LAWS(KAR)-2023-6-1067

JAYAPRAKASH G. Vs. STATE OF KARNATAKA

Decided On June 09, 2023
Jayaprakash G. Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) This appeal is filed by the appellant-accused under Sec. 14A(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'SC/ST (POA) Act') challenging the order of dismissal of the anticipatory bail vide order dtd. 29/4/2023 in Crl.Misc. No.3488/2023 in Crime No.77/2023 registered by the Sanjay Nagar Police Station for the offence punishable under Ss. 3(1)(r) and (s) of the SC/ST (POA) Act, Sec. 498A read with Sec. 34 of Indian Penal Code, 1860 (for short ' IPC ') and Ss. 3 and 4 of the Dowry Prohibition Act, 1961 (for short 'D.P. Act').

(2.) Heard the arguments of learned counsel for the appellant, learned High Court Government Pleader for the respondent No.1-State and learned counsel for respondent No.2-complainant.

(3.) The case of the prosecution is that the complainant- respondent No.2 who said to be Gazetted Rank Officer working at Karnataka Secretariat filed a complaint to the Police on 10/4/2023 alleging that she herself and the appellant fell in love and after knowing that they are inter caste, their marriage was registered in the office of Registrar of Marriages. They have two children out of their wedlock. Thereafter, the appellant and his family members started harassing her physically and mentally by demanding dowry and also abused her in filthy language by insulting her caste name. After registering the FIR, the Police tried to arrest this appellant as well as his family members. Hence, they approached the Sessions Judge (Special Court for granting anticipatory Bail) where the Special Court allowed the petition in part by granting anticipatory bail to the family members and rejected the application of this appellant. Hence, he is before this Court,