SIDDU SAHUKAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellants have filed this appeal under Sec. 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'the Act') praying to set aside the order dtd. 7/8/2023 in Criminal Miscellaneous No.1339 of 2023 passed by the II Additional District and Sessions Judge, Kalaburagi, and further to direct respondent No.1-Station Bazar Police, Kalaburagi, to enlarge the appellants on bail in the event of their arrest in Crime No.138 of 2023 registered for the offences punishable under Ss. 323, 504 and 506 read with Sec. 34 of the Indian Penal Code, 1860 and Ss. 3(1)(r) and 3(1)(s) of the Act.

(2.) Heard the arguments of the learned counsel for the appellants and the learned Additional State Public Prosecutor for respondent No.1-State.

(3.) The brief facts of the prosecution case are that, on 20/7/2023 at about 3:30 P.M., when the complainant was working in Gas Agency situated behind United Hospital at Kalaburagi, accused No.1 and three others came in a car, called the complainant and when the complainant went near the car, accused No.1 asked him to sit in the car to meet his grand-mother. Accordingly, the complainant boarded the car, at that time, accused No.1 slapped him and when the complainant enquired him as to why he slapped him, accused No.1 abused the complainant in filthy language, intentionally insulted him to provoke his breach of peace and he also enquired the complainant about the whereabouts of his parents. When the complainant showed his inability to say about the whereabouts of his parents, accused No.1 once again assaulted him with hands and also threatened to call his parents and inform them to cast their votes in their favour. Thus, the complainant lodged a complaint before the respondent-Police.