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Karnataka High Court
Sri. Jacob Aroop C vs The State Of Karnataka on 25 February, 2026
-1-
NC: 2026:KHC:11734
CRL.A No. 225 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
CRIMINAL APPEAL NO. 225 OF 2026 (U/S 14(A) (2))
BETWEEN:
SRI. JACOB AROOP C
S/O. SUMANTH C
AGED ABOUT 34 YEARS,
R/AT NO.26-1-683,
SHIVALAYAM STREET,
B V NAGAR, NELLURU POST,
ANDHRA KESHARI NAGAR,
NELLURU DISTRICT,
ANDRAPRDESH- 524004.
...APPELLANT
(BY SRI. PAVAN KUMAR G., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
Digitally signed
by BY DCRE EAST POLICE STATION
VIJAYALAKSHMI
BN BANGALORE,
Location: HIGH REPRESENTED BY S.P.P.,
COURT OF
KARNATAKA HIGH COURT PREMISES,
BANGALORE-01.
2. THUMMATATI NAVYA,
D/O. T. VENU GOPAL,
AGED ABOUT 27 YEARS,
R/AT. HIMAVASU LUXURY
P.G FOR WOMEN,
AMRUTHNAGAR,
HEBBAL,
BANGALORE-560 092.
-2-
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CRL.A No. 225 of 2026
HC-KAR
...RESPONDENTS
(BY SMT. N. ANITHA GIRISH, HCGP FOR R1;
SRI. TIMOTHY CHARLES, ADVOCATE FOR R2)
THIS CRL.A. IS FILED U/S 14(A)(2) OF SC/ST (POA)
ACT, 2015 PRAYING TO SET ASIDE THE ORDER DATED
02.02.2026 IN CR NO.1/2026 PASSED BY THE LXX ADDL.
CITY CIVIL AND SESSIONS JUDGE BENGALURU DISTRICT
AND ENLARGE HIM ON BAIL IN CR NO.1/2026 PENDING ON
THE FILE OF THE LXX ADDL. CITY CIVIL AND SESSIONS
JUDGE, BENGALURU REGISTERED WITH DCRE EAST POLICE
STATION FOR OFFENCES P/U/S 352, 85, 88, 115(2),
117(2), 351(2), 351(3) R/W 3(5) OF BNS ACT AND 3(1)(r),
3(1)(s) AND 3(2)(va)OF SC & ST (PREVENTION OF
ATROCITIES) AMENDMENT ACT 2015 IN THE INTEREST OF
JUSTICE AND EQUITY.
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 passed by the LXX Additional City Civil and
Sessions Judge and Special Judge, Bengaluru (CCH
No.71) in Crime No.01/2026 dated 02.02.2026.
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2. The brief facts leading to this appeal are that
on the basis of the complaint filed by the
victim/complainant, Bengaluru City East DCRE Police
have registered the case in Crime No.01/2026 against
accused Nos.1 to 3 for the commission of offence
punishable under Sections 352, 85, 88, 115(2), 117(2),
351(2), 351(3) r/w 3(5) of the Bharatiya Nyaya
Sanhita, 2023 (hereinafter referred to as 'the BNS,
2023') and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Amendment Act, 2015 (hereinafter referred
to as 'the SC and ST (PoA) Act'). During the course of
investigation, Investigating Officer has arrested the
accused on 10.01.2026 and produced before the Special
Court. The Special Court has remanded the accused to
judicial custody. The appellant had filed an application
under Section 483 of Bharatiya Nagarika Suraksha
Sanhita, 2023 (hereinafter referred to as 'the BNSS') .
Same was rejected by the Trial Court. Being aggrieved
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by the order of the Trial Court, the appellant has
preferred this appeal.
3. After issuance of notice to respondent No.2,
respondent No.2 appeared through her counsel and
filed memorandum of objection. On perusal of the
complaint it is clear that the accused is the husband of
the complainant. The commission of alleged offence are
punishable under Section 85 of the BNS with
imprisonment for a term which may extend to three
years and shall also be liable to fine.
4. The commission of alleged offence under
Section 88 of the BNS is punishable with imprisonment
of either description for a term which may extend to
three years or with fine or with both and, if the woman
be quick with child, shall be punished with
imprisonment of either description for a term which
may extend to seven years, and shall also be liable to
fine.
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5. The offence under Section 352 of the BNS is
punishable with imprisonment of either description for a
term which may extend to two years, or with fine, or
with both.
6. The offence under Section 117(2) of BNS is
punishable with imprisonment which may extend to
seven years, and shall also be liable to fine.
7. The offence under Section 351(2) of BNS,
which may extend to two years, or with fine, or with
both and Section 351(3) of the BNS is punishable with
imprisonment for a period of seven years, or with fine
or both.
8. The other penal provisions punishable under
Section 3(1)(r) and 3(1)(s) and 3(2)(va) of the SC and
ST (PoA) Act are punishable with imprisonment for not
less than six months, but may extend to five years, or
with fine.
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9. It is alleged in the complaint that the
complainant and the accused were in love and they got
married on 16.04.2016. The accused is not required for
custodial interrogation. The accused is in judicial
custody for a period of 45 days from the date of his
arrest. The Trial Court has observed in paragraph No.13
of the impugned order that, on perusal of the materials
it indicates that several other cases are also registered
and charge sheet is filed against the petitioner before
various Courts at Ponneri. In this regard, the learned
counsel for the appellant has submitted that the
appellant was acquitted in Calendar Case No.16/2010
dated 28.03.2019 on the file of the Judicial Magistrate-I
at Ponneri. In another Judgment i.e., C.C.No.17/2010
dated 28.03.2019 on the file of the Judicial Magistrate
No.1 at Ponneri, reveals that the present accused is
acquitted for the offence under Section 379 IPC.
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10. Considering the nature and gravity of
offences, relationship between the accused and the
complainant, the offences are not punishable with death
or imprisonment for life. I am of the opinion that it is
just and proper to allow this appeal. Accordingly, I
proceed to pass the following:
ORDER
(i) Appeal is allowed.
(ii) The order passed by the LXX Additional City Civil
and Sessions Judge and Special Judge, Bengaluru
in Crime No.01/2026 dated 02.02.2026 is set
aside. Consequently, application filed under
Section 483 of the BNSS is allowed.
(iii) The appellant shall be released on bail on
executing a self bond of Rs.1,00,000/- with one
surety for like sum to the satisfaction of the Trial
Court.
(iv) The appellant shall not tamper or threaten the
prosecution witnesses in any manner.
(v) The appellant shall not indulge in similar offences.
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The registry is directed to send the copy of this
order to the Trial Court.
Sd/-
(G BASAVARAJA)
JUDGE
GSR,List No.: 1 Sl No.: 41
