SHIVKUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellants have filed this appeal under Section 14-A(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 ( for short, SC/ST (PA) Act ) challenging the order passed by the II Additional Sessions Judge at Kalaburagi in Crl.Misc.No.350/2021, wherein he has rejected the anticipatory bail petition filed by the appellants and consequently, they have sought for a direction, directing the respondent police to release them on bail in the event of their arrest in Madbool police station Crime No.24/2021, registered for the offences punishable under Sections 143, 147, 148, 341, 448, 354, 355, 323, 324, 504, 506 read with Section 149 of IPC and under Sections 3(1)(r), 3(1)(s) and 3(1)(w) of SC/ST (PA) Act, now pending on the file of V Additional District Court, Kalaburagi.

(2.) The facts leading to this case are that on 25.11.2020, the complainant has set the law in motion by lodging a complaint against the present appellants and others alleging that the appellants have committed the certain offences. In the said case, the appellants were enlarged on anticipatory bail and on 19.02.2021 at about 9.30 a.m., when the complainant was going from the shop along with his children, the appellants have restrained them wrongfully by forming unlawful assembly, assaulted them alleging that he has lodged atrocity case against the complainant and later on, the appellants went near the house of the complainant by forming unlawful assembly, abused the complaint in vulgar language and assaulted his children. In the said process, they have also pulled the sari of the mother of complainant, abused family members of the complainant with reference to their caste and they threw dung and shit on his house. In this regard, the case came to be registered. On the basis of the complaint, crime came to be registered in Crime No.24/2021 and the appellants apprehending their arrest have moved II Additional Sessions Court at Kalaburagi seeking anticipatory. The said application came to be rejected by the learned Sessions Judge vide his order dated 15.03.2021.

(3.) Thereafter, the appellants have filed Criminal Petition No.200567/2021 before this Court and later on they have withdrawn the same and filed this appeal under Section 14-A(2) of SC/ST (PA) Act for setting aside the order of the learned Sessions Judge rejecting the anticipatory bail petition and sought for direction to the police for enlarging them on anticipatory bail.