SOOPI IMTHIYAS K. A. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal filed by the appellant under Sec. 14- A(2) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, for setting aside the order of dismissal of the bail petition filed under Sec. 438 of Cr.P.C., passed on 1/4/2023 by the V Additional District and Sessions Judge, D.K., Mangaluru, sitting at Puttur, Dakshina Kannada, in Criminal. Misc. No.5064/2023.

(2.) Heard the arguments of learned counsel for appellant and the learned High Court Government Pleader respondent-State. Respondent No.2 served and unrepresented.

(3.) The case of prosecution is that on the complaint of respondent No.2 filed on 15/4/2022, the police registered the case. It was alleged by the complainant- respondent No.2 in the complaint that he was working in a petrol bunk as a security. That, on 14/4/2022 at 9.45 p.m., when he was in the petrol bunk, the appellant- accused came and asked the complainant to come out side of the petrol bunk and asked him as to who removed the stone put by him in the drainage and abused the complainant in filthy language by taking caste and insulted him. After registering FIR, the police tried to arrest the appellant, but not able to found and therefore, they filed charge sheet by showing the appellant-accused as absconding. The appellant-accused approached the trial Court by filing a petition for anticipatory bail, which came to be dismissed. Hence, he is before this Court.