JAYARAMAPPA Vs. STATE

JUDGEMENT

(1.) This petition is filed under Section 438 of Cr.P.C. The learned counsel for the petitioners submits that this petition is pressed only in respect of petitioner Nos.1 & 4, for Petitioner Nos.2 & 3 applied to the Court under Section 439 of Cr.P.C. and obtained bail.

(2.) Heard the learned counsel for petitioner Nos.1 and 4 and the learned High Court Government Pleader for respondent No.1. The second respondent/complainant is notified.

(3.) The petitioners' counsel is questioned as regards the maintainability of the case in the light of Sections 18 & 18A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 (herein after referred as "Act" for short). It is his submission that plain reading of the complaint does not indicate prima facie case. The FIR shows longstanding civil dispute between the complainant and the petitioners. The alleged incident that took place on 06.01.2020 did not take within the public view. Except the allegation that the petitioners took the name of the caste of the complainant, nothing is there to show that the petitioners intentionally insulted the complainant and his family members taking the name of his caste and hence there is no bar for granting anticipatory bail.