED BY
STATE PUBLIC PROSECUTOR
HIGH COURT BUILDINGS,
BENGALURU - 560 001)
2. SMT. SUSHEELA
D/O SIDDAIAH
AGED ABOUT 28 YEARS,
OCC: LABOURER,
-2-
NC: 2025:KHC:41560
CRL.A No. 1992 of 2025
HC-KAR
R/O ARALUGUPPE,
KAIMARA, CHIKKAMAGALURU - 577 131
NOW RESIDING AT
BEGADHALLI VILLAGE,
KAIMARA POST,
CHIKKAMAGALURU-577 131
...RESPONDENTS
(BY SRI. RANGASWAMY R., HCGP. FOR R1,
R2 SERVED AND UNREPRESENTED.)
THIS CRL.A IS FILED U/S 14(A)2) OF SC/ST (POA) ACT
PRAYING TO SET ASIDE THE ORDER DATED 02.09.2025 IN
CRL.MISC.NO.393/2025 PASSED BY THE 1ST ADDL. SESSIONS
AND SPL.JUDGE AT CHIKKAMAGALURU CONSEQUENTLY
DIRECT THE CONCERNED POLICE OF BALUR P.S. MUDIGERE
CIRCLE, CHIKKAMAGALURU DISTRICT TO ENLARGE THE
APPELLANT/ ACCUSED NO.1 ON BAIL IN CR.NO.24/2025 OF
BALUR P.S MUDIGERE CIRCLE, CHIKKAMAGALURU DISTRICT
(REGISTERED FOR THE OFFENCE P/U/S 115(2),352 R/W 3(5)
BNS 2023 (CORRESPONDING PROVISION SEC.323,504 R/W 34
OF IPC AND SEC.3(1)(r),3(1)(s),3(2)(va) OF SC/ST POA
AMENDMENT ACT 2015 IN THE EVENT OF HIS ARREST.
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 dated 02.09.2025 passed by the
I Additional Sessions and Special Judge, Chikkamagaluru,
(for short, hereinafter referred to as "trial Court") in
NC: 2025:KHC:41560
HC-KAR
Crl.Misc.No.393/2023 dismissing the bail application filed
under Section 482 of BNSS Act, 2023.
2. For the sake of convenience, the parties herein are
referred to as per their status and ranking before the trial
Court.
3. Brief facts leading to this appeal are that, the
Deputy Superintendent of Police, Chikkamagaluru
Sub-division, Chikkamagaluru, has registered a case
against the accused for the offences punishable under
Sections 115(2) and 352 of Bharatiya Nyaya Sanhita,
2023 (herein referred as 'BNS Act') r/w section 3(5) of
BNS and sections 3(1)(r), 3(1)(s) and 3(2)(va) of SC & ST
(Prevention of Atrocities) Amendment Act, 2015 (herein
referred as 'SC & ST (POA) Act').
4. Despite service of notice, respondent No.2
remained absent and unrepresented.
5. Heard arguments of both the parties.
NC: 2025:KHC:41560
HC-KAR
6. The Trial Court has allowed the petition in respect
of petitioner Nos.2 to 5 but rejected the bail application
filed by the petitioner No.1-the present appellant. This
impugned order is passed prior to filing of charge sheet. It
is submitted that, now the charge sheet is already filed
against accused Nos.1 to 5 for the aforesaid offences.
7. In the charge sheet, the Investigating Officer has
not stated that the present appellant is required for further
investigation. The charge sheet reveals that the
Investigating Officer has completed the investigation. The
present appellant is not required for further investigation.
The alleged commission of offence is not punishable with
death or imprisonment for life.
8. Considering the peculiar facts and circumstances
of the case, since the accused is not required for further
investigation, I proceed to pass the following:
NC: 2025:KHC:41560
HC-KAR
ORDER
(i) Criminal Appeal is allowed.
(ii) The order dated 02.09.2025 passed by the
I Additional Sessions and Special Judge, Chikkamagaluru,
in Crl.Misc.No.393/2023 wherein the application filed by
the appellant under Section 482 of Bharatiya Nagarik
Suraksha Sanhita 2023, seeking anticipatory bail, in
respect of present appellant is hereby set aside.
Consequently, the application filed under Section 482 of
BNSS Act, is allowed, subject to the following conditions:
a) Since charge sheet is filed, the appellant-
accused No.1 is directed to surrender
himself before the Trial Court.
b) The Trial Court is directed to release the
appellant-accused No.1 on bail on
executing a personal bond for a sum of
Rs.1,00,000/- with two sureties for the
likesum to the satisfaction of the
jurisdictional Court;
NC: 2025:KHC:41560
HC-KAR
c) The appellant-accused No.1 shall appear
regularly on all the dates of hearing before
the Trial Court unless the Trial Court
exempts his appearance for valid reasons;
d) The appellant-accused No.1 shall not
threaten or tamper with the prosecution
witnesses in any manner;
e) The appellant-accused No.1 shall not
involve in similar offences in future;
f) The appellant-accused No.1 shall assist the
Investigating Officer, if necessary, for
further investigation.
Sd/-
(G BASAVARAJA)
JUDGE
DHA
