The main legal point established is that without a prima facie case, a petition for anticipatory bail can be entertained, and the potential impact on the investigation and witnesses should be considered.

JUDGMENT

Shivashankar Amarannavar, J. - This appeal has been filed by accused Nos. 2, 3, 4 and 5 challenging the order dated 15.09.2022 passed in Criminal Miscellaneous No. 531/2022 by the II Additional District and Sessions Judge, Bagalkote, whereunder the anticipatory bail petition of the appellants/accused Nos. 2, 3, 4 and 5 in respect of Crime No. 154/2022 of Bagalkote Rural Police Station registered for the offences punishable under Sections 143, 147, 148, 323, 324, 504, 506 read with Section 149 of the Indian Penal Code (hereinafter referred to as 'IPC', for brevity) and Sections 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'SC & ST (POA) Act', for brevity), came to be rejected.

2. Heard learned counsel for the appellants and learned High Court Government Pleader for respondent No. 1/State. Inspite of service of notice, respondent No. 2 remained absent and unrepresented.

3. The case of the prosecution is that, respondent No. 2 has filed the complaint stating that he is resident of Bodnayakandinni village of Bagalkote Taluk, that on 04.09.2022 at about 6.00 p.m. near bus stand on 5th day immersion of Ganesh idol a pooja was offered and auction of Ganesh pooja items like fruits etc., was conducted in which respondent No. 2 has participated. At that time accused No. 1 abused him in filthy language, on questioning by the respondent No. 2 again accused No. 1 abused him taking his caste. It is further stated that on 05.09.2022 accused No. 1 called the father of respondent No. 2 to his house and asked him to advise his son and also abused and threatened to his father. When he is ready to go to Bagalkote at that time his father came and informed him that accused No. 1 asked him to advise him and also threatened him, by that time all other accused came there and caught hold respondent No. 2 and assaulted and abused him in filthy language touching his caste. The said complaint came to be registered in Crime No. 154/2022 of Bagalkote Rural Police Station for the offences punishable under Sections 143, 147, 148, 323, 324, 504, 506 read with Section 149 of IPC and Sections 3(1)(r)(s) of SC and ST (POA) Act. Accused Nos. 1 to 7 apprehending their arrest filed Criminal Miscellaneous No. 531/2022 seeking anticipatory bail and the same came to be rejected by the II Additional District and Sessions Judge, Bagalkote by order dated 15.09.2022. Therefore, appellants/accused Nos. 2, 3, 4 and 5 have challenged the said order in the instant appeal.

4. Learned counsel for the appellants /accused Nos. 2, 3, 4 and 5 would contend that there are no specific allegations against these appellants to attract the offences alleged against them. It is his further submission that the allegations made against these appellants are omnibus allegations. There are no specific overt acts against each of the appellants in the complaint. Accused No. 1 has also filed the complaint against the complainant and it is registered in Crime No. 155/2022 of Bagalkote Rural Police Station for the offences punishable under Sections 143, 147, 148, 323, 324, 326, 307, 504 read with Section 149 of IPC. It is his further submission that as no prima facie case is made out for the offence punishable under Section 3 of SC and ST (POA) Act, the bar contained under Section 18 of SC and ST (POA) Act is not attracted. It is his further submission that without considering all these aspects, the learned Sessions/Special Judge has passed the impugned order which requires interference by this Court. With this, he prayed to allow the appeal.

5. Per contra, learned High Court Government Pleader would contend that the investigation is still in progress. The alleged incident occurred near bus stand which is a public place. The appellants abused the complainant touching his caste, assaulted him with hands and legs and caused injuries. The Investigating Officer has recorded the statements of eyewitnesses. Considering all thes