The accused No.1 to 3 have filed this appeal praying to

set aside the Order dated 03.09.2021 passed in Crl.Misc.

No.569/2021 by learned I Addl. Sessions and Spl. Judge,

Chikkamagaluru, wherein anticipatory bail petition filed by the

appellants in respect of Crime No.113/2021 of Tarikere Town

Police Station registered for the offences punishable under

Sections 324, 323, 352, 504, 506 read with Section 34 of IPC

and Section 3(1)(r), 3(1)(s), 3(2)(va) of Scheduled Castes and

Scheduled Tribes (Prevention of Atrocities) Act, 1989, came to

be rejected.

Heard learned counsel for the appellants and learned

HCGP for respondent No.1. In spite of service of notice,

respondent No.2 has remained absent and unrepresented.

The case of the prosecution is that on 10.05.2021, at

about 10.00 a.m. when respondent - complainant was working

in a land bearing Sy. No.1 of M.C. Halli, the accused persons

who are adjacent land owners suddenly trespassed into his

land, abused him in filthy language by taking name of his caste

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and assaulted him with a club on his back and thigh. When the

complainant questioned their act, the accused persons told that

the said land belongs to them. When the complainant told that

the said land belongs to him, the accused persons assaulted

the complainant by hands on his cheek and back. Then the

accused persons gagged cloth into the mouth of the

complainant by saying if he is left alive, it would be problem to

them and left their dog and there is a dog bite on the left hand

and left leg of the complainant.

4.

The said complaint came to be registered in Tarikere

Town Police Station Crime No. 113/2021 against these

appellants - accused Nos.1 to 3 for offence under Sections 324,

323, 352, 504, 506 read with Section 34 of IPC and Section

3(1)(r), 3(1)(s), 3(2)(va) of Scheduled Castes and Scheduled

Tribes (Prevention of Atrocities) Act, 1989.

5.

The police after completing the investigation filed the

charge-sheet against these appellants - accused No.1 to 3 for

offences under Sections 447, 323, 324, 504, 506, 34 of IPC

read with Section 3(1)(r), 3(1)(s), 3(2)(va) of Scheduled

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Castes and Scheduled Tribes (Prevention of Atrocities) Act,

1989.

6.

The appellants / accused No.1 to 3, apprehending their

arrest, filed Crl.Misc. No.569/2021 seeking anticipatory bail and

the same came to be rejected by I Addl. Sessions and Spl.

Judge, Chikkamagaluru by Order dated 03.09.2021. The said

Order is challenged in this appeal.

7.

Learned counsel for the appellants would contend that a

false complaint came to be lodged against the appellants as

there is a civil dispute pending in O.S. No.107/2018, filed by

wife of accused No.1, and accused No.2 against elder sister of

respondent No.2 and elder sister's son of respondent No.2. He

contends that the averments of the complaint do not reveal

presence of any other third party on the spot at the time of

incident and therefore offence under Section Section 3(1)(r),

3(1)(s), 3(2)(va) of Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act, is not attracted. As the charge-

sheet is filed, the appellants are not required for custodial

interrogation. The offences alleged against the appellants are

not punishable with death or imprisonment for life. With this,

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he prayed to allow the appeal and grant anticipatory bail to the

appellants.

8.

Per contra, learned High Court Government Pleader would

contend that charge-sheet came to be filed on 11.08.2021 and

these appellants were shown as absconding in the charge-

sheet. The Trial Court issued non bailable warrant against

them and therefore they are not entitled for anticipatory bail.

There is a prima facie case against the appellants for the

offences alleged against them. There is a bar under Section 18

of the Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities) Act, 1989. Considering all these aspects, learned I

Addl. Sessions and Spl. Judge, Chikkamagaluru, has passed the

impugned order which do