RUDRESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal has been filed by accused Nos.1 to 20 challenging the order dtd. 4/7/2022 passed in Criminal Miscellaneous No.503/2022 by the learned Principal District and Sessions Judge, Koppal, whereunder anticipatory bail petition of these appellants filed under Sec. 438 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the ' Cr.P.C .', for brevity) in Crime No.159/2021 of Gangavathi Rural Police Station registered for the offences punishable under Ss. 143 , 147, 148, 323, 324, 354, 504, 506 read with Sec. 149 of the India Penal Code (hereinafter referred to as the ' IPC ', for brevity) and Ss. 3(1)(r), 3(1)(s), 3(1)(w) , 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.

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

(3.) The case of the prosecution is that, one Shanmukappa S/o. Kariyappa has filed the complaint stating that on 29/5/2022 at about 10.30 a.m., when Neelamma, Somanath, Devamma, Durugappa and Shekarappa were feeding cattle in their cattle shed, at that time 25 persons came there by forming an unlawful assembly by holding deadly weapons like clubs, stone, iron rod with an intention to commit murder and assaulted Somanath and Neelamma and dragged Neelamma by holding her saree and torn her blouse with an intention to outrage her modesty and abused them in filthy language and also abused them by touching their caste. At that time, the complainant tried to pacify the said quarrel, all the accused persons abused him by touching his caste and also gave threat to his life with dire consequences. The said complaint came to be registered in Crime No.159/2022 of Gangavathi Rural Police Station for the aforesaid offences. The appellants along with accused Nos.23, 24 and 25 have filed petition under Sec. 438 of Cr.P.C. in Criminal Miscellaneous no. 503/2022 seeking anticipatory bail, which came to be rejected so far as these appellants are concerned by order dtd. 4/7/2022 and so far as accused Nos.23, 24 and 25 are granted anticipatory bail by the said order. The appellants have challenged the said order dtd. 4/7/2022 in the present appeal.