REVANSIDDAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by appellant/accused under Sec. 14A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act , 1989)( herein after for short' SC/ST(POA) Act,1989) for setting aside the order of the Addl. District and Sessions Judge, in Crl.Misc.No.136/2022 dtd. 22/4/2022 for having rejected the anticipatory bail petition filed under Sec. 438 of Code of Criminal Procedure (herein after for short ' Cr.P.C .').

(2.) Heard the arguments of learned counsel for appellant and learned HCGP for respondent-State. Respondent No.2 is served but unrepresented.

(3.) The case of the prosecution is that on the complaint of complainant/respondent No.2, Police have registered case in Crime No.62/2022 dtd. 3/4/2022 for the offence punishable under Ss. 323 , 504 , 506 of IPC and Sec. 3(1)(r) , 3(1)(s) and 3(2) (v-a) of SC/ST(POA) Act,1989. It is alleged by the complainant that on 2/4/2022 in the night hours, in the village where there was Hanumappa Temple fair, there was orchestra organized by the villagers. In the said orchestra in the early morning i.e. on 3/4/2022 the orchestra party singers sung the song pertaining to kurubaru viz 'kurubaru navu kurubaru', after hearing this song the complainant and others were also requested to sing a song pertaining to Mahanayaka Dr. Babasaheb Ambedkar, though the orchestra singers stated they have sing the song but they have not sing the song and they stopped the orchestra. When the complainant and others were requested why they not sing the said song that can be appellant and others were came to there and abused the complainant in filthy language by taking the caste, insulted him in public and also assaulted and shown intimidation on the complainant. Therefore, he went to the Police Station and lodged the complaint against him. The Police after registering the case making an effective efforts to arrest the appellant and arrested him. The appellant approached before the Trial Court for grant of anticipatory bail, which came to be rejected and hence he is before this Court.