IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 17^TH DAY OF APRIL, 2021

BEFORE

THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR

CRIMINAL APPEAL NO.429 OF 2021

BETWEEN:

1. THIMMARAJA @ THIMMARAJU,

S/O RANGAPPA,

AGED ABOUT 36 YEARS.

2. NAGARAJA @ NAGARAJU,

S/O RANGAPPA,

AGED ABOUT 40 YEARS

3. JAYAMMA

W/O LATE RANGAPPA,

AGED ABOUT 65 YEARS

4. SUDHA R

W/O THIMMARAJA,

AGED ABOUT 33 YEARS.

5. KAMALAMMA

W/O NAGARAJA,

AGED ABOUT 38 YEARS,

6. ABHI @ ABHISHEK,

S/O NAGARAJA,

AGED ABOUT 21 YEARS.

ALL ARE AGRICULTURISTS

R/O MALLANAKATTE

KODAYYANAHATTI VILLAGE

2

(KOODAIAHNAHATTI VILLAGE)

CHITRADURGA TALUK,

CHITRDURGA - 577501. ...APPELLANTS

(BY SRI GOPALAKRISHNAMURTHY C, ADVOCATE)

AND:

1. STATE BY CHITRADURGA KOTE P S,

REP. BY SPP HIGH COURT COMPLEX,

BENGALURU - 560001.

2. SMT RATHNAMMA,

W/O LATE PARAMESHWARAPPA,

AGE ABOUT 41 YEARS ,

R/O MALLANAKATTE

KODAYYANAHATTI VILLAGE

(KOODAIAHNAHATTI VILLAGE)

CHITRADURGA TALUK,

CHITRDURGA - 577501. RESPONDENTS

NOT A PARTY (DE-FACTO COMPLAINANT),

(BY SRI RAHUL RAI K, HCGP FOR R1)

****

THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14A OF

THE SC/ST (POA) ACT R/W 438 OF THE CR.P.C PRAYING TO GRANT

THEM ANTICIPATORY BAIL BY DIRECTING THE RESPONDENT

CHITRADURGA KOTE P.S. TO RELEASE THEM ON BAIL IN THE

EVENT OF THEIR ARREST IN THE CR.NO.27/2021 FOR THE

ALLEGED OFFENCE P/U/S 143, 147, 447, 354, 504, 323, 149 OF

IPC AND 3(1)(r)(s) OF SC/ST (POA) ACT PENDING BEFORE THE

LEARNED

CHITRADURGA

DISTRICT

SPL,

2ND

ADDITIONAL

DISTRICT AND SESSIONS COURT, CHITRADURGA.

THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE

COURT

DELIVERED

THE

FOLLOWING

THROUGH

PHYSICAL

HEARING:

3

JUDGMENT

The appellants being aggrieved by the order of rejection of

bail application by the Sessions Court in Crime No.27/2021 of

Chitradurga Kote police station for the offences punishable under

Sections 143, 147, 447, 354, 504, 323, 149 of IPC and Sections

3(1)(r),

3(1)(s)

of

Scheduled

Caste

and

Scheduled

Tribe

(Prevention of Atrocities) Act, 1991.

2.

The facts leading to this petition are that Chitradurga

Kote police have registered Crime No.27/2021 on the complaint

filed by Smt. Rathnamma. The allegations are that on 27.02.2021

evening at about 6.00 p.m. when the complainant had gone near

her site and enquired the appellants as to why they have put up

their haystack in the said land. They picked up quarrel and started

abusing her in filthy language by taking caste name, thereafter they

have assaulted her. On the next day her son-in-law took her to

the district hospital, Chitradurga for medical treatment. Thereafter

she has filed a complaint.

3.

After registering the case the police officials have

started making attempts to arrest the appellants. Therefore they

4

had approached the Sessions Court seeking for anticipatory bail,

but the said bail application has been rejected.

4.

The learned counsel for the petitioner would contend

that a false complaint has been registered against the appellants as

a counter blast for the complaint filed by the appellant No.3 Smt.

Jayamma. The allegations made in the complaint are false and

baseless. the appellants also belong to the backward community,

as such there was no caste discrimination whatsoever and there

was no motive to commit the alleged offences under the provisions

of the Scheduled Caste and Scheduled Tribe Act. Thus, Section 18

and 18A of the Scheduled Caste and Scheduled Tribe (Prevention of

Atrocities) Act are not applicable.

5.

The learned High Court Government Pleader opposing

the bail application contended that there are specific allegations

that the appellants have abused the complainant by taking the

caste name and have assaulted her. Thus there are no grounds to

hold that they have been falsely implicated in this case.

6.

Having heard the submissions made