MAILARI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by appellant/accused No.4 under Sec. 14A(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Amendment Act of 2015) (hereinafter referred to as 'the SC/ST Amendment Act', for short) for grant of anticipatory bail in Crime No.17/2022 registered by Laxmeshwar Police Station for the offences punishable under Ss. 143, 147, 148, 324, 427, 448, 504 read with Sec. 149 of Indian Penal Code, (hereinafter referred to as 'the IPC ', for short) and under Sec. 3(1)(r), 3(1)(s) and 3(2)(va) of the SC/ST Amendment Act.

(2.) Heard the learned counsel for the appellant and the learned High Court Government Pleader for respondent No.1-State. Notice issued to respondent No.2 is served and he has remained unrepresented.

(3.) The case of the prosecution is that on the complaint of one Shantosh Hebbal the brother of the injured before the Police on 25/1/2022, alleging that accused Nos.1 to 5 have said to be came to the house of his brother and assaulting him by taking caste on the ground that the friend of the injured-Ravi by name Chetan said to give money to the present appellant and when the injured as well as Chatan were proceeding on motorcycle, this appellant stopped the vehicle and demanded money, for that the injured-Ravi informed to them that Chetan will pay the money but this appellant and other accused were demanded to leave the motorcycle belonging to the injured for which the injured has refused the same. At that time this appellant said to be abused the injured in filthy language by taking his caste and assaulted him. Thereafter the injured came to the house and in the evening all the accused persons along with this appellant came to the house of the injured and assaulted the inured with hooks as well as stick and abused him in filthy language by taking the caste. Thereafter they went away by threatening to leave their way and not to interfere in their business affairs. Therefore, a complaint came to be registered. After registering the case, the Police arrested the accused and this appellant. The accused Nos.1 to 5 approached before the Sessions Judge for grant of anticipatory bail, where the Sessions Court granted bail to other accused except this appellant/accused No.4. Hence, the appellant is before this Court.