ASHOK Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is an appeal filed by appellants/accused Nos.1 and 3 challenging the order dated 15.03.2021 passed in Crl.Misc.No.76/2021 by Prl. District and Sessions Judge, Karwar, where under the anticipatory bail petition of the appellants/accused Nos.1 and 3 came to be rejected.

(2.) It is the case of the prosecution that one Pavitra Nagappa Haller is the daughter of the complainant and she contested and won the Gram Panchayat Election. On 10.02.2021 due to election for President and Vice President of Kharwa Panchayat, the complainant along with her daughter went to the meeting at Manki Block Congress Office and after completion of meeting she was returning along with her daughter and other members in vehicle bearing No.KA-47-M-4989. At about 9.30 am when they reached near Kharwa cross, the accused No.1 came in a car which was not having any number plate and intentionally dashed to the vehicle in which the complainant and others were traveling. Thereafter, the complainant and others came out of vehicle, then all the accused surrounded them and abused them in filthy language. The accused dragged daughter of the complainant by holding her hand and abused her taking name of caste and pulled the complainant. All the accused forcibly taken away daughter of the complainant and one Ibrahim Sab in a car and gave life threat to the complainant. The said complaint came to be registered in crime No.30/2021 of Honnavar Police Station for the offences punishable under Sections 143, 147, 341, 354, 363, 365, 427, 504, 506 R/W Section 149 of IPC and under Sections 3(1)(l), 3(1)(r) and 3(1)(s) of Scheduled Castes and the Scheduled Tribes(Prevention of Atrocities) Act,1989 (hereinafter referred to as the 'SC/ST (POA) Act', for brevity). The petitioners filed Crl.Misc.76/2021 and the same came to be rejected by Prl. District and Sessions Judge, Uttara Kannada, Karwar by order dated 15.03.2021. Aggrieved by the said order, the appellants are before this Court.

(3.) Heard the learned counsel appearing for appellants and learned High Court Government Pleader for Respondent/State.