GANESHA L.D. Vs. STATE

JUDGEMENT

(1.) Heard Sri R.Shashidhara, learned counsel for the appellant and the learned High Court Government Pleader for respondent No.1-State. Counsel for respondent No.2 is absent.

(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 of the order dtd. 30/9/2022 passed by the Special, II Additional District and Sessions Judge, Chitradurga in Crl.Misc.No.1053/2022, rejecting the appellant's application under Sec. 438 of Cr.P.C., for anticipatory bail in connection with Crime No.181/2022 registered by the first respondent-police for the offences punishable under Ss. 323, 504 and 506 of IPC and Sec. 3(1)(r)(s) of SC/ST Act read with Sec. 34 of IPC.

(3.) FIR was registered on 15/9/2022 at 09.30pm, in relation to incident dtd. 14/9/2022. The allegation is that when the second respondent's son went to the play ground of the High School of the village, the appellant herein and another accused, namely, Abhishek did not allow him to play. It is alleged that because the second respondent's son belonged to 'Nayaka' community, the appellant and the another accused said that he should not play there. There is another allegation that the appellant and another accused assaulted the second respondent's son severely causing severe injuries and then threatened to kill him.