SHIVAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal filed by the de-facto complainant under Sec. 14A (1) (2) of SC/ST Prevention of Atrocities Act, 2015 (herein after referred as Special Act ) for setting aside the impugned order dtd. 9/1/2023 passed by the II Additional District and Sessions Judge, Bengaluru, Rural District, Bengaluru in Clr.Misc.No.2370/2022 for having granted anticipatory bail to the respondent Nos.2 to 4 herein/accused Nos.1 to 3 respectively.

(2.) Heard the arguments of learned counsel for appellant and learned counsel for respondent Nos.2 to 4 and learned HCGP for the State.

(3.) The case of the appellant is that the appellant filed a complaint to the Byadarahalli police station on 15/11/2022, the police without registering the FIR obtained one more complaint on 22/11/2022 and registered the FIR against the respondent No.2 to 4 for the offence punishable under Ss. 3 (1)(r)(s) of SC/ST (POA) Act (herein after referred as Act) read with Ss. 354(B) , 506 , 34 , 504 , 323 , 327 of IPC alleging that she is vending flower on the road near the Jodi Muneshwara temple in a small shop and the accused persons also said to be running the flower vending shop by the side of the appellant. That on 15/11/2022 at 11 a.m., the respondent Nos.2 to 4 came near the shop of the complainant and abused her in filthy language by taking the caste name stating that she should not run the flower vending business near to that area as she belongs to low caste. Therefore, when she questioned the same, the accused persons said to have assaulted her and kicked her on the stomach. They threatened her with criminal intimidation and they torn the cloth of the complainant and snatched the golden 'Thali chain' weighing about 50 gms, hence she filed the complaint. After registering the FIR, the respondent Nos.2 to 4 approached the special court for granting anticipatory bail, which came to be allowed by impugned order dtd. 9/1/2023 which is under challenge.