V.R.MUKUNDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard Sri P.V.Mahale , learned senior counsel for the appellant, Sri Mahesh Shetty, learned High Court Government Pleader for respondent No.1- State and Sri B.N.Shivakumar, learned counsel for respondent No.2.

(2.) This is an appeal filed under Sec. 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act ['SC/ST Act' for short], challenging the correctness o f the order dtd. 2/11/2022 passed by the LXX Additional City Civil and Sessions Judge and Special Judge, Bengaluru in Crl.Misc.No .10282/2022 , rejecting the appellant's application under Sec. 438 of Cr.P.C., for anticipatory bail in connection with Crime No.257/2022 registered by the first respondent-police for the offences punishable under Ss. 504 and 506 of IPC and Sec.

(3.) (1)(r)(s) of SC/ST Act. 3. The genesis of FIR is a report given to the police by the second respondent on 15/10/2022 stating that the appellant had illegally sold 0-35 guntas o f land in Sy.No .25/3 of Puttenahalli village . According to the second respondent, the said land was donated to Anjaneyaswamy Temple, but the appellant being the Archak o f the temple created false documents and sold the said land to somebody. In this regard on 15/10/2022 at 10.25am , when the second respondent and some villagers went near the temple to question the illegal sale, the appellant insulted the second respondent taking the name of his caste and threatened to kill him.