SRINIVAS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by the sole accused challenging the order dtd. 10/6/2022 passed in Criminal Miscellaneous No.434/2022 whereunder, anticipatory bail petition filed by this appellant/accused in respect of Crime No.97/2022 of Gangavathi Town Police Station registered for the offences punishable under Ss. 504 , 506 of the Indian Penal Code (hereinafter referred to as ' IPC ', for brevity) and Sec. 3(1)(r) , 3(1)(s) and 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 appellant, learned High Court Government Pleader for respondent No.1/State. Inspite of service of notice, respondent No.2 remained absent and unrepresented.

(3.) The case of the prosecution is that, on 10/5/2022 the appellant published an article in his news paper about the complaint of illegal collection of donations in the name of Sant Mela in Anjanadri Betta and also published that devotees filed complaint to the Tahasildar and a criminal case registered against Basavaraj Swamy Malimatha and Raju Nayak. Respondent No.2 on 11/5/2022 filed the complaint before Gangavathi Town Police Station alleging that he asked the appellant through phone about article and the appellant alleged to have called him to come near Jayanagar. On 11/5/2022 when respondent No.2 went near Jayanagar, it is alleged that this appellant alleged to have abused him taking his caste. The said complaint came to be registered in Crime No.97/2022 for the offences punishable under Ss. 504 , 506 of IPC and Ss. 3(1)(r), 3(1)(s) and 3(2)(va) of SC and ST (POA) Act. The appellant apprehending his arrest has filed Criminal Miscellaneous No.434/2022 seeking anticipatory bail and the same came to be rejected by the Principal District and Sessions Judge, Koppal by order dtd. 10/6/2022. The appellant has challenged the said order in the instant appeal.