Karnataka High Court
Radhamma vs The State Of Karnataka on 27 October, 2025
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CRL.A No. 1943 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
CRIMINAL APPEAL NO. 1943 OF 2025
BETWEEN:
1. RADHAMMA,
W/O MUNISWAMY,
AGED ABOUT 70 YEARS,
R/AT MARANAHALLI VILLAGE,
UGANE POST, SALAGAME HOBLI,
HASSAN -01.
2. RENUKA,
W/O NARAYANA,
AGED ABOUT 21 YEARS,
R/AT, MARANAHALLI VILLAGE,
UGANE POST, SALAGAME HOBLI,
HASSAN -01.
Digitally signed 3. SHWETHA,
by NANDINI R W/O DINESH D.M,
Location: HIGH AGED ABOUT 19 YEARS,
COURT OF
KARNATAKA R/AT, MARANAHALLI VILLAGE,
UGANE POST, SALAGAME HOBLI,
HASSAN -01.
...APPELLANTS
(BY SRI PRATHEEP.K.C, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REP. BY ARASIKERE TOWN POLICE STATION,
HASSAN DISTRICT,
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CRL.A No. 1943 of 2025
HC-KAR
REP. BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENGALURU - 560 001.
2. ASHA,
AGED ABOUT 32 YEARS,
W/O SHREEKANTHAIAH,
R/AT, MARANAHALLI VILLAGE,
UGANE POST, SALAGAME HOBLI,
HASSAN -01
...RESPONDENTS
(BY SMT. ASMA KOUSER, ADDL. SPP FOR R-1;
R-2 SERVED AND UNREPRESENTED)
THIS CRL.A. IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT,
2015 TO ALLOW THE APPEAL AND GRANT ANTICIPATORY BAIL
TO APPELLANTS IN THE EVENT OF THEIR ARREST IN CR
NO.211/2025 REGISTERED BY HASSAN RURAL POLICE FOR
THE OFFENCES U/S 54, 352, 351(2), 74, 115(2), R/W 3(5) OF
BNS SECTION 3(1)(r), 3(1)(s), 3(2)(va), 3(1)(za)(c) OF SC
AND ST (PREVENTION OF ATROCITIES ACT AND SECTION 75
OF JUVENILE JUSTI8CE ACT ON THE FILE OF ADDL.DISTRICT
AND SESSIONS JUDGE HASSAN.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE G BASAVARAJA
ORAL JUDGMENT
The appellants/accused Nos.3 to 5 have preferred this
appeal against the order dated 12.09.2025 passed by the Court
of Additional District and Sessions and Special Judge, Hassan in
Crl.misc.No.848/2025, whereby the bail petition filed by the
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accused under Section 482 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 ('BNSS, 2023' for short) came to be dismissed.
2. Learned counsel appearing for the appellants
submits that as per the complaint, the incident took place on
04.08.2025, whereas, the complaint came to be lodged on
06.08.2025 and there is a delay of two days in registration of
complaint. Learned counsel further submits that the appellants
are innocent, peace loving citizens and they have not
committed any offence leveled against them and they have
been falsely implicated in the alleged crime. He also submits
that there is a serious apprehension of arrest of appellants at
the hands of respondent No.1/Police. Hence, he seeks to allow
the appeal.
3. On the other hand, learned Additional SPP submits
that the trial Court has appreciated the material on record in
accordance with law and absolutely, there are no other grounds
to interfere with the impugned order. Hence, she seeks to
dismiss the appeal.
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4. Heard the learned counsel for the appellants and
learned Additional SPP for respondent No.1. Respondent No.2
though served, unrepresented.
5. The Investigating Officer has submitted his report
that the notice under Section 35(3) of BNSS, 2023 was served
to the accused Nos.3 to 5 namely, Radhamma, Renuka and
Shwetha. The copies of these notices are produced and it
reveals that all these accused have received the notice by
putting their LTM/signatures on these notices. It is also
submitted by the Investigating Officer that the charge sheet is
already submitted to the Court. The charge sheet reveals that
the Investigating Officer has filed charge sheet against the
accused for the commission of offences under Sections 352,
351(2), 74, 115(2) read with Section 3(5) of the Bharatiya
Nyaya Sanhita, 2023 and Sections 3(1)(r), 3(1)(s), 3(2)(va),
3(1)(za)(C) of the Scheduled Castes & Scheduled Tribes
(Prevention of Atrocities) Amendment Act, 2015 and Section 75
of the Juvenile Justice (Care and Protection of Children) Act,
2015.
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6. The alleged commission of offences are not
punishable with death or imprisonment for life. Hence, the
accused/appellants are not required for further investigation as
the charge sheet is already filed against them. Though the
Investigating Officer has issued the notice under Section 35(3)
of BNSS, 2023, on 15.10.2025, the Investigating Officer has
not arrested the accused. It shows that these accused are not
required for any investigation. Now the apprehension of the
appellants is that since the charge sheet is filed before the
Special Court, Special Court would issue Non-Bailable Warrant
against them.
7. Considering the nature, gravity of offences and
antecedents of the accused, I proceed to pass the following:
ORDER
i) Appeal is allowed. Consequently, the order dated
12.09.2025 passed by the Court of Additional
District and Sessions and Special Judge, Hassan
in Crl.misc.No.848/2025 is set aside.
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ii) Consequently, the bail petition filed under Section
482 of the Bharatiya Nagarik Suraksha Sanhita,
2023, is allowed.
iii) The appellants shall be released on bail on
executing a self bond of Rs.1,00,000/- (Rupees
One Lakh Only) each with one surety each for the
likesum to the satisfaction of the trial Court.
iv) The appellants shall appear before the trial Court
within 15 days from today.
v) The appellants shall not tamper or threaten the
prosecution witnesses in any manner.
vi) The appellants shall appear before the trial Court
on all the dates of hearing.
Sd/-
(G BASAVARAJA)
JUDGE
NR/-
