CHANNAGOUDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by accused Nos.1 and 2 challenging the order dtd. 21/6/2022 passed in Criminal Miscellaneous No.505/2022 by learned Principal District and Sessions Judge, Koppal, whereunder anticipatory bail petition filed by appellants in Crime No.102/2022 of Karatagi Police Station registered for the offences punishable under Ss. 143, 147, 148, 295, 307, 323, 324, 354(A), 395, 504, 506 read with Sec. 149 of the Indian Penal Code (hereinafter referred to as ' IPC ', for brevity) and under Ss. 3(1)(r), 3(1)(s) and 3(2)(va) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act ,1989 (hereinafter referred to as 'SC & ST (POA) Act', for brevity), came to be rejected so far as these appellants/accused Nos.1 and 2 are concerned.

(2.) Heard learned counsel for the appellants and learned High Court Government Pleader for respondent No.1/State. Inspite of service of notice, respondent No.2 has not chosen to appear either in-person or through counsel.

(3.) The case of the prosecution is that, one Dyavanna (respondent No.2) has filed the complaint alleging that he is resident of Nandihalli village in Karatagi Taluk and that on 21/5/2022 at about 8.30 p.m. at Nandihalli village, appellants and other accused entered into the colony of the complainant by forming an unlawful assembly by holding deadly weapons like stones, clubs etc., and assaulted the women and children who were in their house and threw the utensils of their house outside and also abused in filthy language. Appellants/accused Nos.1 and 2 assaulted Shekarappa with club and iron rod and snatched 2 tolas of gold chain from his neck and also dragged Honnur by touching her body with an intention to outrage her modesty and snatched her mangalsutra and abused them touching their caste and torn their clothes. In that incident 11 persons have sustained injuries whose names are mentioned in the complaint. The said complaint came to be registered in Crime No.102/2022 of Karatagi Police Station for the aforesaid offences. The appellants are arrayed as accused Nos.1 and 2 in the FIR, along with other accused filed Criminal Miscellaneous No.505/2022 seeking anticipatory bail and the same came to be rejected so far these appellants are concerned by order dtd. 21/6/2022 by learned Principal District and Sessions Judge, Koppal and has been granted anticipatory bail so far the other accused are concerned. The appellants/accused Nos.1 and 2 have challenged the said order in the instant appeal.