NAGAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant/accused has filed this appeal under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'SC & ST Act') for setting aside the order passed in Criminal Miscellaneous No.528/2021 by I-Additional Sessions Judge, Raichur District, Raichur/Special Court (SC/ST Act), whereby the said Court has rejected the anticipatory bail sought for by the present appellant/accused in Crime No. 44/2021 of Balaganur Police Station.

(2.) The factual matrix leading to this case are that, the complainant is belonging to Scheduled Caste community. It is alleged that on 11.04.2021 in the afternoon at 1.00 'O' Clock, the complainant had been to a canal in Tippanahatti Village of Maski Taluk for taking bath and at that time, the present appellant/accused, who was present there, started to abuse the complainant with reference his caste and asked him to go and take bath in lower-end of canal, and tried to attack him by a knife on his chest and when the complainant tried to escape, the knife hit on his left hand and he suffered injuries. At that time, Accused No. 2 was present there and he instigated the present appellant to finish off the complainant and thereafter, Accused No.2 called other accused to the spot, who are belonging to Kuruba community, and abused the complainant with reference to his caste and assaulted him. Then Duragappa and Sharanappa came there and pacified the matter and the appellant and other accused have threatened him with dire consequences. The complainant was admitted in the hospital and from hospital itself, he lodged a complaint in this regard.

(3.) Being aggrieved by the order of the learned Special Judge, the appellant has filed this appeal under Section 14-A of SC & ST Act before this Court for setting aside the order passed by the learned Sessions/Special Judge and to grant bail to him.