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 cases for the alleged offences.

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, Devamma, Durugappa and Shekarappa were feeding cattle in their cattle shed, at that time 25 persons came there by forming an unlawful assembly by holding deadly weapons like clubs, stone, iron rod with an intention to commit murder and assaulted Somanath and Neelamma and dragged Neelamma by holding her saree and torn her blouse with an intention to outrage her modesty and abused them in filthy language and also abused them by touching their caste. At that time, the complainant tried to pacify the said quarrel, all the accused persons abused him by touching his caste and also gave threat to his life with dire consequences. The said complaint came to be registered in Crime No. 159/2022 of Gangavathi Rural Police Station for the aforesaid offences. The appellants along with accused Nos. 23, 24 and 25 have filed petition under Section 438 of Cr.P.C. in Criminal Miscellaneous no. 503/2022 seeking anticipatory bail, which came to be rejected so far as these appellants are concerned by order dated 04.07.2022 and so far as accused Nos. 23, 24 and 25 are granted anticipatory bail by the said order. The appellants have challenged the said order dated 04.07.2022 in the present appeal.

4. Learned counsel for the appellants would contend that the complainant is the only intervener in the quarrel between the appellants and others. It is his further submission that there are no specific overt acts alleged against each of the accused Nos. 1 to 20 in the averments of the complaint. There are only allegations against the appellants that they abused the complainant and others touching their caste. There are no specific allegations against each of the accused Nos. 1 to 20 abusing the complainant and others with the same words touching their caste. The learned Sessions/Special Court without considering all these aspects passed the impugned order which requires interference by this Court. With this, he prayed to allow the appeal.

5. Learned counsel for respondent No. 2 would contend that there is omnibus allegation of touching a women belongs to SC & ST caste by the accused persons which attracts Section 3(1)(w) of SC & ST (POA) Act. In the complaint there is a specific allegation of abusing and touching the caste of the complainant and others by accused persons which attracts the offence alleged against them. The learned Sessions/Special Court taking into consideration the said aspect has rightly rejected the petition seeking anticipatory bail by the impugned order which does not call for any interference by this Court. With this, he prayed to dismiss the appeal.

6. Per contra, learned High Court Government Pleader would contend that the investigation is still in progress, charge sheet yet to be filed and each of the specific allegations as against accused Nos. 1 to 20 are requ