MOHAN Vs. KASTURI

JUDGEMENT

(1.) This appeal has been filed by accused Nos.3 and 4 challenging the order dtd. 28/6/2022 passed in Criminal Miscellaneous No.354/2022 by the learned II Additional District and Sessions Judge, Bagalkote, 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 Crime No.64/2022 for the offences under Ss. 323 , 504 and 506 read with Sec. 34 of the Indian Penal Code, 1860 (hereinafter referred to as the ' IPC ', for brevity) and Ss. 3(1)(r)(s) and 3(1)(zc) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the 'SC & ST Act ', for brevity), came to be rejected.

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

(3.) It is the case of the prosecution that, on 13/6/2022, the informant and her sister, aged 14 years and a kid, aged 2 years, had been to Sri Anjaneya Swamy Temple, Tulasigiri. The minor kid had proceeded towards the electric wires. On seeing this, accused Nos.1 to 4 had picked up quarrel with the informant, dragged her out of the temple and abused her in filthy language by taking the name of her caste. It is further stated that accused Nos.1 to 4 had humiliated by abusing her in filthy language taking the name of her caste. The accused have also threatened her of dire consequences, if, she again comes to the temple. The said complaint filed by respondent No.1 came to be registered in Crime No.64/2022 for the aforesaid offences. The appellants, who were shown as accused Nos.3 and 4, apprehending their arrest have moved a petition under Sec. 438 of Cr.P.C. seeking anticipatory bail and the same came to be rejected by the learned II Additional District and Sessions Judge, Bagalkote by order dtd. 28/6/2022. The appellants have challenged the said order in the present appeal.