(Prayer: This Crl.A is filed u/S 14(A)2) of SC/ST (POA) Act by the advocate for the appellant praying that this Honourable Court may be pleased to 1.by setting aside the order dated 10.12.2025 (Annexure-F) passed by the II Addl.District and Sessions Judge and Spl.Judge., Bengaluru Rural District in Crl.Misc.No.2358/20252 and etc.)

Oral Judgment

1. The appellant has preferred this appeal against the order passed by II Additional District and Sessions Judge & Special Judge, Bengaluru Rural District, Bengaluru, dated 10.12.2025 in Crl.Misc. No.2358/2025.

2. Brief facts leading to filing of this appeal is that on the basis of the complaint filed by one Ramaiah son of Chikkanarashimiah, Avalahalli Police, Bengaluru city registered a case in Crime No.0481/2025 against Potulaiah and another for the offence punishable under Sections 3(1)(r)(s) of Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989 (for short 'SC/ST (POA) Act') and Sections 108, 351(2) and 352 of Bharatiya Nyaya Sanhita, 2023 (for short 'BNS').

3. Heard the arguments of both sides.

4. I have examined the materials placed before this Court. On the basis of the complaint filed by one Ramaiah, Avalahalli Police, Bengaluru city registered a case in Crime No.0481/2025, against the accused-Potulaiah and another for the commission of under Sections 3(1)(r)(s) of SC/ST (POA) Act and Sections 108, 351(2) and 352 of BNS and submitted FIR to the Court. The name of the present accused has not been shown in the FIR. The role of the present accused as averred in the complaint is that he has witnessed the incident. Except this allegation, absolutely there are no other allegations against the appellant -Puttaraju. However, the Investigating Officer has issued the notice under Section 35(3)of BNSS.

5. The appellant has produced the caste certificate issued by the concerned authority, which reveals that he belongs to Bhovi (Scheduled Caste community). The trial Court has also observed the same in the impugned order that the petitioner belongs to Bhovi (Scheduled Caste community). Hence, provisions of SC/ST (POA) Act are not applicable to the said petitioner.

6. The trial Court has also observed that there is no question of statutory bar under Section 18 and 18A of SC/ST (POA) Act, though there is no prima facie case against the present appellant to attract the alleged Commission of offence under the provisions of Sections 108, 351(2), 352 of BNS, however, the trial Court has rejected the bail application which is not sustainable under law.

7. Accordingly, I proceed to pass the following:

ORDER

          (i) The Criminal Appeal is allowed.

          (ii) The impugned order dated 10.12.2025 passed by II Additional District and Sessions Judge & Special Judge, Bengaluru Rural District, Bengaluru, in Crl.Misc.No.2358/2025 is set aside.

          (iii) Consequently, application filed under Section 482 of BNSS is allowed.

          (iv) The appellant shall be released on bail on executing a self-bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety for the likesum, in the event of his arrest by the Investigating Officer in Crime No.0481/2025 of Avalahally Police Station, Bengaluru city.

          (v) The appellant shall assist the Investigating Officer for investigation.

          (vi) The appellant shall not tamper or threaten the prosecution witnesses in any manner.

          (vii) The appellant shall not indulge in similar offences.

          Registry is directed to issue intimation to the concerned Trial Court along with a copy of this order for taking necessary action.