S.VISHWAJITH SHETTY
Ramachandra – Appellant
Versus
State Of Karnataka – Respondent
JUDGMENT :
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 wh
The main legal point established is that in cases involving allegations under the SC and ST (POA) Act, the court must carefully consider the evidence and circumstances, including the presence of civi....
Anticipatory bail under the SC/ST (PoA) Amendment Act can be granted if allegations do not prima facie support the charges.
The court found that allegations under SC/ST (POA) Act were dubious as two accused belonged to the Scheduled Caste, allowing anticipatory bail.
Anticipatory bail is barred under Section 18 of the SC/ST (POA) Act where prima facie offenses are established.
Anticipatory bail is barred under the SC/ST (POA) Act where prima facie evidence shows commission of non-bailable offenses.
The main legal point established in the judgment is the need for the court to consider relevant allegations and apply stringent conditions when granting anticipatory bail, especially in cases involvi....
Direction for same-day bail consideration post-surrender in SC/ST (POA) cases despite Section 18 bar.
The court established that anticipatory bail cannot be granted if prima facie evidence of offences under the SC/ST (POA) Act exists against the appellants.
The court ruled that allegations arising from personal disputes, lacking caste motivation, do not invoke the SC/ST (POA) Act protections.
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