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IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 11^th DAY OF JUNE, 2021

BEFORE

THE HON9BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

CRIMINAL APPEAL NO.100085/2021

BETWEEN:

Prakash S/o. Narayan Bhuji,

Age 20 years, Occ: Student,

R/o. Modalgera village, Tq. Haliyal,

Uttara Kannada, Karwar - 581301

...Appellant

(By Sri. Shiva Shirur, Advocate)

AND:

1.

The State of Karnataka,

Through Haliyal Police Station,

Now Rep. by State Public Prosecutor,

High Court of Karnataka, Dharwad,

Bench at Dharwad.

2.

Angad S/o. Mohan Javale,

Age 36 years, Occ: Labourer,

R/o. Pahadi Pargoan, Dhar UR,

Dist. Beed, Maharashtra 3 421124,

Now residing at Modalgera village,

Taluk Haliyal, Dist. Uttara Kannada,

Karwar 3 581329.

... Respondent

(Sri. Ramesh B. Chigari, HCGP for R1;

R2 - served)

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This criminal appeal is filed under Section

14A(2) of SC and ST Act, and R/w. 438 of Cr.P.C.,

seeking to set aside the order dated 24.03.2021

passed by the Principal District and Sessions

Judge, Uttara Kannada, Karwar, in Criminal Misc.

No.86/2021 and allow the present appeal and

consequently grant anticipatory bail in favour of

the appellant/accused No.3 in the event of his

arrest

in

Crime

No.35/2021

pending

before

Principal

District

and

Sessions

Court,

Uttara

Kannada, Karwar, registered by the Haliyal Police

for the alleged offence under Sections 143, 147,

148, 323, 324, 504, 506, 149 of IPC and Section

3(1)(r), 3(1)(s) of SC/ST (Prevention of Atrocities

Amendment) Act, 2015.

This criminal petition coming on for orders

this day, the court made the following:

JUDGMENT

Aggrieved by the order dated 24.03.2021 passed

by the Principal District and Sessions Judge/Special

Judge,

Uttara

Kannada,

Karwar,

in

Criminal

Miscellaneous

No.86/2021,

the

appellant/accused

No.3 is before this Court. The said order dated

24.03.2021 has been passed rejecting the petition

filed by the appellant/accused No.3 under Section 438

of Cr.P.C. in Crime No.35/2021 of Haliyal Police

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Station, registered for the offences punishable under

Sections 143, 147, 148, 323, 324, 504 and 506 r/w.

149 of IPC and under Section 3(1)(r) and 3(1)(s) of

SC/ST (Prevention of Atrocities), 1989 (hereinafter

referred to as the 8SC/ST POA Act9, for brevity).

2.

The case of the prosecution in brief is that,

one Sri. Angad S/o. Mohan Javale has filed complaint

on 05.02.2021, stating that he is the resident of

Maharashtra State. Along with his family, he had

come to Modalgera village, Haliyal about two years

ago for sugarcane harvesting along with gang and

they were staying in a Hut like structure in the farm

belonging to one Dharmraj Yallari Magwadkar. It is

further stated that, he along with his family and gang

was doing sugarcane harvesting in the form land of

accused Nos.1 and 2. The sugarcane harvesting could

not be completed in the form land of accused Nos.1

and 2 due to rain and therefore the complainant, his

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wife and gang stayed in the farm land of others and

doing sugarcane harvesting job. The accused Nos.1

and 2 have completed the remaining work of

sugarcane harvesting by engaging some other persons

and when the complainant came to know about the

same, he went two times to meet accused Nos.1 and

2 demanding for payment of wages for half work done

in the farm land of accused Nos.1 and 2. The accused

denied the payment of wages to the half work

completed by the complainant and his gang. It is

further stated that, on 04.02.2021 at about 8.30 a.m.

when the complainant along with his gang were

harvesting the sugarcane in the form of Parashuram

S/o. Laxman Tupari, the accused Nos.1 to 5 had come

there and allegedly called the complainant and abused

him in filthy language touching his caste and

assaulted him with sugarcane. At that time, the

persons present over there and the owner of the land

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have rescued the complainant from accused persons.

The complainant thereafter went t