S. PUTTARAJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Accused Nos. 1 and 2 have filed this appeal seeking setting aside of the order dtd. 29/11/2022 passed in Crl.Misc. No. 1108/2022 by the LXX Additional City Civil and Sessions Judge and Special Judge, Bengaluru, whereunder the appellants had sought anticipatory bail in respect of crime No 137/2022 of Chamarajapet Police Station for the offence punishable under Sec. 506, 341, 504 read with Sec. 34 of IPC and Ss. 3(1)(r) and 3(1)(s) of the SC ST (Prevention of Atrocities) Act, came to be rejected.

(2.) Heard learned counsel for the appellants and learned HCGP appearing for the respondent No. 1 - State. Inspite of service of notice respondent No.2 remained absent and unrepresented.

(3.) The case of the prosecution is that respondent No. 2 had filed a complaint stating that he belongs to Schedule Caste (Madiga) and he is running school by name Wisdom English School under P.G. Educational Trust for the past seven years wherein the complainant is the Chairman. Appellant - accused No. 1 is the Secretary and Smt. Shakuntala is the Treasurer. The said Secretary, about two months back, had created duplicate trust deed which was not known to the complainant. The said Secretary used to get blank papers signed from the complainant and misused the same by creating resignation letter of the complainant and threw the complainant out of the school. The complainant requested the Police officer to get him back the papers signed by him and given to the Secretary. On 21/10/2022 at about 09.00 am keys of the school were taken away and when the complainant went to question the same he was told that he was a cobbler and janitor, fit for road sweeping and was unfit to become the President of the school. This was the abuse done by the Secretary and Treasurer. They also threatened to do away with the life of the complainant. It is further stated that on 13/10/2022 at around 04.00 pm the Treasurer held his hand and pushed him, took away the keys of the almirah along with relevant documents. The said Secretary used to misbehave with the teachers and never allowed them to discharge their duties freely. Many of the teachers had left the school on account of this and in the year 2016-17 one Smt. Nirmala from Mahila Association had lodged a complaint also. The Secretary has amended the Trust Deed and created documents and the complainant and the Treasurer were kept in dark. The owner of the school building on 20/6/2018 had registered the rental agreement for 29 years of tenancy and the said fact came to light only when the complainant met the Police in Chamarajapet. A compromise could have been arrived at but due to the complaint given by the Secretary and the Treasurer, who are appellants herein, in the Chamarajpet Police station, the complainant could not arrive at a compromise. Said complaint came to be registered in Crime No. 137/2022 of Chamarajpet Police Station for the offence punishable under Sec. 341 , 420 , 504 , 506 read with Sec. 34 of IPC and Ss. 3(1)(r) and 3(1)(s) of the SC ST (POA) Act. 1989. The appellants who are arraigned as accused Nos. 1 and 2 apprehending their arrest had filed Crl.Misc. No. 11028/2022 seeking anticipatory bail and the same came to be rejected by order dtd. 29/11/2022 by the LXX Additional City Civil and Sessions Judge and Special Judge, Bengaluru. The appellants have challenged the said order in this appeal.