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SHIVASHANKAR AMARANNAVAR
Suresh R – Appellant
Versus
State of Karnataka – Respondent
| Table of Content |
|---|
| 1. introduction of the case and factual background. (Para 1) |
| 2. details of the complaint and incident (Para 3 , 4) |
| 3. arguments against applicability of the act (Para 5 , 6 , 7) |
| 4. arguments supporting allegations under the act (Para 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 5. court's examination of complaint allegations (Para 15 , 16) |
| 6. conclusion and orders regarding bail (Para 17) |
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
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.
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The court affirmed that references to repealed penal provisions must be interpreted as references to their re-enacted counterparts, ensuring the applicability of the SC/ST Act.
The court emphasized that the fact of taking cognizance or filing of a charge sheet is not by itself a bar against the grant of anticipatory bail, and insults or intimidations to a person will not be....
The central legal point established in the judgment is the proper interpretation and application of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocity) Act, 1989, particularly in relatio....
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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