HANUMANTAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by the appellant- accused No.6 challenging the order dtd. 27/6/2022 passed in Criminal Miscellaneous No.512/2022 by the learned Prl. District and Sessions Judge, Koppal, (hereinafter referred to as 'Sessions/Special Judge', for short), whereunder a petition filed by the appellant under Sec. 438 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the ' Cr.P.C .', for brevity) seeking anticipatory bail in Crime No.21/2022 of Gangavathi Rural Police Station registered for the offences punishable under Ss. 143, 147, 323, 354, 504, 506 R/w Sec. 149 of Indian Penal Code (hereinafter referred to as the ' I.P.C .', for brevity) and Sec. 3(1) (r), 3(1) (s), 3(1) (g), 3(2) (va) of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act , 1989. (hereinafter referred to as the 'SC and ST (P.O.A.) Act' for brevity) came to be rejected.

(2.) Heard learned counsel Shri Raja Raghavendra V.Naik for the appellant and Shri Prashant Mogali, learned HCGP for respondent No.1-State. In spite of service of notice, respondent No.2-complainant remained absent and unrepresented.

(3.) The case of the prosecution is that, one Smt. Shivalingamma W/o Govindappa has filed complaint stating that on 13/1/2022 at about 2:00 p.m, when she was in her land situated at Kadebagilu by doing work, at that time, accused persons came there, forming an unlawful assembly, in a car bearing Reg.No.KA- 22/P-5008, abused her in filthy language and accused No.1 dragged her saree and kicked her with leg and all the accused persons abused her by taking her caste name and also gave threat to her with dire consequence. The said complaint came to be registered in Crime No.21/2022 of Gangavathi Rural Police Station for the aforesaid offences. The police after investigation filed charge sheet against accused Nos.1 to 6 for the offences mentioned against their names in column No.17 of the charge sheet. The appellant who is arrayed as accused No.6 in the charge sheet apprehending his arrest has filed Crl.Misc.No.512/2022 seeking an anticipatory bail and the same came to be rejected by Special Court by order dtd. 27/6/2022. Therefore, the appellant has challenged the said order in the present appeal.