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SHIVASHANKAR AMARANNAVAR
Suresh R – Appellant
Versus
State of Karnataka – Respondent
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/ac
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The court affirmed that references to repealed penal provisions must be interpreted as references to their re-enacted counterparts, ensuring the applicability of the SC/ST Act.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.
Anticipatory bail can be granted if no prima facie case is established, and the bar under Section 18 of the Atrocity Act does not apply without substantiated allegations.
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