SHIVASHANKAR AMARANNAVAR
Rudresh – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT
Shivashankar Amarannavar, J. - This appeal has been filed by accused Nos. 1 to 20 challenging the order dated 04.07.2022 passed in Criminal Miscellaneous No. 503/2022 by the learned Principal District and Sessions Judge, Koppal, whereunder anticipatory bail petition of these appellants filed under Section 438 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.', for brevity) in Crime No. 159/2021 of Gangavathi Rural Police Station registered for the offences punishable under Sections 143, 147, 148, 323, 324, 354, 504, 506 read with Section 149 of the India Penal Code (hereinafter referred to as the 'IPC', for brevity) and Sections 3(1)(r), 3(1)(s), 3(1)(w), 3(2)(va) 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, learned counsel for respondent No. 2 and learned High Court Government Pleader for respondent No. 1/State.
3. The case of the prosecution is that, one Shanmukappa S/o. Kariyappa has filed the complaint stating that on 29.05.2022 at about 10.30 a.m., when Neelamma, Somanath, Deva
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....
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 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 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....
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.
The court established that anticipatory bail cannot be granted in cases where prima facie offences under the SC/ST (POA) Act are made out.
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 under the SC/ST (PoA) Amendment Act can be granted if allegations do not prima facie support the charges.
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.
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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