Criminal Appeal No. 1113 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:20634 CRL.A No. 1113 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA CRIMINAL APPEAL NO. 1113 OF 2025 (U/S 14(A) (2)) BETWEEN: 1. VASANTHA W/O CHIDANANDA AGED ABOUT 47 YEARS 2. CHETHAN C, S/O CHIDANANDA AGED ABOUT 26 YEARS
Legal Reasoning
3. ANIL, S/O SRINIVASA AGED ABOUT 34 YEARS ALL ARE RESIDING AT NARAYANAPURA VILLAGE BASAVANAHALLI MAIN ROAD CHIKKAMAGALURU - 577 101 Digitally signed by NANDINI B G Location: High Court of Karnataka (BY SRI: GIRISH B BALADARE, ADVOCATE) AND: 1. STATE BY WOMEN POLICE STATION CHIKKAMAGALURU DISTRICT. REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT BUILDING, BANGALORE-01 …APPELLANTS 2. RAKSHITHA B.R D/O RAVICHANDRA AGED ABOUT 23 YEARS R/AT SOMESHWARANAGARA NEAR SREELEKHA TALKIES CHIKKAMGALURU - 577 101 (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1 R2 - SD) …RESPONDENTS - 2 - NC: 2025:KHC:20634 CRL.A No. 1113 of 2025 HC-KAR THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14(A)(2) OF SC/ST (POA) ACT, 2015 PRAYING TO SET ASIDE THE ORDER DATED 14.05.2025 PASSED BY THE I ADDL. SESSIONS JUDGE AT IN CRL.MISC.NO.194/2025 CONSEQUENTLY CHIKKAMAGALURU RELEASE THE APPELLANTS ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST CASE REGISTERED WOMEN POLICE STATION CHIKKAMAGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 69, 351(2), 352 READ WITH SECTION 3(5) OF BNS ACT AND SECTION 3(1)(r)(s) AND 3(1)(w)(ii) OF SC/ST ACT 2015 IN CRIME NO.39/2025. THIS CRIMINAL APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA ORAL JUDGMENT The appellants -accused Nos.2 to 4 are before this Court seeking grant of bail under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as ‘the SC/ST Act’ for short) in the event of their arrest in Crime No.39 of 2025 of Chickmagalur Women Police Station, registered for the offences punishable under Sections 69, 352, 351(2) read with 3(5) of BNS and under Sections 3(1)(r)(s), 3(1)(w)(ii) of SC/ST Act, on the basis of the first information lodged by informant - B R Rakshitha. 2. Heard Sri Girish B Baladare, learned counsel for the appellants and Smt Rashmi Jadhav, learned Additional SPP for respondent No.1-State. Perused the materials on record. - 3 - NC: 2025:KHC:20634 CRL.A No. 1113 of 2025 HC-KAR 3. In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is: “Whether the appellants are entitled for grant of bail under Section 14-A(2) of SC/ST (Prevention of Atrocities) Act, 1989?” My answer to the above point is in ‘Affirmative’ for the following: R E A S O N S 4. The appellants - accused Nos.2 to 4 are seeking grant of anticipatory bail. The appellants are the mother, brother and cousin of accused No.1. It is the contention of respondent No.2 - informant that she came in contact with accused No.1 through social media and accused No.1 promised to marry her. They had physical relationship at first instance on 16.12.2021 on promise to marry. Subsequently, their relationship continued. When she insisted for marrying her, accused No.1 and his family members i.e., the appellants herein started abusing and criminally intimidating her. Accused No.1 refused to marry her. She filed a complaint with Women - 4 - NC: 2025:KHC:20634 CRL.A No. 1113 of 2025 HC-KAR Police Station on 05.01.2024. There was an enquiry by the police and accused No.1 promised to marry her. Later, accused No.1 and his family members abused her in filthy language by making whatsapp call and accused No.1 refused to marry her. Therefore, she filed first information for the above said offences. 5. It is the contention of the appellants that the informant is a major aged 23 years. According to the informant, the incident occurred on 16.12.2021. Belatedly i.e., after lapse of four years, the present complaint came to be filed. Prima facie, it is a consensual relationship. But now the informant is pressurizing accused No.1 and his family members i.e., appellants herein to agree for the so called promise made by accused No.1. However, the said contention taken by the appellants is to be considered by the Investigating Officer. The only allegations made against the present appellants are that they have criminally intimidated the informant by calling over phone. 6. It is not the contention of learned Additional SPP that the appellants are required for custodial interrogation. The - 5 - NC: 2025:KHC:20634 CRL.A No. 1113 of 2025 HC-KAR appellants are not having any criminal antecedents. Therefore, I am of the opinion, that the appellants may be granted anticipatory bail subject to conditions, which will take care of the interest of the prosecution as well as interest of the complainant and the witnesses. 7. Accordingly, I answer the above point in the affirmative and proceed to pass the following:
Decision
ORDER The appeal is allowed. The appellants are ordered to be enlarged on bail in the event of their arrest in Crime No.39 of 2025 of Chickmagalur Women Police Station. The appellants are directed to appear before the Investigating Officer within 15 days from the date of receipt of this order and on their appearance, the Investigating Officer shall enlarge them on bail subject to the following conditions:- a. The appellants shall furnish the bonds in a sum of Rs.2,00,000/- (Rupees Two Lakhs only) each with two sureties each for the - 6 - NC: 2025:KHC:20634 CRL.A No. 1113 of 2025 HC-KAR likesum to the satisfaction of the Investigating Officer; b. The appellants shall not commit similar offences; c. The appellants shall appear before the Investigating Officer or the court as and when required; and d. The appellants shall not threaten or tamper the prosecution witnesses. On furnishing the sureties by the appellants, the Investigating Officer is at liberty to verify the correctness of the addresses and authenticity of the documents furnished by them. On satisfaction of the said documents, he may proceed to accept the sureties within a reasonable time. Sd/- (M G UMA) JUDGE *bgn/- CT:VS List No.: 1 Sl No.: 45