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SHIVASHANKAR AMARANNAVAR
Laxman – Appellant
Versus
State of Karnataka – Respondent
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 Gane
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 conside....
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....
A complaint must allege that offenses were based on caste discrimination to invoke protections under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
Anticipatory bail under the SC/ST (PoA) Amendment Act can be granted if allegations do not prima facie support the charges.
Section 18 bar on anticipatory bail under SC/ST Act applies only where prima facie offence of caste-based humiliation in public view established; absent specific allegations against family members, b....
The court found that allegations under SC/ST (POA) Act were dubious as two accused belonged to the Scheduled Caste, allowing anticipatory bail.
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 involving allegations under the SC and ST (POA) Act, the court must carefully consider the evidence and circumstances, including the presence of civi....
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