DEVAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant has filed this appeal under Section 14-A (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 ( for short, 'SC/ST (PA) Act') challenging the order of the learned Sessions Judge, Yadgiri passed in Crime No.12/2021 of Hunasagi police station, whereby the learned Sessions Judge has rejected the bail petition filed by the present appellant under Section 439 of Cr.P.C.

(2.) The factual matrix leading to this case are that the appellant and the complainant are native of Yadahalli village of Hunasagi taluka in Yadgiri district. On 28.02.2021, at about 2.30 p.m., the complainant had been to attend the call of nature near Bumanna Mutya temple and when she was returning to home, the present appellant came from opposite direction with an intention to outrage her modesty, held her hands and dragged her. When the complainant objected it asserting that she is a married lady then, the appellant abused her in filthy language with reference to her caste. In the mean while, after hearing her cry, her father-in-law rushed to the spot then the appellant also abused him and assaulted him by hands causing simple injuries and also dragged the complainant by outraging her modesty. In this regard, the complainant has lodged a complaint against the present appellant and the investigating officer has registered the FIR in Crime No.21/2021 of Hunasagi police station for the offences punishable under Sections 323, 354(A), 354(B), 504 and 506 of IPC and under Sections 3(1)(r), 3(1)(s), 3(1)(w) and 3(2)(va) of SC/ST (PA) Act.

(3.) The appellant was arrested on 01.03.2021 and he was produced before the learned Sessions Judge and then he was remanded to judicial custody. Thereafter, the appellant had moved a regular bail petition before the learned Sessions Judge, who has rejected his bail petition by order dated 22.03.2021. Hence, the appellant has filed this appeal challenging the said order and sought for setting aside the order of the learned Sessions Judge and prayed for allowing the appeal.