REVANASIDDA Vs. STATE

JUDGEMENT

(1.) This is an anticipatory bail petition filed under Section 438 of Cr.P.C. by accused Nos.19, 25 and 26 in crime No.66/2019 of Kembhavi Police Station, Hunasigi Circle of Yadgir district.

(2.) The allegation in the FIR is to the effect that on 31.05.2019 at about 8.00 p.m. when the complainant Smt. Shivalingamma Manappa Dasar was sitting infront of her house, people belonging to Kuruba community took out a marriage procession playing music loudly and dancing to the same and further they were making loud noise at the same time. The complainant told them that since there were houses, they should go ahead and thereafter sing songs. At that time 26 people including the present petitioners with the intention of committing murder, abused that ""Dasa suleyaradu baal aagide" and they started assaulting by hands. It is alleged that accused Ningappa took out one iron rod and assaulted on the forehead and chin of the complainant and she fell down and started screaming. When her community people like Padmavathi, Yankappa, Bhimappa, Devaraj, Venkatesh and Manappa came to her rescue, the accused abused them as " Das sulemakkaladu ooralli baal aagide" and accused Shekhappa stabbed Yankappa with knife on his lips and on his chin. Accused Ramayya Pujari assaulted Bhimappa Dasar by hands. Accused Shivaputra and Basappa assaulted Devaraj Dasar by hands. Accused Rayappa Goraki and Shivappa Goraki assaulted Manappa Dasar. Accused Ningappa and Ramayya assaulted Padmavathi and complainant and abused them. They also held them by their hairs and dragged them and molested them. It is alleged that petitioner No.2 Meenakshi (A.25) and petitioner No.3 Gangamma (A.26) had pushed Venkatesh Dasar to the ground and caused injuries to them.

(3.) Insofar as grant of advance bail in cases where the offences under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989 (for short ' the Act') are alleged is concerned, the law now is clear. In cases where the offences under the Act are registered, the protective benefit of anticipatory bail under Section 438 of Cr.P.C. is taken away under Section 18 of the Act. The Hon'ble Supreme Court of India in Prathvi Raj Chauhan Vs. Union of India and Others reported in AIR 2020 Supreme Court 1036 has held as follows: