The State has preferred this appeal, praying to

set-aside

the

order

dated

07.07.2021

passed

in

Crl.Misc.No.5189/2021 by the II Additional District and

Sessions Judge, Kodagu – Madikeri, sitting at Virajpet and

cancel the bail.

Heard learned High Court Government Pleader for the

appellant - State.

3.

Respondent

Nos.1

and

2

remained

absent

and

un-represented.

4.

Respondent No.1 is accused No.1 in Crime No.23/2021

of Srimangala Police Station, registered for the offences

under Sections 143, 144, 147, 148, 323, 324, 341 r/w

- 3 -

Section 149 of IPC and Sections 3(1)(r), 3(1)(s) and

3(2)(va) of the Scheduled Castes and the Scheduled Tribes

(Prevention of Atrocities) Act, 1989 (for short hereinafter

referred to as “the Act”).

5.

Respondent No.1 – accused No.1 apprehending his

arrest, filed Crl.Misc.No.5189/2021 under Section 438 of

Cr.P.C., seeking anticipatory bail in Crime No.23/2021 of the

Srimangala Police Station. The said petition came to be

allowed by the impugned order dated 07.07.2021 and

respondent No.1 has been granted anticipatory bail with

conditions.

6.

Aggrieved by the said order, the State is in appeal.

7.

Learned High Court Government Pleader would contend

that the averments made in the complaint would clearly

attracts the offences under Section 3 of the Act. Therefore,

in view of the bar contained under Section 18 of the Act, the

petition under Section 438 of Cr.P.C., cannot be entertained.

- 4 -

8.

In view of the said contention, it is to be ascertained as

to, whether the averments of the complaint attracts the

offences under Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the

Act. They read thus;

3. Punishments for offences of atrocities.-

(1) Whoever, not being a member of a Scheduled Caste

or a Scheduled Tribe,-

xxxx

xxxx

(r) intentionally insults or intimidates with

intent to humiliate a member of a Scheduled

Caste or a Scheduled Tribe in any place

within public view;

(s) abuses any member of a Scheduled Caste

or a Scheduled Tribe by caste name in any

place within public view;

3(2) Whoever, not being a member of a Schedule Caste

or Scheduled Tribe,-

xxxx

xxxx

(va) commits any offence specified in the

Schedule, against a person or property,

knowing that such person is a member of a

- 5 -

Scheduled Caste or a Scheduled Tribe or such

property belongs to such member shall be

punishable with such punishment as specified

under the Indian Penal Code (45 of 1860) for

such offences and shall also be liable to fine;)

9.

In the complaint, it is stated that when the complainant

along with his neighbours after finishing his work at about

4.30 pm., coming near Bellur Godown, at that time,

respondent No.1 – accuse No.1 – Sri.Narendra with regard

to the matter pertaining to a girl, stopped him, abused him

touching his caste and slapped him on his neck and the

persons who were along with the complainant came to

rescue him and at that time, the persons along with accused

No.1 ie., accused Nos.2 to 10 and others assaulted him with

hands and clubs and also assaulted the persons who came to

rescue him. The words of abuse used by respondent No.1 –

accused No.1 are “K£ÉÆà ºÉƯÉAiÀÄ ¸ÀƼÉêÀÄUÀ£É EµÀÄÖ CºÀAPÁgÀ §AzÀÄ

¸ÁAiÀÄÄwÛÃAiÀiÁ”.

10.

The said incident has taken place in the public place,

in the presence of the persons who were with the

- 6 -

complainant. The said abused words used by respondent

No.1 – accused No.1 clearly attracts the offences under

Sections 3(1)(r) and 3(1)(s) of the Act. The offences alleged

against accused No.1 and others ie., Sections 143, 147, 148,

323, 324 and 341 of IPC are in the Schedule of the Act. The

averments in the complaint reveal that respondent No.1 and

other accused assaulted the complainant and the persons

who were along with him, with hands and club and caused

pain. Therefore, it is alleged against respondent No.1 that

he has committed the offences contained in the Schedule of

the Act, against the complainant who is belon