Accused Nos.1 to 6 have filed this appeal

challenging the order dated 21.09.2022 passed in

Criminal Miscellaneous No.545/2022 whereunder the

anticipatory

bail

petition

filed

by

the

appellants/accused Nos.1 to 6 came to be rejected

which was sought with respect to Crime No.78/2022

for the offences punishable under Sections 143, 147,

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148, 323, 324, 341, 504 and 506 read with Section

149 of The Indian Penal Code (hereinafter referred

to as the 8IPC9, for brevity) and under Sections

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

and the Scheduled Tribes (Prevention of Atrocities)

Act, 1989 (hereinafter referred to as 8SC & ST Act9,

for brevity).

Heard

the

learned

counsel

for

the

appellants, the learned counsel for respondent No.2

and the learned High Court Government Pleader for

respondent No.1/State.

The case of the prosecution is that, on

31.08.2022 when the first informant was present in

the Tonga stand, Bagalkote, the appellants/accused

Nos.1 to 6 had formed themselves into an unlawful

assembly in view of the enmity and picked up

quarrel with the first informant and others and when

the first informant intervened and advised the

appellants not to pick up quarrel, the appellants left

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the spot by threatening the first informant and

others. On the same day, at about 9:30pm when

the first informant was present near Kumbar Madu

cross, all the appellants came to the spot by forming

themselves into an unlawful assembly and restrained

the first informant and others. Appellant No.3

assaulted on the face of the first informant with a

stump and abused him in filthy language touching

his caste by taking his caste and due to the said

assault, the first informant lost part of his tooth.

Appellant No.1 assaulted one Shrishail Chenni with a

stump on his fore head. Appellant No.4 assaulted

one Sagar with club. All the appellants assaulted the

first informant and others with hands and legs and

they altogether abused them touching the caste and

threatened to kill them. The said complaint came to

be registered in Bagalkote town Police Station Crime

No.78/2022

for

the

aforesaid

offences.

The

appellants/accused Nos.1 to 6 apprehending their

arrest

filed

Criminal

Miscellaneous

No.545/2022

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seeking anticipatory bail and the same came to be

registered by the learned II Additional District and

Sessions

Judge,

Bagalkote

by

order

dated

21.09.2022. The said order is challenged in the

instant appeal.

Learned counsel for the appellants would

contend that there is no prima facie case made out

against the appellants to attract an offence under

Section 3 of SC & ST Act. It is his further

submission that the alleged incident had occurred at

about 9:30pm and there is no mention of the

presence of other persons on the spot and therefore,

it cannot be said that the offence alleged had taken

place in the place within the public view. It is his

further submission that, the abuse of touching the

caste by the appellants is omnibus allegation and

there is no specific allegation against each of the

accused of they abusing the complainant touching

the caste name. The appellants are all students

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except

appellant

No.4.

The

injured

have

not

sustained any severe injuries and they have been

discharged from the hospital. Without taking into

consideration all these aspects, the learned Sessions

Judge has passed the impugned order which requires

interference by this Court. With this, he prayed to

allow the appeal.

Per contra, learned HCGP would contend

that, the investigation is in progress. The appellants

have abused the first informant by touching his

caste and it clearly attracts the offence under

Section 3 of the SC/ST (POA) Act, 1989 and

therefore, there is a prima-facie case against the

appellants and bar under Section 18 is attracted. In

the alleged incident, three persons have sustained

injuries. If the appellants are granted anticipatory

bail, they will hamper the investigation and tamper

the prosecution witnesses. Considering all