LOKESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Criminal Appeal No.1078/2020 is preferred under S.14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989 (for brevity, hereinafter referred to as 'SC/ ST Act ') against the Order dated 20.10.2020 passed in Crl. Misc. No.799/2020, by the Court of Special, 2nd Addl. District and Sessions Judge, Chitradurga, rejecting the applications filed by the appellants under Section 438 of Cr.P.C.

(2.) Criminal Appeal No.1079/2020 is preferred under S.14A(2) of the SC/ ST Act against the order dated 20.10.2020 passed in Crime No.456/2020, by the Court of Special, 2nd Addl. District and Sessions Judge, Chitradurga, rejecting the application filed by the appellant / accused No.1 under Section 439 of Cr.P.C.

(3.) The only reason assigned by the Special Court for rejecting the bail sought for by the appellant Nos.1, 2, 3 in Crl.A. 1078/2020 who are accused Nos.2, 3 and 4 in Crl. Misc. No.799/2020, is on account of the bar under S.18 of the SC/ ST Act. But a reading of the complaint indicate that all the material allegations are leveled only against accused Nos.1 and 2. According to the complainant aged about 23 years, she had developed friendship with accused No.1 and they had been carrying on love affair since about four years prior to the registration of the FIR. According to the complainant, on the false promise of marrying her, accused No.1 committed forcible sexual intercourse with her and in spite of her objection, caused abortion and when her parents came to know about the same, she went to the house of the appellants at 8.00 p.m. on 22.09.2020 and at that time, the appellants are alleged to have abused the complainant calling out her caste and proclaiming that they would not allow her marriage with accused No.1, sent her away. It is alleged that she was abused by calling her as "madiga soole" (which means "SC prostitute").