HAMPANNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is an appeal filed by appellants/accused Nos.1 to 3 challenging the order dated 02/07/2021 passed in Crl.Misc.No.396/2021 by I Addl. District and Special Judge, Ballari, where under the anticipatory bail petition o f the appellants/accused Nos.1 to 3 came to be rejected in Crime No.67/2021 for the o ffences punishable under Sections 323, 447, 324, 504,506 r/w Section 34 of The Indian Penal Code (hereinafter referred to as the IPC , for brevity) and under Section Sections 3(1)(r) and 3(1)(s) o f Scheduled Castes and the Scheduled Tribes(Prevention o f Atrocities) Act,1989 (hereinafter referred to as the SC/ST (POA) Act , for brevity).

(2.) It is the case o f the prosecution that one Somappa S/o Late Choudappa of Konchigeri village has filed complaint stating that on 02.06.2021 at about 10.30 a.m. when he was digging a pit in front of his house in order to fix a club, at that time the appellants/accused Nos.1 to 3 who were staying opposite to his house came there and claimed that the said place is belonging to them and questioned him how dare to dig a pit in their space and further they have abused complainant in filthy language by taking his caste name and asked him to fill the pit otherwise they would do away with the life, further they allegedly held the collar and also pulled him. It is further alleged that they were also holding crow bar and sickle in their hands, abused him by caste further they tired to assault him. The complainant told the accused that he was setting right his shop as it is in his place only and at that time one Anand/accused No.3 abused by caste and asked the complainant to go away otherwise will do away with his life. The complainant ran away from the spot and filed complaint in Crime No.67/2021 o f Sirigeri Police station for the aforesaid offences. The appellants/accused Nos.1 to 3 apprehending their arrest filed Crl.Misc.No.396/2021 seeking anticipatory bail and the same came to be rejected by I Addl. District and Sessions Judge and Special Judge, Ballari by order dated 02.07.2021. Appellants/accused have challenged the said order in the present appeal.

(3.) Heard the learned counsel appearing for appellants/accused and learned High Court Government Pleader for Respondent No.1/State. Inspite o f service of notice, respondent No.2 remained unrepresented.