IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22^ND DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL CRIMINAL APPEAL NO. 421 OF 2026 (U/S 14(A) (2))

BETWEEN:

SRI. SHEKARAPPA H., S/O SANNARANGAPPA, AGED ABOUT 72 YEARS, RESIDING OF, 4/ C MAIN ROAD, HITHALA VILLAGE, SHIKARIPURA TALUK, SHIVAMOGGA-577 427.

…APPELLANT (BY SRI. PRASHANTH D.,ADVOCATE)

AND:

1. THE STATE BY SHIKARIPURA RURAL POLICE STATION, SHIVAMOGGA, Digitally REPRESENTED BY SPP, signed by HIGH COURT BUILDING, SUMA B N HIGH COURT OF KARNATAKA, Location:

HIGH BENGALURU-560 001.

COURT OF KARNATAKA

2. SRI. PAVAN KUMAR NAIK, S/O HANUMANTHA NAIK, AGED ABOUT 29 YEARS, RESIDINGAT, SALURU VILLAGE, SHIKARIPURA, SHIVAMOGGA-577 427.

…RESPONDENTS (BY SRI. B. LAKSHMAN, HCGP FOR R1 SRI. RUDRESH R.S., ADVOCATE FOR SRI. DEEPAK M., ADVOCATE FOR R2)

THIS CRL.A IS FILED U/S 14(A)2) OF SC/ST (POA) ACT PRAYING TO SET ASIDE THE ORDER DATED 20.02.2026, PASSED BY II ADDL.DISTRICT AND SESSION COURT, SHIVAMOGGA IN CRL.MISC.NO.98/2026 AND RELEASE THE APPELLANT IN THE EVENT OF ARREST IN CR.NO.13/2026 OF SHIKARIPURA RURAL P.S. REGISTERED FOR THE OFFENCE P/U/S 352 R/W 3(5) OF BNS AND SEC. 3(1)(r)(s), 3(1)(s), 3(2)(va) OF SC/ST(POA) ACT AMENDMENT ACT 2015, PENDING BEFORE THE ADDL.DISTRICT AND SESSION COURT, SHIVAMOGGA DISTRICT.

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 filed by the accused in Crime No.13/2026 registered before the Rural Police Station, Shikaripura for the offences punishable under Sections 352 read with Section 3(5) of BNS and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (‘SC & ST (POA) Act’ for short), being aggrieved by the order dated 20.02.2026 passed in Crl.Misc.No.98/2026 on the file of the II Additional District and Sessions Judge, Shivamogga (hereinafter referred to as 'the Trial Court'

2. Case of the respondent No.1-Police is that a complaint dated 17.01.2026 came to be filed by the respondent No.2-

defacto complainant alleging that on 16.01.2026 at about 11.50 a.m., when he and his friend Prashanth went to the land of their common friend Prathap son of Lohithashwa, to turn off the water valve, the appellant herein in a raised voice asked as to who they are and to which caste do they belong and when the complainant informed that he belonged to Lambani caste, the appellant herein had abused them stating that the land belonged to God Basavanna and the people of his caste should not come to their land. When resisted, he further abused respondent No.2-defacto complainant in the name of his caste in the presence of one Manjunatha, Siddhappa, Muthuraj, Eswarappa, Pankajkumar, Krishna Naik, who consoled and sent them away.

3. Based on the aforesaid complaint, respondent No.1-

Police registered a case in Crime No.13/2026 for the aforesaid offences.

4. The trial Court rejected the application filed by the appellant herein for the anticipatory bail in the light of bar contained under Section 18A of the SC and ST (PoA) Act.

5. Learned counsel for the appellant submits that the said case is a fabricated one only to foist a false criminal case against the appellant, who is a plaintiff in O.S.No.112/2025, a suit filed by him against aforesaid H.L. Pratap son of Lohithashwa for relief of permanent injunction with respect to land in Sy.No.173/6, measuring 2 acre and 26 guntas and Sy.No.175/6 measuring 1 acre and 21 guntas situated at Hithala Village, Anjanapura Hobli, Shikaripura Taluk, Shivamogga District. He further submits that no such incident has ever taken place as alleged in the complaint. Even if such incident had taken place, the same is allegedly taken place in the land belonging to the appellant. As such, the same cannot be termed as a public place, inviting commission of offence under Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the SC and ST (PoA) Act. Therefore, he submits th