MAHESHA Vs. STATE

JUDGEMENT

(1.) This appeal is filed by the appellants-accused Nos.1, 2, 4 and 5 praying to set aside the order dtd. 22/4/2024 passed in Crl.Misc.No.372/2024 by the Additional District and Sessions Judge at Hassan, whereunder, anticipatory bail petition of these appellants sought in respect of Crime No.15/2024 of Holenarasipura Town Police Station for the offences punishable under Sec. , 354, 323, 504 and 149 of IPC read with Ss. 3(2)(v-a), 3(1)(r)(s) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short "1989 Act") came to be rejected.

(2.) Heard learned counsel for the appellants and learned High Court Government Pleader for Respondent No.1. Respondent No.2 is present before the Court and prays not to grant anticipatory bail to the appellants.

(3.) The case of the prosecution is that, on 21/1/2024 at about 12.30 noon, when one Ranga and Durgamma were proceeding in a motorbike the tractor driven by accused No.5 Suresh @ Tunga has dashed to the motorbike rode by Ranga resulting into accident and injuries to rider and pillion rider of the motorbike. The injured Ranga was shifted to Government Hospital at Holenarasipura in the motorbike belongs to C.W.4. C.W.2-Manjappa came to the place of accident and telephoned to the ambulance and was waiting for the ambulance to shift his injured wife-Durgamma to the Hospital. At that time, accused Nos.1 to 5 who belonged to upper caste came to the place of occurrence and tried to shift the injured Durgamma in their Car to the Hospital. But, C.W.2-Manjappa refused to send his wife to hospital in the car of accused persons. The accused persons abused C.W.2-Manjappa who belongs to Scheduled Caste in the name of his caste and insulted and assaulted him with hands and caused injuries. When C.W.3 Ramachandra who also belongs to scheduled caste tried to intervene, the accused persons also assaulted him with hands. When C.W.1-Manjula questioned the accused persons who assaulted her husband, the accused persons abused C.W.1 by taking her caste and insulted her and assaulted her with hands and dragged her with an intention to outrage her modesty. In that regard, C.W.1- Manjula filed a complaint. The police after investigation laid charge sheet against accused Nos.1 to 5 for the offences under Ss. 504, 323, 354, 324 and 149 of IPC and under Ss. 3(1)(r)(s) and 3(2)(v-a) of the SC and ST (Prevention of Atrocities) Act, 1989. The appellants/accused Nos.1, 2, 4 and 5 apprehending their arrest filed Crl.Misc.No.372/2024 seeking anticipatory bail and the same came to be rejected by the impugned order.