IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO.1702 OF 2025 (U/S 14(A) (2))

BETWEEN:

1. SUVARNA K.H.

W/O HALAPPA K., AGED ABOUT 61 YEARS, MOBILE NO.73533901131 R/O NO. 611, PANCHAYATH ROAD, ARISHINAGERE VILLAGE, SHIKARIPURA TALUK, SHIVAMOGGA DISTRICT - PIN 577214

2. MADHU K.H. S/O K. HALAPPA AGED ABOUT 33 YEARS, MOBILE 9380924828 R/O GOBBARADA HONDA BEEDI, ARISHINAGERE VILLAGE, SHIKARIPURA TALUK, SHIVAMOGGA DISTRICT - PIN 577214 Digitally signed by LAKSHMINARAYAN N Location: HIGH 3. KARIBASAPPA COURT OF KARNATAKA S/O NAGARAJAPPA MOBILE 9964812884 AGED ABOUT 34 YEARS, R/O GOWDARA BEEDI, ARISHIANGERE VILLAGE, SHIKARIPURA TALUK, SHIVAMOGGA DISTRICT - PIN 577214 …APPELLANTS (BY SRI. A.H.RAKESH., ADVOCATE)

AND:

1. THE STATE BY RURAL POLICE STATION, SHIVAMOGGA REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560001

2. SMT. DEEPIKA W/O NAGARAJA AGED ABOUT 31 YEARS, R/O MACHENALLI VILLAGE, SHIVAMOGGA TALUK, SHIVAMOGGA DISTRICT, PIN: 577201 …RESPONDENTS (BY SRI. M.V. ANOOP KUMAR, HCGP. FOR R1, R2 - SERVED AND UNREPRESENTED.)

THIS CRL.A IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT PRAYING TO SET ASIDE THE ORDER OF 2^nd ADDL. DISTRICT AND SESSIONS JUDGE, AT SHIVAMOGGA REJECTING THE BAIL APPLICATION IN CRL.MISC.NO.687/2025 ON 04.08.2025 FOR THE OFFENCE P/U/S 352,74,115(2),118(1),351(2) R/W 3(5) OF BNS AND SEC.3(1)(r),3(1)(s),3(1)(w)(i),3(2)(va) OF SC/ST (POA) ACT AND GRANT OR ENLARGE ANTICIPATORY BAIL IN CR.NO.207/2025 REGISTERED AT FIR DATED 16.07.2025 WITH RESPONDENT NO.1 SHIVAMOGGA RURAL POLICE STATION.

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

CORAM: HON'BLE MR. JUSTICE G BASAVARAJA

ORAL JUDGMENT

Appellants have preferred this appeal against the order dated 4^th August, 2025 passed in Criminal Misc. No.687 of 2025 by the II Additional District & Sessions Judge at Shivamogga (for short “the trial Court”), whereby the application filed by the apples seeking anticipatory bail in Crime No.207 of 2025, for the offence under Sections 352, 74, 115(2), 118(1), 351(2) read with Section 3(5) of BNSS, 2023 and Sections 3(1)(r), 3(1)(s), 3(1)(w)(i), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, came to be rejected.

2. For the sake of convenience, the parties herein are referred to as per their status before the trial Court.

3. Brief facts leading to this appeal are that the appellants have filed petition under Section 482 of BNSS, 2023 for grant of anticipatory bail in the event of their arrest in Crime No.207 of 2025 filed by Rural Police Station, Shivamogga. 4. Sri A.H. Rakesh, learned Counsel for appellants submits that there are no prima facie case to attract the alleged commission of offence by the accused under the provisions of the SC/ST (POA) Act. He would submit that the dispute is only in respect of property in Sy.No.1/18 measuring 0.03 guntas situate at Machenahalli, Nidige Hobli, Shivamogga Taluk. The complainant has suppressed this fact. The alleged incident took place on 10^th July 2025, and the complaint came to be filed after a lapse of six days. The complainant has not properly explained as to the inordinate delay caused in filing the complaint. Perusal of first information report makes it clear that the complainant has not mentioned the name of neighbours who have witnessed the incident. Therefore, provisions of the SC/ST (POA) Act is not applicable to the case on hand at this stage. On all these grounds, it is sought to allow the appeal.

5. As against this, Sri M.V. Anoop Kumar, learned High Court Government Pleader appearing for the respondent-State, would submit that there are prima facie materials to attract the alleged commission of offence under the provisions of the SC/ST (POA) Act. Accordingly, he sought for dismissal of appeal.

6. I have examined the materials placed before me. In the First Information Report, it is alleged that the