Mr Chandra Kumar M vs State Of Karnataka
2026 Latest Caselaw 1689 Kant

Citation : 2026 Latest Caselaw 1689 Kant
Judgement Date : 23 February, 2026

[Cites 0, Cited by 0]

Karnataka High Court

Mr Chandra Kumar M vs State Of Karnataka on 23 February, 2026

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                                                                  NC: 2026:KHC:11211
                                                               CRL.A No. 132 of 2026


                          HC-KAR



                               IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                 DATED THIS THE 23RD DAY OF FEBRUARY, 2026

                                                   BEFORE
                                   THE HON'BLE MR. JUSTICE G BASAVARAJA
                               CRIMINAL APPEAL NO. 132 OF 2026 (U/S 14(A) (2))
                          BETWEEN:
                          1.    MR CHANDRA KUMAR M
                                AGED ABOUT 34 YEARS,
                                S/O NARAYANAPPA,
                                R/AT BEECHAGANAHALLI VILLAGE,
                                SOMENAHALLI HOBLI,
                                CHIKKABALLAPURA TALUK-562 104.

                                                                        ...APPELLANT
                          (BY SRI. MOHANA CHANDRA P., ADVOCATE)
                          AND:
                          1.    STATE OF KARNATAKA
                                BY GUDIBANDE POLICE STATION,
                                CHIKKABALLAPURA DISTRICT,
                                REPRESENTED BY
                                THE STATE PUBLIC PROSECUTOR,
                                VIDHANA SOUDHA,
Digitally signed by
LAKSHMINARAYAN N                BANGALORE -1.
Location: High Court of
Karnataka
                          2.    MR. GANGARAJU B.,
                                AGED ABOUT 30 YEARS,
                                S/O LATE DODDA ANJINAPPA,
                                R/AT BEECHAGANAHALLI VILLAGE,
                                SOMENAHALLI HOBLI,
                                CHIKKABALLAPURA TALUK-562 104.

                                                                     ...RESPONDENTS
                          (BY SRI.B.LAKSHMAN, HCGP FOR R1
                              SRI.N.DEVENDRA, ADVOCATE FOR R2)

                               THIS CRL.A IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT
                          BY THE ADVOCATE FOR THE APPELLANT/S PRAYING THAT THIS
                                   -2-
                                                 NC: 2026:KHC:11211
                                              CRL.A No. 132 of 2026


HC-KAR



HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE
ORDER DTD 22.12.2025 PASSED BY THE COURT OF 1st ADDL.
DISTRICT AND SESSIONS JUDGE, AT CHIKKABALLAPURA IN
CRL.MISC.NO.710/2025 AND ENLARGE THE APPELLANT ON
BAIL IN SPL.C.NO.140/2025, PENDING ON THE FILE OF 1st
ADDL.     DISTRICT     AND     SESSIONS  JUDGE,     AT
CHIKKABALLAPURA, FOR THE OFFENCES P/U/S 105, 238(B) OF
BNS, U/S 3(2)(v) OF SC/ST (POA) ACT.

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE G BASAVARAJA


                          ORAL JUDGMENT

The appellant has preferred this appeal against the

order passed by the I Addl. District and Sessions Judge,

Chikkaballapura in Crl. Misc. No.710/2025 dated

22.12.2025.

2. The brief fact leading to this appeal are that, on

the basis of the complaint filed by the complainant-

Gangaraju B.A, Gudibande Police have registered the case

in Crime No.134/2025 against accused/Appellant-

Chandrakumar.N and other unknown persons for the

offence under Section 103, 238(b), 3(5) of the Bharatiya

Nyaya Sanhita (BNS), 2023 and Section 3(1)(r)(s),

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3(2)(v) of the SC and ST (Prevention of Atrocities)

Amendment Act, 2015.

3. After investigation, Investigating Officer has

submitted the charge-sheet against only the accused-

Chandrakumar.N and other unknown accused are dropped

for the offence punishable under Section 105, 238(b) of

the Bharatiya Nyaya Sanhita (BNS), 2023 and Section

3(2)(v) of the SC and ST (Prevention of Atrocities)

Amendment Act, 2015.

4. The Investigating Officer has arrested the

accused on 11.09.2025 and he was remanded to judicial

custody. Application was filed under Section 483 of BNSS,

2023 and same came to be rejected on 22.12.2025. Being

aggrieved by this order, the appellant has preferred this

appeal.

5. The learned counsel appearing on behalf of the

appellant would submit that absolutely there are no

grounds to believe that the appellant has committed the

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alleged offences and the same are not punishable with

death or imprisonment for life. The maximum punishment

for the offence under BNSS is 10 years only. The

necessary ingredients of offence under SC/ST (Prevention

of Atrocities) of Act is not applicable to the facts of the

case in hand. Police have deliberately and intentionally

invoked the penal provisions of SC/ST (Prevention of

Atrocities) Act, to see that the appellant shall not be

granted on bail by the Court. Except the allegation that

the deceased belongs to Scheduled Caste and the

appellant belongs to Ediga caste, there is no allegation are

made out against the appellant to attract the penal

provision of SC/ST(Prevention of Atrocities) Act, 2015.

6. The appellant is married and having wife and

children aged 11 and 13 years and he is the sole bread

earner in the family. Even the offence under Section 105 is

also not applicable to the case on hand. At most the

alleged offence attracts under Section 106 of BNS, 2023,

which is punishable with only two years, which may

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extend up to 5 years and the alleged offences are bailable

in nature. On all these grounds, sought for allowing this

appeal.

7. As against this, the learned counsel for

respondent No.2 and learned High Court Government

Pleader would submit that, the trial Court has properly

appreciated the materials on record in accordance with law

and facts and sought for dismissal of the appeal.

8. I have examined the materials placed before

this Court. On the basis of the complaint filed by the

complainant-Gangaraju B.A, Gudibande Police have

registered the case in Crime No.134/2025 against

accused/appellant and others for the offence punishable

under Section 103, 238(b), 3(5) of the Bharatiya Nyaya

Sanhita (BNS), 2023 and Section 3(1)(r)(s), 3(2)(v) of the

SC and ST (Prevention of Atrocities) Amendment Act,

2015.

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9. After investigation the Investigating Officer has

submitted the charge-sheet against accused-

Chandrakumar.N only for the offence punishable under

Section 105, 238(b) of the Bharatiya Nyaya Sanhita

(BNS), 2023 and Section 3(2)(v) of the SC and ST

(Prevention of Atrocities) Amendment Act, 2015.

10. The alleged commission of offences are not

punishable with death or imprisonment for life. The

accused is not required for further investigation as the

Investigating Officer has already submitted the charge-

sheet against the accused.

11. Considering the facts and circumstances of the

case, nature and gravity of offences as well as the

antecedents of the accused/appellant, it is just and proper

to allow this appeal. Hence, I proceed to pass the

following:

ORDER

i) Appeal is allowed.

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ii) The order passed by the I Addl. District and

Sessions Judge, Chikkaballapura in Crl. Misc. No.710/2025

dated 22.12.2025 is set aside. Consequently, application

filed under Section 483 of Bharatiya Nagarika Suraksha

Sanhita, 2023 is allowed, subject to following conditions:

a) Appellant shall be released on bail

upon executing a self bond of Rs.1,00,000/- with

one surety for the likesum to the satisfaction of

the trial Court.