PARASHURAM Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Accused Nos.1 to 11 and 13 to 16 have filed this appeal challenging the order dtd. 30/5/2022 passed in Criminal Miscellaneous No.186/2022 by the learned Additional District and Sessions Judge, Gadag (hereinafter referred to as 'Special court', for short), whereunder the petition filed by the appellants under Sec. 438 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the ' Cr.P.C .', for brevity) seeking anticipatory bail in Gajendragad Police Station Crime No.73/2022 registered for the offences punishable under Ss. 143, 147, 148, 109, 307, 323, 324, 354, 354A , 354B, 355, 504 and 506 read with Sec. 149 of The Indian Penal Code (hereinafter referred to as the ' IPC ', for brevity) and Sec. 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities), Act, 1989 (hereinafter revered to as the 'SC & ST Act ', for short).

(2.) Heard the learned counsel for the appellants, the learned counsel for respondent No.2- complainant and the learned High Court Government Pleader for respondent No.1/State.

(3.) The case of the prosecution is that, on 7/5/2022 at 8:00 am, the complainant and her daughter were on their way to their land for work. In order to raise a quarrel, accused Nos.1 to 4 used to pass urine in front of them, raised quarrel, abused the complainant and her daughter in filthy language and insulted them by abusing on their caste, assaulted the complainant, disrobed her and attempted to murder her by strangulation. At that time, accused Nos.5 to 16 joined accused Nos.1 to 4. The said complaint came to be registered in Crime No.73/2022 for the aforesaid offences in Gajendragad Police Station. The appellants apprehending their arrest had filed Crl.Misc.No.186/2022 seeking anticipatory bail and the same came to be rejected by the learned Additional District and Sessions Judge, Gadag, by order dtd. 30/5/2022. The appellants have challenged the said order in the present appeal.