B. M. KUMAR Vs. STATE

JUDGEMENT

(1.) This appeal filed by the appellant/accused No.1 under Sec. 14(A)(2) of The Scheduled castes and the Scheduled tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred as Special Act ) for setting aside the order of dismissal of bail application filed under Sec. 438 of Cr.p.C in Crl.Misc.No.4793/2023 dtd. 9/6/2023 by the LXX Additional City Civil and Session Judge and Special Judge, Bengaluru, with respect to the Crime No.98/2023 registered by the Sanjay Nagar Police Station, Bengaluru.

(2.) Heard the arguments of learned counsel for appellant and learned HCGP for the state. Respondent No.2 served and unrepresented.

(3.) The case of the appellant is that the respondent No.2/Raju Nayak, the Assistant Professor, for Dairy Science College, Hebbala, Bengaluru, filed a complaint on 20/5/2023, alleging that he is working in the said institution. That on 19/5/2023 at 3.00 p.m., with the intention to celebrate World Milk Day function of the Dairy Science College, while there was discussion happening about the same at Dean's office, at that point of time, the appellant who is a senior Laboratory Assistant in Dairy University of Science, abruptly entered into the Dean's office and questioned his transfer and misbehaved with the deans Dr.Venkatesh.M, Dr.Ramachandra B., and Dr.Praveen A.r., when the complainant intervened to pacify the quarrel, at that time, the appellant abused the complainant in filthy language in loud voice by insulting the respondent, by taking his caste name as Lambani and he tried to manhandle the complainant. The said offence was committed in the presence of deans, staff members, and other persons. After registering of the complaint, the police registered the FIR for the offence punishable under Ss. 3 (1)(r)(s) of Special Act and Sec. 504, 323, 353 of IPC. The appellant apprehending his arrest in the hands of the police has approached the trial court for granting anticipatory bail, which came to be dismissed, hence he is before this court.