CHANDRAGOUDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by accused under Sec. 14A(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the SC/ST (POA) Act', for short) for grant of bail in Naragund Police Station Crime No.43/2022 for the offence punishable under Ss. 323, 354 , 109, 504, 506 read with Sec. 34 of of Indian Penal Code, 1860 (hereinafter referred to as the ' IPC ', for short) and under Ss. 3(1) (r), 3(1) (s), 3(2) (va) of SC/ST (POA) Act.

(2.) Heard the arguments of the learned counsel for appellants and learned High Court Government Pleader for respondent No.1. Though respondent No.2 served and unrepresented.

(3.) The case of the prosecution is that on the complaint of respondent No.2 herein, the police registered the case. It is alleged in the complaint that the complainant, after the death of her husband, residing with her children in one of the houses belonging to her sister-in-law. The sister-in-law in order to evict the complainant from the house, always used to quarrel with the complainant. The appellants are the tenants and it is alleged that initially the appellants were in good terms with the complainant but now they used to quarrel with her at the instigation of the mother- in-law of the complainant. On 29/3/2022 at 4.30 p.m., accused No.1, the mother-in-law picked up a quarrel with the complainant and started to abuse her in filthy language. At that time, these appellants came and abused the complainant in filthy language by taking the name of her caste even though they have known that the complainant belongs to SC/ST community and assaulted her and squeezed her neck. She has also implicated her mother-in-law and sister-in-law who are also her neighbours. After registering the case, the police are making hectic efforts to arrest these appellants. The bail application filed by the appellants came to be rejected by the Sessions Court. Hence, they are before this Court.