LINGARAJU S. K. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal filed by the appellant under Sec. 14 (A)(2) of SC/ST (Prevention of Atrocities) Act, 1989 (herein after referred as Special Act ) for setting aside the Order passed by the Special Court dtd. 15/3/2023 in Crl.Misc.No. 1941/2023 for having dismissed the bail application filed under Sec. 438 of Cr.P.C arising out of Crime.No.0042/2023 for the offences punishable under Sec. 504 , 506 of IPC and also under Sec. 3(1)(r) , 3(1)(s) of the Special Act registered by Madiwala police.

(2.) Heard the learned counsel for appellants, learned HCGP and learned counsel for respondent No.2.

(3.) The case of the prosecution is that on complaint of respondent No.2 dtd. 20/2/2023 to the police alleging that the appellant and his companion who used to do the social work, they said to have misbehaved with lady folks in that area. Therefore, the complainant received some oral complaint from those who were the affected people. Later, the complainant himself along with others advised the appellant not to trouble the ladies. On the background, the appellant came and abused the complainant and also his wife and children, in filthy language by taking the name of the caste. Even on 12/2/2023 midnight he has sent WhatsApp voice record message by using abusive and filthy language. Thereafter, he requested the elders of that area on 14/2/2023 at about 10 a.m., in the presence of so many elders, once again the appellant abused and insulted the complainant by taking the name of the caste and threatened to commit murder. After registering FIR, the police tried to arrest the appellant. Hence, he has approached the Special judge for granting anticipatory bail which came to be rejected. Hence the appellant is before this court.