The court granted anticipatory bail to multiple appellants under the SC/ST Act due to lack of custodial interrogation necessity and absence of prior criminal record.

CORAM: HON'BLE MRS JUSTICE M G UMA ORAL JUDGMENT (PER: HON'BLE MRS JUSTICE M G UMA)

The appellants-accused Nos.1 to 3, 5 to 7 and 9 to

16 are before this Court, seeking grant of anticipatory bail under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as ‘the SC & ST (POA) Act’ for short) on the apprehension of being arrested in Crime No.57/2025 of Turvihal Police Station, Raichur District, pending on the file of the III Additional District and Sessions Judge, Raichur, sitting at Sindhanur, registered for the offences punishable under Section s 189 (2), 191(2), 191(3), 115(2), 352, 118(1), 329(4), 74, 127(2), 351(2), 351(3), 190 of Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as ‘the BNS , 2023’ for short) and Sections 3(1)(r), 3(1)(s), 3(1)(w)(i)(ii), 3(2)(va) of the SC & ST (POA) Act on the basis of the first information lodged by informant – Yallamma.

2. Heard Sri Arunkumar Amargundappa, learned counsel for the appellants and Smt. Arati Patil, learned High Court Government Pleader for respondent No.1- State. Respondent No.2 though served with the notice has remained un-represented. Perused the materials on record.

3. In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is:

“Whether the appellants are entitled for grant of bail under Section 14-A of SC/ST (Prevention of Atrocities) Act, 1989?”

My answer to the above point is in the ‘Affirmative’

for the following:

R E A S O N S

4. Initially, the FIR came to be registered against accused Nos.1 to 16 for the offences punishable under Section s 189 (2), 191(2), 191(3), 352, 115(2), 118(1), 329(4), 109, 74, 127(2), 351(2), 351(3), 190 of the BNS , 2023 and Sections 3(1)(r), 3(1)(s), 3(1)(W)(i)(ii), 3(2)(va) of the SC & ST (POA) Act. After investigation, charge sheet came to be filed for the offences punishable under Section s 189 (2), 191(2), 191(3), 115(2), 118(1), 329(4), 74, 127(2), 352, 351(2), 190 of the BNS , 2023 and Sections 3(1)(r), 3(1)(s), 3(1)(wii), 3(2)(va) of the SC & ST (POA) Act.

5. It is the contention of the prosecution that, the husband of the victim-CW.2 is running petty shop and in that regard, there was dispute between him and accused No.1. On 05.04.2025 at 6.30 p.m., there was an altercation between CW.2 and the accused. Accused Nos.1 to 7 are said to have formed an unlawful assembly and assaulted CW.2. When victim-CW.1 came to his rescue, she was also assaulted by the accused. Again at 7.00 p.m., accused Nos.1 to 7 are said to have criminally trespassed into the house of the victim, assaulted them with an intention to cause their death, knowing fully well that she belongs to Scheduled Tribe. Thereby, they have committed the offence as stated above.

6. As per the charge sheet, CWs.1 to 3 and 6 are the injured in the incident. The wound certificates pertaining to the injured disclose that they have sustained only simple injuries. Under such circumstances, it is not the contention of the prosecution that these appellants are required for custodial interrogation. It is also not the contention of the prosecution that the appellants are having any criminal antecedent. In view of these facts and circumstances, I am of the opinion that the appellants may be granted anticipatory bail subject to conditions, which will take care of the interest of the prosecution as well as interest of the complainant and the witnesses.

7. Accordingly, I answer the above point in the affirmative and proceed to pass the following:

ORDER i) The appeal is allowed.

ii) The appellants are ordered to be enlarged on bail in the event of their arrest in Crime No.57/2025 of Turvihal Police Station for the offences punishable under Section s 189 (2),