HUSENAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal has been filed by the complainant challenging the order dtd. 4/4/2022 passed in Criminal Miscellaneous No.158/2022 by the II Additional District and Sessions and Special Judge, Dharwad, whereunder respondent Nos.2 and 3/accused Nos.1 and 2 have been granted anticipatory bail in Crime No.33/2022 of Hubballi Sub-urban Police Station registered for the offences punishable under Ss. 323, 506 read with Sec. 34 of The Indian Penal Code (hereinafter referred to as the ' IPC ', for brevity) and Sec. 3(a)(r), 3(1)(s), 3(2)(va) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act (hereinafter referred to as the 'SC & ST (P.O.A.) Act' for brevity).

(2.) Heard learned counsel Shri Satish R.Raichur, for the appellant and learned counsel Shri Rajashekar R.Gunjalli, for respondent No.2 and 3/accused Nos.1 and 2 and Shri Prashant V.Mogali, learned HCGP for respondent No.1-State.

(3.) Brief facts leading to filing of this present appeal is that, appellant/complainant filed complaint against respondent Nos.2 and 3 on 14/3/2022, which came to be registered in Crime No.33/2022 of Hubballi Sub-urban Police Station for the offences punishable under Ss. 506 and 323 R/w Sec. 34 of IPC and Ss. 3(1)(r), 3(1)(s), 3(2)(va) of the SC & ST (P.O.A.) Act. In the complaint it is stated that on 12/1/2022 at about 10:00 a.m the complainant i.e, appellant was putting intermittent board in the property bearing CTS No.146A, Ward No.3 of Neelijan road Hubballi. At that time, respondent Nos.2 and 3/accused Nos.1 and 2 have abused the complainant in filthy words by taking his caste as 'Holeya Sule makkala' and they have assaulted with hands and gave life threat to him. Respondent Nos.2 and 3/accused Nos.1 and 2 apprehending their arrest have filed Crl.Misc.No.158/2022 seeking an anticipatory bail. Learned II Addl. District and Sessions & Special Judge, Dharwad by his order dtd. 4/4/2022 has granted anticipatory bail to the respondent Nos.2 and 3/accused Nos.1 and 2. Prior to passing of the said order, notice has been issued to the complainant and he appeared through counsel and filed statement of objections supported by affidavit. The Special Court has taken into consideration the said objection filed by the appellant/complainant while passing the impugned order. The complainant aggrieved by the said impugned order has preferred this appeal.