(Prayer: This Crl.A. is filed u/S. 14(A)(2) of SC/ST (POA) Act, 2015 by the advocate for the appellant praying to set aside the order of the LXX Addl. City Civil and Sessions Judge and Special Judge, Bengaluru (CCH-71) dated 30/01/2026 in Crl.Misc No:11712/25 and enlarge the appellant on bail in Crime No:323/25 pending on the file of CCH-71, City Court Complex Bengaluru City for an offence punishable under Section 3(2)(V) of SC and ST (Prevention of Atrocities Act) 1989 and Sections 69, 89 r/w 3(5) of BNS registered by the Konanakunte Police, Subramanyapura Sub-Division, Bengaluru City.)

Oral Judgment

1. This appeal is against the judgment and order dated 30.01.2026 passed in Crl.Misc.No.11712/2025 by the LXX Additional City Civil and Sessions Judge and Special Judge, Bengaluru (hereinafter referred to as 'the Sessions Court'), by which the application filed by the appellant herein under Section 483 of BNS Act seeking enlargement on bail in respect of offences punishable under Section 3(2)(v) of SC/ST (PoA) Act, 1989 and Sec 69, 89 R/w Section 3(5) of BNS has been rejected.

2. Respondent No.2-complainant-victim is present personally before this Court being represented by her learned counsel Smt. Lavanya. M.

3. Learned counsel for the accused-appellant as well as the learned counsel for the respondent No.2-victim submit in unison that accused-appellant and respondent No.2 were in love and in relationship. Since the appellant had refused to marry her, respondent No.2-victim was constrained to file the complaint alleging commission of offences punishable as noted hereinabove. The respondent No.2-victim and accused- appellant have now resolved to get married. Hence, she submits that appellant be enlarged on regular bail.

4. Learned HCGP on the other hand submits that the charge sheet has been filed citing 28 witnesses, prima-facie materials has been brought on record. If the accused-appellant is enlarged on bail, there is likelihood of he influencing the prosecution witnesses and derailing the entire process of trial. Hence, seeks for rejection of the appeal.

5. Heard and perused the records.

6. Perusal of the compliant produced along with appeal memo would indicate that the accused-appellant and respondent No.2-victim were in love and even the wedding invitation cards were also printed fixing the date of marriage as 07.02.2025. It is alleged that the accused-appellant thereafter, retracted from assurance of marrying her and in the meanwhile had misused the confidence reposed by the the respondent No.2-victim by sexually assaulting her.

7. Now in the light of the submissions being made by the learned counsel for the accused-appellant as well as learned counsel for the respondent No.2-victim on instructions in the personal presence of the respondent No.2-victim, accused- appellant and respondent No.2-victim resolving to marry each other, this Court is of the considered view that the appeal be allowed, subject to conditions. Accordingly, following:

ORDER

          (i) Criminal Appeal No.379/2026 is allowed;

          (ii) The impugned order dated 30.01.2026 passed in Crl.Misc.No.11712/2025 by the LXX Additional City Civil and Sessions Judge and Special Judge, Bengaluru, is set aside.

          (iii) The accused-appellant is directed to be enlarged on bail in Crime No.386/2025 registered by the Konanakunte Town Police Station registered for the offences punishable under Section 3(2)(v) of SC/ST (PoA) Act, 1989 and Sec 69, 89 R/w Section 3(5) of BNS, subject to the following conditions;

          a. The accused-appellant shall execute personal bond for a sum of Rs.1,00,000/- with one surety for likesum to the satisfaction of the Jurisdictional Court;

          b) The accused-appellant shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

          c) The accused-appellant shall not directly or indirectly threaten or tamper with the prosecution witnesses;

          d) The accused-appellant shall not involve in similar offences in future;

          e) The accused-appellant shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.