RAMACHANDRA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Accused Nos.1 and 2 in Crime No.57/2022 registered by the Srinivasapura Police Station, Kolar District, for offences punishable under Ss. 323, 324, 504, 506 read with Sec. 34 of the IPC and Ss. 3(1)(r), 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, (hereinafter referred to as 'the SC and ST (POA) Act', for short), have filed this appeal under Sec. 14-A(2) of the SC and ST (POA) Act seeking to enlarge the appellants on bail, in the event of their arrest in the case in Crime No.57/2022 of the Srinivasapura Police.

(2.) Brief facts of the case which are required for disposal of this appeal are, the complainant Srinivas P.N. lodged a complaint on 12/3/2022 before the Srinivasapura Police Station, Kolar District, alleging that on 10/3/2022 at about 12.00 noon when he was waiting for bus near Srirama Temple in his village, one Shri Shabari, S/o. Reddappa came there driving his luggage tempo. The complainant informed him to drive slowly and at that time, Appellant No.1 herein who was along with the said Shabari, abused the complainant mentioning his caste and thereafterwards also, assaulted him on his cheek. Accused No.2 who was also present along with Accused No.1, assaulted the complainant and pushed him down. Accused No.1 allegedly assaulted the complainant with a stone and thereby caused bleeding injuries on his ear and thereafterwards, the accused persons left the place threatening the complainant about dire consequences to his life. Immediately thereafterwards, the tempo driver Shabari and one Venkataravan took the complainant to the Government hospital at Srinivasapura. Thereafterwards, a complaint was lodged on 12/3/2022, based on which an FIR was registered in Crime No.58/2022 by Srinivasapura Police Station, Kolar District. Apprehending arrest in the said case, appellants had filed an application under Sec. 438 of the Cr.P.C. before the Court of the II Additional District and Sessions Judge, Kolar, in Criminal Misc.No.231/2022, which was dismissed by the said court on 30/3/2022. It is under these circumstances the appellants are before this Court seeking for grant of anticipatory bail.

(3.) Learned counsel for the appellants submits that there is a civil dispute between the parties and in respect of the incident that had taken place on 10/3/2022, there is a case and a counter case. He submits that in O.S.No.58/2022, there is an order of injunction against the complainant and his family members and therefore, in order to harass the appellants, a false case has been registered against them. He submits that there is a delay of 2 days in lodging the FIR. He also submits that even if the entire allegations made in the complaint are presumed to be proved, no case can be made out against the appellants for the offences under the SC and ST (POA) Act.