VISHWANATH Vs. STATE

JUDGEMENT

(1.) The appellants have filed this appeal under Section 14A (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 ( for short, SC/ST (PA) Act ) for setting aside the order of the learned II Additional Sessions Judge at Kalaburagi in Crl.Misc.No.753/2021, dated 03.06.2021, whereby he has rejected anticipatory bail petition filed by the appellants and they have sought for admitting them on anticipatory bail.

(2.) The factual matrix leading to this case are that on 19.02.2021, at about 10.00 a.m., when the complainant was standing near Rang Mandir at Katama Devarahalli village, accused No.1/appellant No.1 came there and abused him in filthy language alleging that in the Gram Panchayat election, he has canvassed on behalf of Arunkumar and thereby his friend Mallappa lost election and when the complainant questioned him as to why he is abusing him, accused No.1/appellant No.1 again abused him in filthy language and assaulted him. At that time, other accused persons joined him and they have also assaulted him by iron rod, sticks and by hands. In this regard, on the basis of the complaint lodged by the complainant, the investigating officer has registered the crime for the offences punishable under Sections 143, 147, 148, 323, 324, 114, 307, 504, 506 read with Section 149 of the Indian Penal Code, 1860 (for short IPC ) and under Sections 3(1)(r), 3(1)(s) and 3(2)(v) of SC/ST (PA) Act.

(3.) The appellants apprehending their arrest have approached the learned Sessions judge seeking anticipatory bail, but, the learned Sessions Judge has rejected their anticipatory bail petition. Hence, they have filed this appeal.