H.E.RAGHAVENDRA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard Sri. R. Nagendra Naik, learned counsel for the appellants and learned High Court Government Pleader for respondent No.1. Respondent No.2 has been served with notice, but he has not appeared before the Court.

(2.) This appeal is preferred under Sec. 14A(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act (for short hereinafter referred to as 'the Atrocities Act') challenging the order dtd. 20/8/2022 in Crl.Misc.No.827/2022 filed under Sec. 438 of Cr.P.C. The appellants are accused Nos.1 to 3 in Cr.No.152/2022 registered by the first respondent police at the instance of the second respondent for the offences punishable under Ss. 109 , 307 , 504 , 323 and 279 of IPC and Ss. 3(1)(s) ,

(3.) (1)(r) , 3(2) (v-a) of the Atrocities Act read with Sec. 34 of IPC. 3. The allegations are that the appellants tried to cause death of the second respondent. It is pertinent to mention here that the first accused herein also made a complaint against the second respondent which came to be registered in Cr.No.151/2022 for the offences punishable under Ss. 323 , 307 , 341 , 504 and 506 of IPC and Ss. 3(1)(s) , 3(1)(r) , 3(2) (v-a) of the Atrocities Act. Therefore it is clear that the complaint and counter complaint were registered. It appears that the trial court has declined to grant anticipatory bail having regard to the fact that that the second respondent belongs to scheduled caste and that one of the offences registered is under Sec. 307 of IPC. In view of case and counter case being registered, the trial court could have granted anticipatory bail considering the background of the incident. It is to be mentioned here that one of the accused in Cr.No.151/22 namely Chetan moved this Court by filing Crl.A.No.1512/2022 and his bail application was allowed. He was admitted to bail. In view of this, the appellants can also be admitted for anticipatory bail. It is now submitted by the Government Pleader that investigation is over and charge sheet is also filed. This ground can also be considered for grant of anticipatory bail. Hence, the following: