ADDI BOLLURU Vs. STATE OF KARNATAKA

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. 438 of Cr.P.C passed by the II Additional District and Sessions Judge, Dakshina Kannada, Mangalore (for short 'trial Court') in Crl.Misc.No.232/2023.

(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 Smt. Sumithra i.e., respondent No.2 herein before the Mulki police on 10/3/2023 alleging that on 7/3/2023 at about 1.52 p.m, the accused being a neighbour of the complainant made a phone call to the complainant and abused her in a filthy language by taking the name of her caste with his wife, blaming that he will not leave her and threatened to commit murder. Therefore, respondent No.2 lodged the complaint against the appellant with the police. The police registered the FIR against the appellant for the offences, which is punishable under Ss. 504 and 506 of IPC and under Sec. 3(1)(r) of the SC/ST (POA) Act. Hence, the appellant approached the trial Court for granting anticipatory bail. The trial Court vide impugned order dtd. 30/3/2023 dismissed the application filed under Sec. 438 of Cr.P.C. Hence, the appellant is before this Court by way of appeal.