BRAHMANANDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by appellants-accused Nos.1 and 5 to 14 challenging the order dtd. 20/7/2022 passed in Crl.Misc.No.601/2022 by the learned I Additional District and Sessions Judge, Ballari, whereunder the anticipatory bail petition filed by these appellants under Ss. 438 of the Code of Criminal Procedure (hereinafter referred to as the ' Cr.P.C .', for brevity) sought in Crime No.89/2022 of Toranagallu Police Station registered for the offences punishable under Ss. 143 , 341 , 323 , 504 and 506 read with Sec. 149 of Indian Penal Code (hereinafter referred to as the ' I.P.C .', for brevity) and under Ss. 3(1)(d) , 3(1)(r) , 3(1)(s) of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act , 1989 (hereinafter referred to as the 'SC & ST Act ' for brevity) came to be rejected.

(2.) Heard learned counsel Shri A.Veeranna for the appellants and Shri Prashant Mogali, learned HCGP for respondent No.1-State. In spite of service of notice, respondent No.2- complainant has not chosen to appear either in- person or through counsel.

(3.) The case of the prosecution is that, one Smt. Siddamma W/o Mayanna of M.Gangalapura village, Sandur taluk, Ballari district, has filed complaint stating that her husband is a driver by profession and they have 3 sons and two daughters. That on 19/6/2022 at about 9:30pm, one Anjineya threw stone to their water drum placed in front of their house, her husband and her sons namely Santosh and Shekari assaulted the said G.M.Anjineya with hands, advised him and sent him back. Thereafter, on 20/6/2022 at about 6:00am, the said Anjineya died. In respect of the same at about 6:30am, the appellants and other accused forming themselves into an unlawful assembly came to the house of the complainant and abused in filthy language by taking their caste stating that since they have assaulted Anjineya yesterday night and he died. It is further stated that all the accused assaulted her husband with hands and legs. Thereafter, the husband of complainant went near the house of one Moulali, again all of them went to Moulali's house and from there till water filter they have dragged and assaulted him and further, they have tied him with rope to a electric pole making him half naked and abused him in filthy language by taking his caste and threatened to kill him. At that time, the persons gathered rescued the husband of the complainant. The said complaint came to be filed on 20/6/2022 at about 11:45pm and it came to be registered in Crime No.89/2022 of Toranagal Police Station for the aforesaid offences. Appellant who are arrayed as accused Nos.1 and 5 to 14 in the FIR, apprehending their arrest, have filed Crl.Misc.No.601/2022 seeking anticipatory bail and the same came to be rejected by the learned I Additional District and Sessions Judge, Ballari by order dtd. 20/7/2022. Therefore, the appellants have challenged the said order in the present appeal.