Criminal Appeal No.100578/2022 is filed by

accused No.2 and Criminal Appeal No.100573/2022

is filed by accused Nos.3, 5, 9 and 10. Both the

appeals have been filed challenging the order

dated 08.11.2022 passed in Criminal Miscellaneous

No.1030/2022

by

the

Principal

District

and

Sessions

Judge,

Koppal,

whereunder

the

anticipatory bail petition filed by the appellants

sought in Crime No.124/2022 of Hanumasagar

Police

Station

registered

for

the

offences

punishable under Sections 143, 147, 323, 504, 506

read

with

149

of

the

Indian

Penal

Code

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

Sections 3(1)(r), 3(1)(s), 3(1)(z) and 3(1)(zc) of

the

Scheduled

Castes

and

Scheduled

Tribes

(Prevention of Atrocities) Act, 1989 (hereinafter

- 5 -

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

came to be rejected.

Heard both the learned counsel for the

appellants and learned High Court Government

Pleader for respondent No.1/State. Inspite of

service

of

notice,

respondent

No.2

remained

absent and unrepresented.

The case of the prosecution is that, one

Sharanappa S/o. Fakkiravva Madar has filed the

complaint

stating

that

on

03.08.2022

dog

belonging

to

his

neighbour

Mr.

Martandappa

(accused No.15) injured the goat of the brother of

the complainant by biting it. The brother of the

complainant

asked

about

this

to

the

said

Martandappa, the brother of the complainant and

his family members were assaulted. The said

dispute was settled at the intervention of the

elderly persons of the village and their community.

- 6 -

It is further stated that on 10.08.2022 at about

10.00 a.m. it was announced in the mike set of

Shri Sharanabasaveshwar Temple of complainant9s

village that the family of the complainant has been

boycotted and it was advised that nobody should

mingle

with

the

family

of

the

complainant.

Thereafter, nobody talks to them and abused them

in filthy language by taking the name of their case

i.e.,

Madiga.

It

is

further

stated

that

on

16.09.2022 at about 8.30 a.m., the complainant

was going to bring coolie workers from Bandarakal

Village at that time Balappa (accused No.11) came

there in the cart and pushed him in the bush. On

29.09.2022

at

about

07.00

a.m.,

when

the

complainant

was

in

the

hotel

of

Sharanappa

(accused No.1) to have tea at that time the

complainant took the water in the tumbler from

the barrel and asked to supply tea. At that time

accused Nos.2 and 4 who were in the hotel told

- 7 -

him that by touching the tumbler he made it

impure and told that inspite talking him since four

years why he has came to his hotel and abused

him in filthy language by touching caste and threw

waste water on him. The complainant asked to

supply tea by taking steel cup. At that time

accused No.1-Sharanappa abused him in filthy

language by touching his caste and told that they

will not give it to him and asked him not to come

to their hotel and also gave life threat. At that

time Accused Nos.3 to 20 came there by forming

an unlawful assembly and abused the complainant

in filthy language by touching his caste and kicked

on his stomach, pressed his neck and assaulted

him with chappal and gave him life threat and

asked him to leave the village and threatened him

to burn him. At that time Basappa, Veeranna,

Duragappa and Yallawwa came and pacified the

quarrel. Thereafter on 30.09.2022 at about 7.00

- 8 -

a.m. accused No.3-Mudiyappa went to the house of

the complainant and at that time his mother and

others were there in the house and told them that

inspite of boycott the complainant came and

touched

a

cup

and

tumbler

and

made

it

untouchable and asked them to leave the village

and abused them in filthy language touching their

caste. The said complaint came to be registered in

Crime No.124/2022 of Hanumasagar Police Station

for the offences punishable under Sections 143,

147, 323, 504, 506 read with Section 149 of IPC

and Sections 3(1)(r), 3(1)(s), 3(1)(z) and 3(1)(zc)

of

the

SC

and

ST(POA)

Act.

The

appellants/accused

Nos.2,

3,

5,

9

and

10