THIS CRL.A. FILED U/S 14(A)(2) OF SC/ST (POA) ACT, 2015 PLEASED TO SET ASIDE THE ORDER DATED 23.01.2026 PASSED IN CRIME NO. 11/2026 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE AT MANGALURU, AND ENLARGE THE APPELLANT ON BAIL IN CRIME NO.11/2026 REGISTERED AT BAJPE POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 352, 351(3), 69, 108 OF BHARATIYA NYAYA SANHITA, 2023 AND UNDER SECTIONS 3(1)(r), 3(1)(s), 3(1)(w)(ii), 3(2)(v), AND 3(2)(va) OF THE SCHEDULED CASTES AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) AMENDMENT ACT, 2015., WITH A DIRECTION TO RELEASE THE APPELLANT ON BAIL.

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 by the accused in Crime No.11/2026 being aggrieved by the Order dated 23.01.2026 passed on the file of II Additional District and Sessions Judge, D.K., Mangaluru, (hereinafter referred to as 'the Sessions Court') by which his application filed under Section 483 of Bharatiya Nyaya Sanhita, 2023 seeking grant of regular bail in the said Crime No.11/2026, for the offences punishable under Sections 352, 351(3), 69 and 108 of the Bharatiya Nyaya Sanhita, 2023 and Sections 3(1)(r), 3(1)(s), 3(1)(w)(ii), 3(2)(v), 3(2)(va) of SC/ST (PoA) Act came to be rejected.

A complaint dated 05.01.2026 came to be filed by respondent No.2 contending that she belonged to Adidravida caste, which comes under Scheduled Caste, she had only one daughter, who was working in Alankar Jewellery Shop, Moodbidre since one year. Her daughter came in contact with the accused-appellant herein through Instagram application and both were in love. The accused-appellant was working in a chicken shop and he belonged to Poojari community. That on 05.01.2026, complainant left the house for work at 12.30 p.m. and she received call from Bajpe Police informing her that her daughter had jumped into the river and committed suicide. Immediately she went to the Police Station, where one Kavana, the friend of the deceased was present. Upon enquiry, said Kavana had told the complainant that her daughter had jumped into Gurupura river from the bridge despite her attempt to prevent her. It is further alleged that the complainant has seen the death note of her daughter-victim, in which she has stated that accused-appellant herein on the promise of marrying her had taken her to different places and had committed sexual intercourse. Thereafter, he had refused to marry her as she belonged to Scheduled caste. Unbearable of the agony, her daughter had committed suicide. That aforesaid Kavana also had informed that her daughter and herself had gone to Gurupura temple. Thereafter, they went to Gurupura Bridge to meet the accused-appellant. It was at that time, her daughter jumped into the river and committed suicide.

Based on the said complaint, a case in Crime No.11/2026 is registered by the respondent-Police for the aforesaid offences. The case is still under investigation. Charge sheet is yet to be filed. Accused-appellant was arrested on 06.01.2026 and has been remanded to judicial custody. Since then he is under confinement.

An application for regular bail was moved, which has been rejected by the Sessions Court. Accepting the submission of the prosecution of there being apprehension of accused-appellant, if released on bail would tamper the prosecution witnesses.

Learned Counsel appearing for the accused-appellant taking this Court through the records submits that the entire case is based on a death note, which was allegedly left behind by the victim, in which she had alleged that accused-appellant committing sexual intercourse with the victim on the promise of marrying her and refusing to marry thereafter on the premise of she belonging to Scheduled Caste community. He further submits that the said allegation, even if it has to be accepted, the same do not constitute grounds for registering the case under Sections 3(1)(r) and 3