(1.) THE petition is filed under Section 438 Code of Criminal Procedure for grant of anticipatory bail. The Petitioner is accused of committing offences punishable under Sections 323, 504, 506 Indian Penal Code and Section 3(1)(10) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short 'the Act').
(2.) THE facts of the prosecution reveal that Bharath M. Magdoor and the accused -Petitioner were colleagues working for a developers. It appears that there was a written agreement between them. The complainant was insisting for furnishing copy of a written agreement. The accused used to postpone the delivery of copy on the pretext that the documents are with their Advocate. On 6.4.2002 the complainant had demanded the delivery of copy of the agreement and again on 8.4.2002 at about 2 p.m. In Kamath Cafe, Cotton Market area when the complainant met the accused and demanded the copy, the accused refused to give the copy and on persistent demands, the accused got wild assaulted him and also abused the complainant in filthy language and abused him by his caste name "valmiki" and "beda" and the complainant refused to furnish the copy. The incident is said to have been witnessed by one Chennabasappa Kallappa Bhavi and Mobasa Shettappa Karishety who intervened and pacified the parties. Upon the complaint, the police have registered a case against the accused -Petitioner for the aforesaid offences.
(3.) THE Counsel for the Petitioner relied on the ruling of this Court in Chikkappa and Others Vs. State by Sub -Inspector of Police, Hangal Police Station, (2002) CriLJ 518. On carefully going through the said decision, I find the ratio laid down in the said case has absolutely no application to the facts of the present case. In the said decision, it is held that the Court will have to take a look at the first information report and the allegations made therein to find out whether prima facie an offence under the SC/ST Act is made out. If there is material to suggest the commission of such offence then the provision of Section 18 of the SC/ST Act applies in the result, no petition under Section 438 Code of Criminal Procedure can be entertained. However, if there is no prima facie case, the Court including the Sessions Court can certainly consider the material available to pass appropriate orders under Section 438 of Code of Criminal Procedure.