MADEV NAGAPPA NAIK Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this appeal filed under Sec. 14A(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "SC/ST (POA) Act") appellants who are arraigned as accused Nos.1 and 2 are seeking anticipatory bail in crime No.125/2021 of Bhatkal Rural Police Station for the offences punishable under Ss. 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST (POA) of Amendment Act, 2015 and u/sec.323, 504, 506 r/w Sec. 34 of Indian Penal Code (for short, ' IPC ').

(2.) Appellants have contended that the learned Sessions Judge has erred in holding that the provisions of SC/ST (POA) Act are applicable and as such, there is prohibition u/sec.18 to grant anticipatory bail. The trial Court has erred in coming to the conclusion that a prima facie case is made out in favour of the prosecution and against the appellants. The offences punishable under Ss. 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST (POA) of Amendment Act, 2015 and u/sec.323, 504, 506 r/w Sec. 34 IPC are not attracted. Consequently, there is no impediment to grant anticipatory bail so far as the offences punishable under Ss. 323, 504, 506 r/w Sec. 34 IPC are concerned. Since already charge sheet is filed, the question of appellants threatening or tampering with the witnesses would not arise.

(3.) Learned High Court Government Pleader has filed objections stating that the allegations against accused are that when complainant send some messages in WhatsApp, appellants confronted him, abused him in filthy language, assaulted and kicked him. They also abused him referring to his caste and thereby committed the offences under Ss. 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST (POA) of Amendment Act, 2015 and u/sec.323, 504, 506 r/w Sec. 34 IPC. After completing investigation, the charge sheet is filed. During investigation, the Investigating Officer has interrogated the appellants by issuing notice u/sec.41A Cr.P.C . Charge sheet makes out a prima facie case against the appellants and prays to dismiss the appeal.