The court ruled that anticipatory bail can be granted when no prima facie case is established under the SC/ST (POA) Act.

ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T)

1. Heard learned counsel for the appellant and learned High Court Government Pleader for respondent No.1-State.

2. Learned counsel for respondent No.2 is absent.

3. This appeal is filed by accused No.3 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (for short, ‘the BNSS ’) praying to enlarge him on bail in Crime No.36/2025 of Navalgund Police Station registered for the offences punishable under Sections 189(2), 191(2), 115(2), 74, 352, 351(2), 190 of the Bharatiya Nyaya Sanhita, 2023 (for short, ‘the BNS’) and under Section s 3 (1)(r) , 3(1)(s) , 3(1)(w) , 3(2)(v-a) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, ‘the SC/ST (POA) Act’).

4. The brief facts of the prosecution case is as under:

On 07.03.2023 there was an altercation between the granddaughter of first informant-Bhagya Chalavadi with her class mate Bagya Kuri at their school. Being enraged by the said quarrel, brothers of said Bagya Kuri i.e. Accused Nos.1 and 2 and others by wrongfully restrained Bagya Chalavadi near Datnal Bus stand while returning home from school at Datnal bus stand, abused her in filthy language by taking her caste and also dragged her by hands and her body and also pulled her dress and outraged her modesty and thereby, threatened her that they would commit sexual assault on her and also asked her to keep quiet at school. On the following day i.e., on 08.03.2025, the first informant along with her daughter and grand daughter and others went near the house of accused Nos.1 and 2 as to enquire about the incident that happened on the previous day i.e. on 07.03.2025. At that time accused Nos.1 to 11 by forming unlawful assembly assaulted her grand daughter, abused them in filthy language by taking caste and also outraged modesty of the daughter of the first informant by dragging her and pulling her dress. At that time accused Nos.1 to 3 kicked both grand daughter Bagya and his daughter Shobha with footwear and asked to bring petrol to set fire to them. In this regard, the first informant lodged a complaint. This leads to registration of FIR and investigation. Soon after the filing of charge sheet, the trial Court took cognizance and issued process against the accused persons. Apprehending the arrest at the hands of respondent- Police, the appellant/accused No.3 filed the appeal under Section 482 of the BNSS , before the trial Court. However, the trial Court granted bail in respect of accused Nos.10 and 11 and rejected the bail application of the appellant.

5. Learned counsel for the appellant contended that appellant is innocent and he has not committed any offences as alleged by the prosecution and he has been falsely implicated in this case. There are no prima facie materials against the appellant. The entire allegation is false and frivolous. No prima facie case is made out against the appellant to attract the provision of Section 18 and 18A of the SC/ST (POA) Act. Appellant is ready and willing to abide by any conditions that may be imposed by this Court. Hence, he prayed for grant of bail.

6. Respondent Nos.2 has filed objections contending that the appeal filed by the appellant is not tenable under law. The offences alleged against the appellant are non-baiable in nature. There is prima facie case against the appellant and there is a bar under Section 18 of the SC/ST (POA) Act, to entertain the anticipatory bail application. Therefore, respondent No.2 prayed to dismiss the appeal filed before the appellate Court.

7. Learned HCGP for respondent No.1-State contended that there is