Citation : 2026 Latest Caselaw 2528 Kant
Judgement Date : 23 March, 2026
-1-
NC: 2026:KHC:16882
CRL.A No. 379 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE M.G.S. KAMAL
CRIMINAL APPEAL NO. 379 OF 2026 (U/S 14(A) (2))
BETWEEN:
RAGHAVENDRA
S/O. BORE GOWDA
AGED ABOUT 29 YEARS
R/O. PURADAKOPPALU VILLAGE
DUDDA HOBLI
MUDAGANDURU POST
MANDYA-571 416
...APPELLANT
(BY MS. LAVANYA M., ADVOCATE FOR
SMT. ARCHANA MURTHY P., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY KONANA KUNTE POLICE STATION
REPRESENTED BY S.P.P
HIGH COURT OF KARNATAKA
Digitally BENGALURU-560 001
signed by
SUMA B N 2. SANDHYA MH
Location: D/O. HONNAIAH
HIGH AGED ABOUT 25 YEARS
COURT OF
KARNATAKA C/O. KAKAL KAIRUCHI HOTEL
J.P NAGAR, 7TH PHASE, R.B.I LAYOUT
BENGALURU-560 078
...RESPONDENTS
(BY SRI VINAY MAHADEVAIAH, H.C.G.P., FOR R-1;
SRI SUMANTH ULLOD, ADVOCATE FOR R-2)
THIS CRL.A. IS FILED U/S. 14(A)(2) OF SC/ST (POA) ACT,
2015 BY THE ADVOCATE FOR THE APPELLANT PRAYING TO SET
ASIDE THE ORDER OF THE LXX ADDL. CITY CIVIL AND SESSIONS
JUDGE AND SPECIAL JUDGE, BENGALURU (CCH-71) DATED
-2-
NC: 2026:KHC:16882
CRL.A No. 379 of 2026
HC-KAR
30/01/2026 IN CRL.MISC NO:11712/25 AND ENLARGE THE
APPELLANT ON BAIL IN CRIME NO:323/25 PENDING ON THE FILE OF
CCH-71, CITY COURT COMPLEX BENGALURU CITY FOR AN OFFENCE
PUNISHABLE UNDER SECTION 3(2)(V) OF SC AND ST (PREVENTION
OF ATROCITIES ACT) 1989 AND SECTIONS 69, 89 R/W 3(5) OF BNS
REGISTERED BY THE KONANAKUNTE POLICE, SUBRAMANYAPURA
SUB-DIVISION, BENGALURU CITY.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL
ORAL JUDGMENT
This appeal is against the judgment and order dated
30.01.2026 passed in Crl.Misc.No.11712/2025 by the LXX
Additional City Civil and Sessions Judge and Special Judge,
Bengaluru (hereinafter referred to as 'the Sessions Court'), by
which the application filed by the appellant herein under
Section 483 of BNS Act seeking enlargement on bail in respect
of offences punishable under Section 3(2)(v) of SC/ST (PoA)
Act, 1989 and Sec 69, 89 R/w Section 3(5) of BNS has been
rejected.
2. Respondent No.2-complainant-victim is present
personally before this Court being represented by her learned
counsel Smt. Lavanya. M.
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HC-KAR
3. Learned counsel for the accused-appellant as well as
the learned counsel for the respondent No.2-victim submit in
unison that accused-appellant and respondent No.2 were in
love and in relationship. Since the appellant had refused to
marry her, respondent No.2-victim was constrained to file the
complaint alleging commission of offences punishable as noted
hereinabove. The respondent No.2-victim and accused-
appellant have now resolved to get married. Hence, she
submits that appellant be enlarged on regular bail.
4. Learned HCGP on the other hand submits that the
charge sheet has been filed citing 28 witnesses, prima-facie
materials has been brought on record. If the accused-appellant
is enlarged on bail, there is likelihood of he influencing the
prosecution witnesses and derailing the entire process of trial.
Hence, seeks for rejection of the appeal.
5. Heard and perused the records.
6. Perusal of the compliant produced along with appeal
memo would indicate that the accused-appellant and
respondent No.2-victim were in love and even the wedding
invitation cards were also printed fixing the date of marriage as
NC: 2026:KHC:16882
HC-KAR
07.02.2025. It is alleged that the accused-appellant thereafter,
retracted from assurance of marrying her and in the meanwhile
had misused the confidence reposed by the the respondent
No.2-victim by sexually assaulting her.
7. Now in the light of the submissions being made by the
learned counsel for the accused-appellant as well as learned
counsel for the respondent No.2-victim on instructions in the
personal presence of the respondent No.2-victim, accused-
appellant and respondent No.2-victim resolving to marry each
other, this Court is of the considered view that the appeal be
allowed, subject to conditions. Accordingly, following:
ORDER
(i) Criminal Appeal No.379/2026 is allowed;
(ii) The impugned order dated 30.01.2026 passed in
Crl.Misc.No.11712/2025 by the LXX Additional City Civil and
Sessions Judge and Special Judge, Bengaluru, is set aside.
(iii) The accused-appellant is directed to be enlarged on
bail in Crime No.386/2025 registered by the Konanakunte Town
Police Station registered for the offences punishable under
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HC-KAR
Section 3(2)(v) of SC/ST (PoA) Act, 1989 and Sec 69, 89 R/w
Section 3(5) of BNS, subject to the following conditions;
a. The accused-appellant shall execute personal bond for a sum of Rs.1,00,000/- with one surety for likesum to the satisfaction of the Jurisdictional Court;
b) The accused-appellant shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;
c) The accused-appellant shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) The accused-appellant shall not involve in similar offences in future;
e) The accused-appellant shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.
Sd/-
(M.G.S. KAMAL) JUDGE RL List No.: 1 Sl No.: 20
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