IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 19^TH DAY OF MARCH 2021

BEFORE

THE HON’BLE MR. JUSTICE MOHAMMAD NAWAZ

CRL.A. NO.100035 OF 2021

BETWEEN:

1.

SHRIKANTH K S/O HARINATH BABU K

AGE:48 YEARS, OCC:BUSINESS,

R/O H.NO.18/19, 20^TH WARD,

R.K. PALACE, MOKA ROAD,

DIST:BALLARI-583101,

KARNATAKA.

2.

RAVIKANTHA BABU K S/O HARINATH BABU K

AGE:45 YEARS, OCC:BUSINESS,

R/O H.NO.18/19, 20^TH WARD,

R.K. PALACE,

MOKA ROAD,

DIST:BALLARI-583101,

KARNATAKA.

…APPELLANTS

(BY SRI.RAVI B NAIK, SENIOR COUNSEL FOR SRI. M.L.

VANTI, ADVOCATE)

AND:

1.

STATE OF KARNATAKA

BY PSI, GANDHINAGAR POLICE STATION,

BALLARI,

REP. BY STATE PUBLIC PROSECUTOR,

2

HIGH COURT OF KARNATAKA,

DHARWAD BENCH-580011.

2.

BASAPPA S/O HONNURAPPA V.K.

AGE:51 YEARS, OCC:BUSINESS,

R/O H.NO.LIG 142, NETAJI NAGAR,

KHB COLONY, CONTONMENT,

BALLARI-583101.

…RESPONDENTS

(BY SRI. PRAVEEN K UPPAR, HCGP FOR R1)

(SRI.SHARANABASAVARAJ C FOR SRI. GANGADHAR J.M.,

ADVS. FOR R2)

THIS APPEAL IS FILED UNDER SECTION 14A(2) OF THE

SC/ST (POA) ACT, 1989 PRAYING THIS HON’BLE COURT TO

ALLOW THE APPEAL AND SET-ASIDE THE ORDER DATED

18.2.2021 PASSED IN CRL.MP.NO.56/2021 BY LEARNED I

ADDL. DISTRICT AND SESSINS JUDGE AND SPECIAL JUDGE,

BALLARI AND DIRECT RESPONDENT NO.1 POLICE TO

RELEASE THE APPELLANTS/ACCUSED NOS.1 AND 2 ON BAIL

IN THE EVENT OF THEIR ARREST IN GANDHINAGAR POLICE

STATION,

BALLARI

CRIME

NO.8/2021

FOR

OFFENCES

PUNISHABLE UNDER SECTIONS 504, 506 READ WITH

SECTION 34 OF IPC AND SECTIONS 3(1)(p), 3(1)(r), 3(1)(s)

AND 3(1)(u) OF THE SC/ST (POA) ACT, 1989 PENDING ON

THE FILE OF THE ADDL. 1^ST COURT, BALLARI.

THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE

COURT DELIVERED THE FOLLOWING:

3

JUDGMENT

This appeal is filed under Section 14A(2) of

the

Scheduled

Castes

and

Scheduled

Tribes

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

‘SC/ST(POA)Act’) to set-aside the order dated

18.2.2021 passed by the I Addl. District and

Sessions Judge and Special Judge, Ballari in

Crl.MP. No.56/2021 and to release the appellants

on bail.

2. Heard Sri. Ravi B Naik, learned senior

counsel appearing for the appellants, learned

HCGP

for

respondent

No.1/State

and

learned

counsel for respondent No.2/defacto complainant

and perused the material on record.

3. On a complaint lodged by respondent

No.2, a case in Crime No.8/2021 was registered at

Gandhinagar Police Station, Ballari, against the

appellants for offences punishable under Sections

4

504, 506 read with Section 34 of IPC and Section

3(1)(p)(r)(s)& (u) of the SC/ST(POA) Act.

4. The complaint averments in brief, are that

the complainant is a B.E. graduate and he belongs

to Valmiki caste which comes under ST category.

He is carrying business of building bricks and also

carrying social work of protecting the rights of the

people belonging to SC/ST by visiting Tahsildar’s

office, District Magistrate Office and also various

police stations for redressal of the problems of his

community people and he used to participate in

the protest to protect the rights of poor and needy

people. By considering his concern towards poor

and needy people, he was selected as a President

of Karnataka State Karunadu Sene, Ballari and

further, he is an active worker of Bharatiya

Janatha Party. It is alleged that on 11.1.2021, he

received summons from the Court in connection

with OS No.224/2020 filed by the appellants,

5

wherein the complainant is defendant No.3 and

when the complainant was standing outside Indira

Hospital located opposite to Ballari Court and

talking

to

Bangarappa,

Devanna,

Raja

and

Vasanthakumar

at

about

6.20

p.m.,

the

appellants/accused who were passing by, saw him

and threatened him with dire consequences saying

that he should not help Shivanna and Peddanna

i.e. defendants 1 and 2 in OS No.224/2020. They

abused him in filthy language and insulted him

taking the name of his caste and went away. It is

further s