YALLAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD the learned Counsel for the petitioners and the learned Addl. State Public Prosecutor for the respondent - State. Perused the records.

(2.) THE petitioners have approached this Court for grant of anticipatory bail u/s.438 of Cr.PC in connection with Crime No.284/2013 registered against them for the offence punishable under Sections 324, 506, 504 read with Section 34 of IPC and also for the offence punishable under Section 3(1)(x) of the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'Act' for short) making allegations that on 16.12.2013 at about 7.30 a.m. when the complainant was near a public tap at Nagaral village, Bagalkot Taluk, at that time, the accused came there, abused the complainant in filthy language, particularly by taking his caste name, pulled him and assaulted him with a stone. The petitioners have approached the Sessions Court in Crl.Mis.618/2013 seeking anticipatory bail. The said application came to be rejected by the Sessions Judge mainly on the ground that there is a statutory bar u/s.18 of the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, which debars the court from granting anticipatory bail. Now, the question that arises for consideration of this court is:

(3.) THE learned Counsel for the petitioner relied upon a ruling in the case of N.B. Bungarakoppa and Others Vs. State of Karnataka, 2002 ILR(Kar) 3308 wherein this court had occasion to deal with Section 18 of the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act and also u/s.438 of Cr.PC. The Court has mainly concentrated as to whether the Sessions Court has also got jurisdiction to entertain the petition u/s.438 of Cr.PC. Ultimately, it was held that the Sessions Court has also got jurisdiction to entertain the petition. But in this case the only question remains for consideration is that on overall analysis of the entire materials on record, whether powers u/s.438 of Cr.PC can be exercised or bar u/s.18 is attracted is to be looked into. Section 18 of the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act reads as follows: