This appeal is filed by the appellant – accused No.1

under Section 14-A of Scheduled Caste and the Scheduled

Tribes (Prevention of Atrocities Act, 1989) (hereinafter

referred as ‘Special Act’), for setting aside the order of

dismissal of bail application, by the Special Court in

Crl.Misc.No.1197/2023 dated 30.08.2023.

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02. Heard the arguments of the learned counsel for

the appellant, the learned High Court Government Pleader

for the respondent No.1 – State and the learned counsel

for the respondent No.2. The learned counsel for the

respondent No.2 has also files statement of objections

along with some documents.

03. The case of the prosecution is that on the

complaint of the respondent No.2 the police has registered

the FIR on 18.07.2023, wherein it is alleged by him that

on 14.07.2023 he has received information from one

Mahendra s/o Bhimshya that on the said day himself, his

father Hanamant and his uncle Udayakumar are all went

to a Dhaba for taking food, where the accused Nos.1 and 2

also came there and sat on their side table. The very said

supplier is said to be supplied the food, at that time the

accused persons picked up quarrel stating that why these

people who belongs to the SC/ST caste came to the Dhaba

for eating food and abused them in filthy language. This

appellant said to be assaulted the father of the

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complainant with Soda Bottle on the head and caused the

injuries and also assaulted the Udayakumar the uncle of

the complainant. Immediately, they have shifted to the

Sindagi Hospital and thereafter to Vijayapura Hospital.

When he came to know the said fact, he went to the

Hospital and thereafter the complaint came to be filed.

After registering the FIR, the police have arrested these

accused on 29.07.2023 and they were remanded to the

judicial custody. His bail petition came to be rejected.

Hence, the appellant is before this Court.

04. The learned counsel for the appellant has

contended that the appellant is in judicial custody for

almost 04 months. The investigation is already completed

and the charge-sheet has been filed. There is a delay of 04

days in lodging the complaint. The appellant is presently

suffering from some medical emergency and he required

to take treatment in the Hospital. Hence, prayed for

allowing the appeal.

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05. Per

contra,

the

learned

counsel

for

the

respondent No.2 seriously objected the appeal and

contended that the injured still under Coma. The offence

committed is heinous one as per Sections 307 and 326 of

IPC. The victim though discharged from the Hospital,

however he is under Coma. The offence is also Special Act

and under Sections 307 and 326 of IPC. The Trial Court

has also rejected the bail petition of the accused No.2.

Hence, prayed for rejecting the appeal.

06. The learned High Court Government Pleader

also objected for allowing the appeal.

07. Having heard the arguments of both the parties

and perused the records, the points that would arise for

my consideration are as under:-

"Whether the order of the Trial Court call

for any interference and the appellant is

entitle for bail.?"

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08. On perusal of the FIR and the complaint, it

reveals that of course the complainant is not the

eyewitness, but he is the son of the injured – Hanamanth.

The complaint came to be filed on 18.07.2023, where the

incident has taken place on 14.07.2023. There is a delay

of 04 days in lodging the complaint. The statement of

objections filed by the respondent No.2 and the medical

records reveals that the injured was sustained head injury

due to the assault made by this appellant with the Soda

Bottle on the head and he was undergone more than 02

surgeries, but he was not recovered and now he is in stage

of Coma. In support of the contention the learned counsel

for the respondent No.2 has produced the medical

certificate of the injured issued by the Vijayapura

Government Hospital, wherein it was mentioned that there

are various injuries sustained by the injured on