This

appeal

is

filed

by

accused

No.16

challenging the order dated 20.07.2022 passed in

Criminal

Miscellaneous

No.625/2022

by

the

Principal District and Sessions Judge, Koppal,

whereunder, the anticipatory bail petition filed by

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this appellant/accused No.16 in respect of Crime

No.115/2022 of Gangavathi Rural Police Station

registered

for

the

offences

punishable

under

Sections 143, 147, 148, 341, 323, 354, 447, 504,

506 read with Section 149 of the Indian Penal

Code (hereinafter referred to as 8IPC9, for brevity),

Section

3(1)(r),

3(1)(s)

and

3(2)(va)

of

the

Scheduled

Castes

and

Scheduled

Tribes

(Prevention of Atrocities) Act, 1989 (hereinafter

referred to as 8SC & ST (POA) Act9, for brevity)

came to be rejected.

Heard learned counsel for the appellant

and learned High Court Government Pleader for

respondent No.1/State. Inspite of service of

notice, respondent No.2 remained absent and

unrepresented.

3.

The case of the prosecution is that, one

Smt.

Shivalingamma

has

filed

the

complaint

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stating that land bearing Sy.No.189/*/1 measuring

1 acre 2 guntas is standing in the name of her

husband and they are cultivating it. It is further

stated that on 08.04.2022 at 9.00 a.m. when the

complainant and her husband had been to water

paddy

fields

in

the

aforesaid

land,

the

appellant/accused

No.16

along

with

19

other

accused formed unlawful assembly and obstructed

them to water paddy fields during which the

complainant made a request to not to obstruct

them stating that neither the accused persons

have any authority over the land nor are their

lands adjacent to the complainant9s and that their

paddy would dry up if not watered in time. It is

further stated that accused No.1 abused her and

stated that her land is adjoining main road which

surges the value of land and hence he and his

family members under the leadership of accused

No.20 would expel the complainant from her

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possession of the land and for this reason two

false cases have been lodged by virtue of political

influence of accused No.2 and despite of which the

complainant is abstaining herself from discharging

the possessions of the land and further gave life

threat. It is further stated that this appellant

abused the complainant touching her caste and

slapped her to insult her in the public. It is

further stated that the appellant and accused No.1

pulled her saree and rest of the accused persons

have assaulted her and when her husband came to

rescue her, accused No.20 has provoked the rest

of

the

accused

persons

to

assault

the

complainant9s husband, as a result they began

assaulting the complainant9s husband, at that time

the complainant and her husband ran away from

the

spot.

The

said

complaint

came

to

be

registered in Crime No.115/2022 of Gangavathi

Rural Police Station for the aforesaid offences.

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The Police after completing the investigation has

filed the charge sheet against accused Nos.1 to 20.

The charge sheet has been filed against the

appellant/accused

No.16

for

the

offences

punishable under Sections 143, 147, 447, 341,

354, 504, 506 read with Section 149 of IPC and

Sections 3(1)(r), 3(1)(s), 3(1)(w) and 3(2)(va) of

SC and ST (POA) Act. The appellant/accused

No.16 apprehending his arrest has filed Criminal

Miscellaneous No.625/2022 along with accused

Nos.1 to 8, 12 to 15 and 20 seeking anticipatory

bail and the same came to be rejected so far as

this appellant/accused No.16 is concerned by the

Principal District and Sessions Judge, Belagavi by

order dated 20.07.2022 and allowed so far as

accused

Nos.1

to

8,

12

to

15

and

20

are

concerned.

The

appellant/accused

No.16

has

challenged the said order in the instant appeal.

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4.

Learned counsel for the appellant would

contend that the complaint is politically motivated,

the averments made in the complaint are false. It

is only to harass this appellant the said complaint

has been filed. No injury has been sustained by

this complainant and her husband. The Special

Court without considering all