IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19^TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL APPEAL NO. 100083 OF 2025 BETWEEN:

VITTAL S/O. JAGADISH BARKER, AGE: 30 YEARS, OCC: PRIVATE WORK, R/AT: BADAMI, TQ: BADAMI, DIST: BAGALKOT – 586 118.

…APPELLANT (BY SRI GOURI SHANKAR MOT, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA, Digitally signed by MOHANKUMAR B BADAMI POLICE STATION, BADAMI, SHELAR Location: High Court of Karnata ka, REP. BY ITS STATE PUBLIC PROSECUTOR, Dharwad Bench, Dharwad HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD.

2. SHEKAPPA S/O. MALLAPPA DODDAMANI, AGE: 27 YEARS, OCC: LABOURER, R/AT: BADAMI RAILWAY SATATION, TQ: BADAMI, DIST: BAGALKOT – 587 201.

3. RAMACHANDARA S/O. HANAMANT MUTTAGAR, AGE: 29 YEARS, OCC: LABOURER, R/AT: BADAMI RAILWAY SATATION, TQ: BADAMI, DIST: BAGALKOT – 587 201.

4. HANAMANT S/O. RAMANNA TALIKOTI, AGE: 36 YEARS, OCC: LABOURER, R/AT: BADAMI RAILWAY SATATION, TQ: BADAMI, DIST: BAGALKOT – 587 201.

…RESPONDENTS (BY SRI ABHISHEK MALIPATIL, HCGP FOR R1; R2 TO R4 ARE SERVED BUT UNREPRESENTED)

THIS CRIMINAL APPEAL IS FILED U/S 14 A(2) OF SC AND ST POA ACT 2015, PRAYING TO ALLOW THE APPEAL AND SETTING ASIDE THE ORDER DATED 30.12.2024 AS ATTACHED IN BADAMI POLICE STATION CRIME NO.180/2024 PENDING ON THE FILE COURT OF II ADDL. DISTRICT AND SESSIONS JUDGE, AT BAGALKOT FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 115(2), 118(1), 109(1), 126(2), 352, 351(2) READ WITH SECTION 3(5) OF BNS, 2023 AND SECTIONS 3(1)(r)(s), 3(2)(v) OF S.C ST (P.O.A) AMENDMENT ACT, 2015 AND TO ENLARGE THE APPELLANT/ACCUSED NO.4 ON ANTICIPATORY BAIL IN EVENT OF THE ARREST, IN THE INTEREST OF JUSTICE.

THIS CRIMINAL APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIEVERED THEREIN AS UNDER:

CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

ORAL JUDGMENT

This appeal is filed by accused No.4 praying to set aside the order dated 30.12.2024 passed in Crl.Misc. No.620/2024 by the II Additional District and Sessions Judge, Bagalkote, whereunder the anticipatory bail application filed by the appellant/ accused No.4 in respect of Badami Police Station in Crime No.180/2004 registered for offences punishable under Sections 109(1), 115(2), 118(1), 126(2), 189(2), 190, 191(2), 191(3), 351(2), 352 of BNS and under Sections 3(1)(r)(s) and 3(2)(v) of the SC/ST (POA) Act, came to be rejected.

2. Heard the learned counsel for the appellant/

accused No.4 and the learned High Court Government Pleader for respondent No.1/ State. In spite of service of notice, respondent Nos.2 to 4 remained absent and un-

represented.

3. The case of the prosecution is that on

06.10.2024 at about 1:10 PM, when the complainant was at the vegetable market, accused No.1 approached in his car and horned, asking the complainant to move aside. The complainant responded that he was already standing by the side of the road, enraged by this, accused No.1 abused the complainant in filthy language, pushed him to the ground and assaulted him and threatened to kill him. Later on, on the same day at 7:30 PM, when the complainant and other persons went to Badami Government Hospital for treatment, accused No.1 with an intention to kill the complainant, threw a Barry gate at the complainant, caused the injuries to his wrist and head. Accused Nos.2 and 3 are alleged to have restrained the complainant and accused Nos.1 and 2 made him fall on the ground and pressed his neck with this they attempted to strangulate him. The accused Nos.2 and 4 supporting the other accused persons abused CW.1 in filthy words by touching his caste and accused No.4 assaulted CW.5 with a stone and caused simple injury.

4. The appellant/ accused No.4 apprehending his arrest has filed the petition before the Special Court and the same came to be rejected by an impugned order. 5. The learned counsel for appellant would contend that the allegation of abuse of CW.1 in filthy words by touching his caste is omnibus allegation against this appellant/ accused No.4. There