N. SRINIVAS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Appellant has filed the present appeal under Sec. 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the SC/ST Act') and has sought for setting aside of the order of the trial Court rejecting his application filed under Sec. 438 of Cr.P.C. in Crl.Misc.No.59/2021 and seeks to be enlarged on anticipatory bail.

(2.) The case that is made out by the complainant is that on 5/12/2020, complaint has been made to the jurisdictional police stating that the appellant herein had abused him "It is further stated that the appellant was making defamatory statements about the complainant in media and accordingly, complaint has been filed. It is further made out in the said complaint that the appellant had stated that he was running YouTube Channel and was incurring expenditure and that he would not publish anything about the complainant if funds are provided and it is submitted that said incident occurred on 26/11/2020 at about 5.30 p.m. when the complainant saw the appellant near BEML Nagar officers' quarters. The FIR came to be registered in Crime No.33/2020 for the offences punishable under Ss. 384, 506, 501 and 511 of IPC and Sec.

(3.) (1)(r), 3(1)(s) of the SC/ST Act. 3. The petition filed before the trial Court came to be rejected as per the order dtd. 6/2/2021 wherein the learned District and Sessions Judge has remarked that prima facie case is made out and accordingly, it is stated that the limited jurisdiction of entertaining 438 petitions as regards the offences under the special statute would be permissible only if no prima facie case is made out and in light of prima facie case being made out, appellant was not entitled for bail.