IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 8^TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL APPEAL NO.200113 OF 2025 (U/S 14 (A))

BETWEEN:

1. SHEELA S/O CHANDRASHEKHAR NAATIKAR, AGE: 38 YEARS, OCC: COOLIE, R/O S.M. KRISHNA COLONY, KALABURAGI.

2. BHAVANI @ BASAVARAJ S/O LAKSHMIKANT JAMDAR, AGE: 24 YEARS, OCC: COOLIE, R/O NEAR HANUMAN TEMPLE, GANGA NAGAR, KALABURAGI.

3. ANIKTHA @ ANKUSH S/O BASAVARAJ JAMDAR, AGE: 29 YEARS, OCC: COOLIE, R/O DIGGI VILLAGE, TQ. ALAND, DIST. KALABURAGI.

…APPELLANTS (BY SRI BASAVALING NASI, ADVOCATE)

AND:

1. THE STATE, THROUGH ASHOK NAGAR P.S. KALABURAGI, REPRESENTED BY HCGP, HIGH COURT OF KARNATAKA AT KALABURAGI BENCH-585 103.

2. XXX …RESPONDENTS (BY SRI MALLIKARJUN SAHUKAR, AGA FOR R1;

R2 SERVED)

THIS CRL.A. IS FILED UNDER SECTION 14-A (2) OF SC/ST (PA) ACT, PRAYING TO SET ASIDE THE ORDER OF II ADDL. DIST. AND SESSIONS JUDGE AT KALABURAGI BEARING CRIME NO.51/2025 OF ASHOK NAGAR P.S. FOR THE OFFENCE U/SEC. 189(2), 191(2), 191(3), 115(2), 118(1), 127(3), 109, 133, 140(3), 352, 351(2), 190 OF BNS AND SEC. 3(1) (E) (R)

(S), 3(2)(V) OF SC/ST ACT.

THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)

Accused Nos.1, 3 and 4 in Crime No.51/2025, registered by the Ashok Nagar Police Station, Kalaburagi, for the offences punishable under Sections 189(2), 191(2), 191(3), 115(2), 118(1), 127(3), 109, 133, 140(3), 352, 351(2) and 190 of BNS, 2023 and Sections 3(1) (e) (r) (s) and 3(2)(v) of the SC/ST (POA) Act are before this Court in this appeal filed under Section 14(A)(2) of the SC/ST (POA) Act, seeking regular bail.

2. FIR in Crime No.51/2025 was registered by the Ashok Nagar Police Station, Kalaburagi, against Sheela @ Vijyakumar and others for the aforesaid offences based on the first information made on 17.03.2025, received from Ankita Chawna, who is alleged victim in the present case. During the course of investigation of the case, the appellants herein, who are arrayed as accused Nos.1, 3 and 4 in the FIR arrested on 17.03.2025 and subsequently remanded to judicial custody. Their bail application filed before the jurisdictional Sessions Court in Crime No.51/2025 was rejected 29.03.2025. Therefore, they are before this Court.

3. Heard learned counsel for the appellants and learned Additional Government Advocate for respondent No.1/State.

4. Learned counsel for the appellants having reiterated the grounds urged in this appeal submits that there is an inordinate delay in filing the criminal case. He submits that prior to registration of FIR in the present case, the very same police have registered FIR in Crime No.49/2025 and Crime No.50/2025 and suppressing the same, the present case is registered. The appellants are in custody for the last more than one month. Accordingly, he prays to allow the appeal.

5. Per Contra, learned Additional Government Advocate has opposed the appeal on the ground that the investigation of the case is under progress.

6. Perusal of the material on record would go to show that in the first information it is submitted by the alleged victim that she is a transgender and she was staying along with accused No.1, who is also a transgender and at the request of accused No.1, she had given her money. When the first informant was asked to repay the said money, accused persons had assaulted the victim/first informant in the month of December, 2024. It is further alleged that in the month of February, 2025, the accused persons named in the FIR had once against abused and assaulted the victim and an attempt was also made to commit her murder by throttling her neck. It is further alleged that the accused persons had criminally intimidated the first informant and also further alleged that the accused persons had once again assaulted the first informant on 17.03.2025 and thereafter first informant had approached the p