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.

JUDGMENT :

Mr. Shivashankar Amarannavar, J. - Appellant Nos.1 to 3/Accused Nos.1 to 3 have filed this appeal praying to set-aside the order dated 30.06.2023 passed in Crl.Misc.No.4401/2023, by the LXX Additional City Civil and Sessions Judge and Special Judge, Bengaluru (CCH-71), where under, the anticipatory bail petition of the appellants sought in respect of Crime No.149/2023 of Kengeri Police Station for the offences under Sections 3 23 , 324, 341, 448, 504 and 506 r/w Section 3 4 of the INDIAN PENAL CODE , 1860 (for short hereinafter referred to as 'IPC') and Sections 3 (1)(r) and 3(1)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short hereinafter referred to as "the Act"), came to be rejected.

2. Heard the arguments of learned counsel appearing for the appellants, learned High Court Government Pleader for respondent No.1 - State and respondent No.2/party-in-person.

3. Case of the prosecution is that; respondent No.2 has filed a complaint stating that he is residing in Flat No.404 of Kailasha Apartment, Kengeri and he belongs to Adi-Karnataka community and in the same apartment in the 5th floor in Flat No.504, the appellants/accused Nos.1 to 3 are residing. In the complaint, it is stated that on 02.05.2023 at about 11.20 pm, the complainant heard the sound of hitting with hammer from the house of the appellant No.1 - accused No.1. He came out of the house and standing in the balcony, told accused No.1 not to make noise as it causes trouble to them and asked them to stop the same and went inside the house and closed the door. After 2-3 minutes, he heard knocking sound of his door. When he opened the door, he saw accused Nos.1 to 3 and they abused him in filthy words, entered his house, assaulted with hands and legs and therefore, in order to protect himself, he took mudde stick which was in his house and accused No.1 snatched the same and assaulted with it on his left hand, fingers, on his back, right knee and he fell on the floor. At that time, accused No.2 kicked him and pulled his knicker and accused No.3 also kicked him. At that time, his wife who was sleeping woke up and came for his help and at that time, accused No.1 assaulted on her head with the mudde stick and also on her thigh and accused Nos.2 and 3 have abused his wife in filthy language and accused Nos.2 and 3 held him and restrained him from helping his wife and they gave life threat and at that time, accused No.3 has recorded the incident in her mobile. Thereafter, he and his wife took treatment in Shreya Hospital, Kengeri.

4. The said complaint came to be registered in Crime No.149/2023 for the aforesaid offences. The appellants who were arrayed as accused Nos.1 to 3 in FIR, apprehending their arrest filed Crl.Misc.No.4401/2023 seeking anticipatory bail and the same came to be rejected by the impugned order dated 30.06.2023 which is challenged in this appeal.

5. Learned counsel for the appellants would contend that there is no allegation in the complaint that the offences have been committed on the ground that respondent No.2 - complainant belongs to Scheduled Caste. There is no allegation in the averment of the complaint that the appellants abused him touching his caste. The complainant is in the habit of filing the complaints under the provisions of the Act and making the claim for compensation. The complainant is a chronic litigant and he has not paid the maintenance charges of the Society.

6. Learned counsel for the appellant placed reliance on two decisions of the Hon'ble Apex Court, in the case of Khuman Singh v. State of