CHETHAN B S Vs. STATE

JUDGEMENT

(1.) This is an appeal filed under sec. 14A(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act (for short hereina fter referred to as 'the Atrocities Act') challenging the order dtd. 20/8/2022 in Crl. Misc. 830/2022 on the file of Special, 2nd Additional District and Sessions Judge, Chitradurga. The appellant applied for anticipatory bail under sec. 438 Cr.P.C and since the said application stood dismissed by the impugned order, this appeal has been preferred.

(2.) Heard Sri Gopalakrishnamurthy, learned counsel for the appellant and the High Court Government Pleader. It is reported by the High Court Government Pleader that notice has been served on the mother of respondent No.2, but there is no representation from him .

(3.) The appellant applied for anticipatory bail in relation to FIR in Crime No. 151/2022 for the offences punishable under Sec. 323, 307 , 341, 504, 506 of IPC and Sec. 3(1)(r), (s) and 3(2)(v)(a) of the Atrocities Act. Report was made by the second respondent to the police stating that on 26 .7.2022 at 1.00 AM he unloaded the chickens at a shop in the mutton market, Hiriyur and when he came near Sagar Reddy Hotel, he was intercepted by the appellant who was driving a car. The appellant alighted from the car and asked the second respondent about his identity. When the second respondent disclosed his identity, suddenly the appellant started abusing him in the name of his caste and assaulted him. It is alleged that the appellant brought a knife and tried to inflict injuries on his neck. At that time one autorickshaw driver interfered to pacify the situation .