P.R.JAGADISH Vs. STATE

JUDGEMENT

(1.) This appeal is filed under Sec. 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act ('SC/ST Act' for short), questioning the correctness of the order dtd. 21/10/2022 passed by the I Additional Sessions and Special Judge, Chikkamagaluru in Crl.Misc.No.1009/2022, rejecting the appellants'application under Sec. 438 of Cr.P.C., for anticipatory bail in connection with Crime No.117/2022 registered by the first respondent police, for the offences punishable under Ss. 323, 324 and 504 of IPC and Ss. 3(1)(r)(s) and 3(2)(v-a) of SC/ST Act read with Sec. 34 of IPC. The appellants are accused 1 and 2.

(2.) Heard Sri Vivek Subba Reddy, learned senior counsel appearing on behalf of the counsel for the appellants and the learned High Court Government Pleader for respondent No.1-State. Respondents 2 and 3 are served with notice of this appeal, but they have not entered appearance either personally or through an advocate.

(3.) The incident in connection with which FIR came to be registered is said to have taken place on 8/10/2022 at 10.00pm. The FIR shows that for about 3 months, the second respondent, her husband and some others were working as labourers in the estate of the appellants. 15 days prior to 10/10/2022, a quarrel had taken place between Satish and Manju, and some others in relation to some thing concerning children and at that time, the first appellant is said to have assaulted Manju. Because of assault on Manju, he wanted to leave the estate and at that time the first appellant asked him to clear his loan amount before going out from his estate. When Manju and Satish visited the other estates for mobilizing the money to be repaid to the first appellant, on 8/10/2022, at about 09.30am, when the second respondent and her husband were in the house, the appellants went there, abused them in vulgar language and snatched a mobile phone from her. When the second respondent said that she would not give her mobile phone, the first appellant slapped her and assaulted her husband. When Roopa and Kavitha came to rescue them, they were also assaulted. The second respondentstated that as a result of beating on her abdomen, she suffered pain. This incident was reported to the police on 10/10/2022.