JYOTI MULIMANI
Yamunappa – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT
Jyothi Mulimani, J. - Sri. B.C. Jaka, learned counsel for appellants and Sri. Sharanabasappa M. Patil, learned High Court Government Pleader for respondent No. 1 have appeared in-person.
2. Counsel for appellants is seeking to allow the appeal and direct the respondent No. 1 to enlarge the appellants/accused Nos. 1 and 2 on anticipatory bail in the event of their arrest in connection with Crime No. 161/2021 registered by the Kembhavi Police Station against the appellants for the offences punishable under Sections 338 & 504 R/W Section 34 of IPC and also under Sections 3(1)(r) & 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'SC/ST(POA) Act').
3. Sri. B.C. Jaka, learned counsel for appellants submits that the appellants are innocent of the allegations made against them by the complainant. The offences are not punishable with death or imprisonment of life. Next, he submitted that the appellants have nothing to do with the alleged offence directly or indirectly, as they have been falsely involved in order to cause harassment. A further submission is made that admittedly, the first appellant is also belongs to Scheduled Caste.
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....
The main legal point established is that in cases with omnibus allegations and lack of specific allegations against each accused, the court may grant anticipatory bail if there are no prima facie cas....
Anticipatory bail may be granted when allegations do not prima facie indicate offences under the SC/ST Act.
The main legal point established in the judgment is that the application for anticipatory bail under the SC ST Act can be entertained if the allegations in the FIR do not prima facie make out the bas....
The court established that anticipatory bail can be granted if no prima facie case exists under the SC/ST Act, based on judicial discretion and the specifics of the case.
Anticipatory bail under the SC/ST (PoA) Amendment Act can be granted if allegations do not prima facie support the charges.
Anticipatory bail can be granted if no prima facie case is established under the SC/ST Act, as per the ruling in Dr. Subhash Kashinath Mahajan v. State of Maharashtra.
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