SYED HUSSAIN Vs. STATE

JUDGEMENT

(1.) This appeal is filed by the appellant-accused No.1 under Sec. 14-A(2) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'SC/ST (POA) Act') to set aside the order of dismissal of the bail application filed under Sec. 439 of Cr.P.C passed by the I Additional District and Sessions Judge, Chikkamagaluru (for short 'trial Court') in Crime No.72/2023.

(2.) Heard the arguments of learned counsel for the appellant, learned High Court Government Pleader for respondent No.1-State. Respondent No.2 served but unrepresented.

(3.) The case of the prosecution is that the complaint was filed by Sri. Manjuprasad i.e., respondent No.2 herein before the Aldur police on 20/4/2023 alleging that accused Nos.1 and 2 being the neighbors started abusing the complainant as said to be left the dog near their house. When he questioned the same on 19/4/2023 at about 10.00 p.m, the accused-present appellant and another accused No.2 abused the complainant in filthy language and with an intention to commit murder they assaulted on the complainant and his father on their head with club and caused injuries. Then one Suri and Madhu shifted them to the hospital. Accordingly, complaint came to be filed and the appellant was arrested on 20/4/2023 and remanded to judicial custody. The police registered the FIR against the appellants for the non-bailable offences, which is punishable under Ss. 504, 324, 307 , 506 read with Sec. 34 of IPC and under Ss. 3(1)(r)(s)(2)(va) of the SC/ ST Act . Hence, the appellant No.1 approached the trial Court for granting bail. The trial Court vide impugned order dtd. 11/5/2023 dismissed the application filed under Sec. 439 of Cr.P.C. Hence, the appellant No.1 is before this Court by way of appeal.