Citation : 2025 Latest Caselaw 9299 Kant
Judgement Date : 17 October, 2025
-1-
NC: 2025:KHC:41632
CRL.A No. 1783 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. 1783 OF 2025
BETWEEN:
SRI.K.N.CHANDRASHEKARA,
S/O SRI. NAGARAJU,
AGED ABOUT 45 YEARS,
R/AT NO.17/2, 1ST MAIN, 10TH CROSS,
RAMAMURTHY NAGAR,
BENGALURU-560 016.
...APPELLANT
(BY SRI ARUN K.S, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
BY BEGUR P. S.,
GUNDLUPET TALUK,
CHAMARAJANAGARA DISTRICT,
REP BY SPP HIGH COURT OF KARNATAKA,
Digitally signed by
BENGALURU-560012.
LAKSHMINARAYAN
N
Location: HIGH 2. SRI T.V. PARASHIVAMURTHY,
COURT OF
KARNATAKA S/O VENKATANAYAKA,
AGED ABOUT 37 YEARS,
R/AT THONDAVADI VILLAGE,
GUNDLUPET TALUK,
CHAMARAJANAGARA DISTRICT,
KARNATAKA - 571313.
...RESPONDENTS
(BY SRI B LAKSHMAN, HCGP FOR R1,
R2 SERVED AND UNREPRESENTED)
THIS CRL.A. IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT,
2015 BY THE ADVOCATE FOR THE APPELLANT/S PRAYING TO
SET ASIDE THE ORDER DATED 06.08.2025 IN CR NO.
-2-
NC: 2025:KHC:41632
CRL.A No. 1783 of 2025
HC-KAR
112/2025 BY THE PRL. DISTRICT AND SESSIONS JUDGE, AT
CHAMARAJANAGARA ALSO DIRECTING THE RESPONDENT
BEGUR POLICE STATION TO ENLARGE THE APPELLANT ON BAIL
IN CRIME NO.112/2025 FOR THE OFFENCES PUNISHABLE
UNDER SECTION 3(1)(R), 3(1)(S) OF SC/ST (PROHIBITION OF
ATROCITIES) ACT 1989, SECTIONS 352, 351(3), 126(2) OF
THE BHARATIYA NYAYA SANHITA 2023, SECTION 38 OF THE
KARNATAKA MONEY LENDERS ACT, SECTION 3 AND 4 OF
KARNATAKA PROHIBITION OF CHARGING EXORBITANT
INTEREST ACT 2004 ON THE FILE OF THE PRL. DISTRICT AND
SESSIONS JUDGE, AT CHAMARAJANAGARA.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE G BASAVARAJA
ORAL JUDGMENT
Appellant has preferred this appeal against the Order
dated 06th August 2025 pertaining to Crime No.112 of 2025 by
the District and Sessions Judge, Chamarajanagar, whereby the
bail application filed by the appellant came to be dismissed.
2. For the sake of convenience, the parties herein are
referred to as per status before the trial Court.
3. Brief facts leading to this appeal are that, Begur
Police registered case against the accused for commission of
offence punishable under sections 3(1)(r), 3(1)(s) of the
Scheduled Castes & Scheduled Tribes (Prevention of Atrocities)
NC: 2025:KHC:41632
HC-KAR
Act, 1989 (for short "the SC/ST (PoA) Act"); under sections
352, 351(3), 126(2) of BNSS-2023, under section 38 of
Karnataka Money Lenders Act, 1961; and under sections 3 and
4 of Karnataka Prohibition of Charging Exorbitant Interest Act,
2004. The bail application was filed before the trial court and
the same came to be rejected. Being aggrieved by the order of
rejection of bail application, the applicant has preferred the
present appeal.
4. The trial court has rejected the bail application on
the ground that the investigation was not completed. It is
submitted that the investigation is already completed and
charge-sheet has been filed on 15 September 2025. Now the
accused is not required for further investigation. The alleged
offences are not punishable with death or imprisonment for life.
Considering the nature and gravity of offence, the antecedents
of the accused/appellant and the age and occupation, I am of
the opinion that it is just a proper to allow the appeal.
Accordingly, I proceed to pass the following:
ORDER
i) Appeal is allowed;
NC: 2025:KHC:41632
HC-KAR
ii) Order dated 06th August 2025, passed in Crime No.112 of 2025, by the District and Sessions Judge, Chamarajanagara, is set aside;
iii) The bail application filed by the accused/appellant under section 483 of BNSS is allowed;
iv) Appellant/accused shall be released on bail upon execution of self-bond for Rs.1,00,000/- with one surety to the likesum to the satisfaction of the trial court;
v) Appellant shall not tamper or threaten the prosecution witnesses in any manner;
vi) Appellant shall not indulge in similar offences;
vii) Appellant shall appear before the trial court on all the dates of hearing.
Sd/-
(G BASAVARAJA) JUDGE
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