KURUBARA VEERESHAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Appellant-accused feeling aggrieved by rejection of anticipatory bail petition filed under Sec. 438 of Cr.P.C. on the file of I Addl. District and Sessions Judge, Ballari, in Crl.Misc.97/2023, dtd. 1/3/2023, preferred this appeal.

(2.) Parties to the appeal are referred with their ranks as assigned in the trial Court for the sake of convenience.

(3.) The factual matrix leading to the case of prosecution can be stated in nutshell to the effect that on 27/1/2023 at about 6.30 p.m. while complainant was returning after walking near Government School of Andral Village Auto stand there was quarrel between Sri.Y.B.Govind and Kurubar Beerappa. Complainant spoke to Sri.Y.B.Govind and went to his house. On 28/1/2023 at 4.30 p.m. while complainant was returning after walking near Government School of D.C. Compound, Andral village, accused, who is son-in-law of Kurubar Beerappa abused the complainant in filthy language by taking his caste on the pretext that he is supporting Sri.Y.B.Govind. On complainant questioning as to why he is abusing by taking caste, accused being enraged of the same, by means of bear bottle in his hand, assaulted over the head of complainant, thereby causing bleeding injury. The known persons of complainant i.e. Premkumar S/o Kollarappa, Narasimh S/o Parashuram, Suresh S/o Honnaswami @ Isagiri pacified quarrel and accused went away from the place by threatening to kill him. On these allegations made in the complaint case was registered in APMC Yard P.S Crime No.5/2023 for the offence punishable under Ss. 324, 504, 506 and Ss. 3(1) (r), 3(1)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (for short 'the Act').