K. SACHIN Vs. STATE

JUDGEMENT

(1.) Heard learned counsel for the appellants, learned High Court Government Pleader for the respondent No.1-State and respondent No.2 though served is unrepresented.

(2.) The factual matrix of the case of the prosecution is that there was an incident earlier between two villagers and in that connection on 1/3/2025 at about 10.00 p.m., they went with an intention to pacify the galata, at that time, the accused persons suddenly came with club and started assaulting the complainant and abused them in filthy language and they made attempt to escape from their clutches and this incident was witnessed by others. Thereafter, they took treatment in Chikkamagaluru Government Hospital. Hence, case was registered for the offence under Ss. 189(2), 19(2), 352, 118(1), 115(2), 351(2) and 190 of the Bharatiya Nyaya Sanhita (BNS), 2003 and Ss. 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

(3.) Learned counsel for the appellants brought to notice of this Court contents of the complaint which is placed on record as Annexure-B and also brought to notice of this Court that earlier there was an incident between two villagers and in that connection, they went to pacify the issue and incident has taken place and allegation against the appellants is that they assaulted with club and except making allegation that they abused in filthy language, no allegation that they took the caste name with an intention to humiliate the complainant party in the presence of the general public. Hence, Ss. 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 not attracts. Learned counsel would submit that accused Nos.1, 3 and 7 have already been granted bail and the Trial Court rejected the bail petition of these appellants and while rejecting the bail petition of these appellants, it is observed that there is no reason to doubt the FIR and incident happened and also held that there is a bar under Sec. 18A of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and no reason is assigned as to how it attracts the special provision and nothing is discussed in this regard. Hence, the appellants are entitled for anticipatory bail.