LATHA K.H. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Appellants who are arraigned as accused No.2 to 5 have filed this appeal under Sec. 14A(2) of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (hereinafter referred to as 'the SC/ ST Act ') seeking anticipatory bail in Crime No.37/2023 of Women Police Station, Haveri for the offences punishable under Ss. 143, 147, 323, 376(2)(n) 504 read with Sec. 149 of IPC and under Ss. 3(1)(r), 3(1)(w)(i)(ii), 3(2)(v) and 3(2)(va) of the SC/ ST Act .

(2.) In support of their appeal, appellants have contended that they are peace loving and law abiding citizens. They have not committed the alleged offences. Only to harass them, they have been falsely implicated. At no point of time, they have abused the complainant referring to her caste. They have not even seen the complainant at any point of time. There is inordinate delay in filing the complaint. The complaint averments indicates that the complainant was knowing only accused No.1.

(3.) Learned HCGP has filed objections stating that the complainant belongs to Hindu Valmiki caste (coming under ST category), whereas accused persons belong to Kuruba caste. Accused No.1 assuring the complainant of marrying her, established physical relationship with her. Twice when she became pregnant, she was forced to abort the child. Ultimately, during 2018, accused No.1 tied 'tali' to the complainant at Chandraguttemma temple and continued his physical relationship with her. Ultimately, when she persisted him to marry her and disclosed the fact of their relationship, he abused her referring to her caste. On 8/5/2023, at 6.00 p.m., when the complainant went to the house of accused No.1 to 5, all of them abused her, referring to her caste, assaulting her with hands and drove her out of their house.