CHANTI ALIYAS R ESHWAR S/O RAM MURTHY vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:17097
CRL.A No. 100438 of 2026
CNR: KAHC020147072026
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 14 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MRS JUSTICE RAJESHWARI N.HEGDE
CRIMINAL APPEAL NO. 100438 OF 2026
(U/S 14 A(2) OF SC AND ST ACT)
BETWEEN:
1. CHANTI @ R. ESHWAR S/O RAM MURTHY
AGE. 26 YEARS, OCC. PRIVATE WORK
TH
R/O. HOUSE NO.178, 13 WARD
E.V. CAMP NEAR MASJID,
T.B. DAM, HOSAPETE TALUK,
DISTRICT: VIJAYANAGARA-583325.
2. S. VASU S/O S. VENKATARAMANA
AGE. 27 YEARS, OCC. PRIVATE WORK
TH
R/O. HOUSE NO. 208, 13 WARD
E.V. CAMP NEAR NAGAMMA TEMPLE,
T.B. DAM, HOSAPETE TALUK,
DISTRICT: VIJAYANAGARA-583325.
3. S. MAHESH BABU S/O CHANDRASHEKAR S.,
AGE. 29 YEARS, OCC. PRIVATE WORK
TH
R/O. HOUSE NO. 208, 13 WARD
E.V. CAMP NEAR NAGAMMA TEMPLE,
T.B. DAM, HOSAPETE TALUK,
DISTRICT: VIJAYANAGARA-583325.
4. G. GOPI S/O G. NUKULAKONDAIAH
AGE. 51 YEARS, OCC. PRIVATE WORK
TH
R/O. HOUSE NO. 208, 13 WARD
E.V. CAMP NEAR GANESH TEMPLE,
Digitally signed by
BHARATHI H M
Location: HIGH
COURT OF
KARNATAKA
DHARWAD
BENCH
Date: 2026.10.16
16:27:55 +0530
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HC-KAR
NC: 2026:KHC-D:17097
CRL.A No. 100438 of 2026
CNR: KAHC020147072026
T.B. DAM, HOSAPETE TALUK,
DISTRICT: VIJAYANAGARA-583325.
…APPELLANTS
(BY SRI. SRINIVAS B. NAIK, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH,
THROUGH TUNGA BHADRA,
DAM POLICE STATION 580011.
2. J. RAVINDRA S/O J. SANTOSH KUMAR
AGE. 18 YEARS, OCC. STUDENT
R/O. T.B. DAM, PLC COLONY,
HOSAPETE TALUK,
DISTRICT. VIJAYANAGARA 583325.
3. GOUTAM S/O J. SATOSH KUMAR
AGE. 20 YEARS,
R/O. T.B. DAM, PLC COLONY,
HOSAPETE TALUK,
DISTRICT VIJAYANAGARA-583325.
4. SUGUNA W/O J. SANTOSH KUMAR
AGE. 45 YEARS, OCC. HOUSE WIFE,
R/O. T.B. DAM, PLC COLONY,
HOSAPETE TALUK,
DISTRICT VIJAYANAGARA-583325.
5. J. SANTOSH KUMAR
AGE. 45 YEARS, OCC. LABOUR,
R/O. T.B. DAM, PLC COLONY,
HOSAPETE TALUK,
DISTRICT VIJAYANAGARA-583325.
…RESPONDENTS
(BY SRI. ABHISHEK MALIPATIL, HCGP FOR R1;
NOTICE TO R2 TO R5 ARE SERVED)
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HC-KAR
NC: 2026:KHC-D:17097
CRL.A No. 100438 of 2026
CNR: KAHC020147072026
THIS CRIMINAL APPEAL IS FILED 14(A)(2) OF SC/ST
ACT, 1989 SEEKING TO GRANT ANTICIPATORY BAIL TO THE
APPELLANTS/ACCUSED NO.3, 6, 7 AND 8 IN THE EVENT OF
THEIR ARREST IN CRIME NO.32/2026 IN RESPECT OF TUNGA
BHADRA DAM POLICE STATION REGISTERED FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 191(2),
191(3), 115(2), 118(1), 109, 352, 351(2), 351(3), 140(3),
329(4), 190, 74 OF BHARATIYA NYAYA SANHITA (BNS), AND
UNDER SECTIONS 3(2)(v), 3(1)(w) AND 3(1)(r)(s) OF SC/ST
PREVENTION OF ATROCITIES ACT, 1989, IN THE INTEREST OF
JUSTICE.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE RAJESHWARI N.HEGDE
ORAL JUDGMENT
The accused Nos.3, 6, 7 and 8 have filed the present
appeal assailing the impugned order dated 23.07.2026,
passed by the Additional District and Sessions Judge,
Vijayanagara District, Hosapete, in Criminal Miscellaneous
No.396/2026, rejecting the anticipatory bail application in
Crime No.32/2026 of T.B.Dam Police Station, registered
for the offence punishable under Section 189(2), 191(2),
191(3), 115(2), 118(1), 109, 352, 351(2), 351(3),
140(3), 329(4), 190, 74 of Bharatiya Nyaya Sanhita, 2023
(‘BNS’ for short) and Section 3(2)(v), 3(1)(w), 3(1)(r)(s)
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CRL.A No. 100438 of 2026
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of Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 (‘SC & ST Act’ for short).
2. Facts of the case in brief are that, on
21.06.2026 at about 07:00 p.m., accused No.1 and
brother of victim girl said to have taken the complainant
along with them and went to nearby TB Dam area and
accused Nos.1 and 2 have assaulted the complainant,
abused him in filthy language, taking his caste and caused
injuries to him. On the same day at 10:00 p.m. in the
night accused No.1 along with the other accused, who are
the appellants herein said to have went to the house of the
complainant, abused him and his family members in a
filthy language by taking their caste, illegally trespassed
into their house and assaulted the complainant and his
family members and caused injuries. Accordingly a
complaint came to be filed, which is registered in Crime
No.32/2026 of Tungabhadra Dam Police Station for the
offences punishable under Section 189(2), 191(2), 191(3),
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115(2), 118(1), 109, 352, 351(2), 351(3), 140(3),
329(4), 190, 74 of BNS and Section 3(2)(v), 3(1)(w),
3(1)(r)(s) of SC & ST Act.
3. Learned HCGP entered appearance for
respondent No.1 State and filed the statement of
objections. Notice issued to respondents No.2 to 5 have
been served and they remained unrepresented.
4. Heard the arguments of learned counsels
appearing for both the sides. Perused the material placed
before the Court.
5. Learned counsel for appellants contended that,
a false case has been registered against these appellants.
They are no way concerned with the alleged incident and
therefore, submitted that they may be granted
anticipatory bail.
6. On the contrary, learned HCGP submitted that
as per Section 18A of the Act, there is a bar for granting
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CRL.A No. 100438 of 2026
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anticipatory bail. Further, these accused have committed
the alleged offence and they have assaulted the
complainant, also they threatened the complainant with
dire consequences. Therefore, learned HCGP submitted
that these accused are not entitled to grant anticipatory
bail. Further, it is contended that now the investigation is
completed and charge sheet is also filed. Therefore, the
present appeal seeking anticipatory bail would become
infructuous. There are eye witnesses and injured
witnesses, their statement corroborated each other and in
the event of these accused enlarged on anticipatory bail,
then there may be chances of absconding or they may flee
from clutches of law. Therefore, prayed for dismissal of the
appeal.
7. Learned counsel for the appellants argued that,
though there is a prohibition to grant anticipatory bail as
provided under Section 18A of the Act, however as held in
the judgment reported in (2020) 4 SCC 727 in the case
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NC: 2026:KHC-D:17097
CRL.A No. 100438 of 2026
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of Prathvi Raj Chauhan vs. Union of India and
others , if the complaint averments do not disclose prima
facie case, then anticipatory bail can be granted. He
contended that, on going through the complaint
averments there are no overtacts attributed against these
accused Nos.3, 6, 7 and 8, who are the appellants herein.
It is only stated that these accused came in the group
near to the house of the complainant and abused.
8. This court has perused the complaint
averments, wherein the allegation is against one Ravi Teja
and Vamshi, they assaulted the mother of the complainant
as well the father and the complainant. So it is only stated
that, these appellants being the accused Nos.3, 6, 7 and 8
are accompanied the said accused Ravi Teja and Vamshi.
Further, it is submitted that the investigation is already
completed and charge sheet has also been filed.
9. In view of the completion of investigation and
there are no serious allegations against these four accused
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HC-KAR
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CRL.A No. 100438 of 2026
CNR: KAHC020147072026
as per the complaint averments, considering the same,
this Court is of the opinion that the appellants/accused
Nos.3, 6, 7 and 8 are entitled to grant anticipatory bail.
Therefore, the appeal is deserve to be allowed. Hence, this
Court proceeds to pass the following:
ORDER
The appeal is allowed .
The appellants who are accused Nos.3, 6, 7 and 8
are ordered to be enlarged on anticipatory bail in the
event of their arrest in connection with Crime No.32/2026
of Tungabhadra Dam Police Station, registered for the
offences punishable under Section 189(2), 191(2), 191(3),
115(2), 118(1), 109, 352, 351(2), 351(3), 140(3),
329(4), 190, 74 of Bharatiya Nyaya Sanhita, 2023 and
Section 3(2)(v), 3(1)(w), 3(1)(r)(s) of Scheduled Castes
and Scheduled Tribes (Prevention of Atrocities) Act, 1989,
subject to the following conditions.
a) The appellants/accused shall appear
before the trial Court within 15 days form today
and shall secure regular bail.
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CRL.A No. 100438 of 2026
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b) The appellants/accused shall execute
a personal bond for a sum of Rs.1,00,000/-
each along with two sureties for the like sum to
the satisfaction of the trial Court.
c) They shall not leave the jurisdiction
of the trial Court without prior permission of the
Court.
d) They shall not tamper and threaten
the prosecution witnesses in any manner.
e) They shall appear before the
Investigating Officer or the Court as and when
directed.
f) They shall attend the Court regularly
during the trial without fail.
Violation of any of the conditions imposed would
entitle the prosecution to move for cancellation of bail.
Sd/-
(RAJESHWARI N.HEGDE)
JUDGE
AC
Ct-cmu
LIST NO.: 1 SL NO.: 8