GIRISH POONACHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by the appellants-accused Nos.1 to 10 under Sec. 14(A)(2) of the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'SC/ST(POA) Act') for setting aside the order in Crl.Misc.No.124/2023 passed by the I Additional District and Sessions Judge, Kodagu-Madikeri for having dismissing the bail petition under Sec. 439 of Cr.P.C. arising out of Crime No.24/2023 registered by Napoklu Police Station, Kodagu for the offences punishable under Ss. 353, 504, 341, 342 , 324, 323, 506 of IPC and Sec. 3(1)(r), 3(2) (v-a) of SC/ST (POA) Act.

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

(3.) The case of the prosecution is that respondent No.2 filed a complaint on 16/4/2023 alleging that he is working as a Teacher in private aided Institute and he was promoted as Head Master, but the accused persons who are the President, Secretary and members of the Institution which run by the Trust and Management obstructed respondent No.2 from taking charge as Head Master. That on 7/1/2023, the complainant handed over the charge to accused No.10-Sunitha and came to Madikeri. One Jeethukumar who is the clerk of the said Institution instructed the complainant through Whatsapp to come to the meeting on 9/1/2023. Prior to that, he was also called on 8/1/2023 for pre-meeting discussion and when he reached there, these accused persons especially accused No.1 abused him in the filthy language taking the name of the caste and he said to be dragged the complainant to the room, locked the room, kicked and assaulted him. Once again, the accused No.10 also abused him stating that he is a low caste man and not eligible to sit as a Head Master and also threatened that they will file a POCSO case against him by obtaining complaint from any of the parents of the student. Then on 9/1/2023, they compelled him to accept that he has sexually assaulted a child and accused No.10 once again abused him by taking the caste name and others also joined and thrown him out. Thereafter, he came to know that a false case has been registered against him under POCSO act and after obtaining the anticipatory bail, he lodged the complaint. The Police after registering the case, trying to arrest the appellants, hence, they approached the Sessions Judge for anticipatory bail which came to be rejected. Hence, they are before this Court.