Appeal under Section 14A(2) of the SC/ST (POA) Act seeking anticipatory bail for two priests accused of caste-named abuse and obstructing scheduled caste women from a Rangoli competition and temple entry. The High Court found a prima facie atrocity and rejected the appeal.
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NC: 2024:KHC-D:9209 CRL.A No. 100197 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 5TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.RACHAIAH
CRIMINAL APPEAL NO. 100197 OF 2024 (U/S 14 A(2) of SC and ST ACT-)
BETWEEN:
AGE: 20 YEARS, OCC: AGRICULTURE LABOUR, R/O: NARAYANAPUR VILLAGE, SANDUR TALUKA, BALLARI DISTRICT, PIN - 583119.
CHANDRASHEKAR LAXMAN KATTIMANI
HIGH COURT OF KARNATAKA
(BY SRI ANAND R.KOLLI, ADVOCATE)
AND:
THROUGH SANDUR POLICE STATION, DIST. BALLARI, PIN-583119.
NC: 2024:KHC-D:9209 CRL.A No. 100197 of 2024
…RESPONDENTS
(BY SRI PRAVEENA Y.DEVARADDIYAVARA, HCGP FOR R1; SRI MANJUNATH G.PATIL, ADVOCATE FOR R2)
THIS CRIMINAL APPEAL IS FILED U/S 14(A)(2) OF SC/ST POA ACT, 1989 R/W 438 OF CR.P.C., SEEKING TO ENLARGE THE APPELLANTS/ ACCUSED NO.1 AND 2 ON ANTICIPATORY BAIL IN THE EVENT OF ARREST IN CONNECTION WITH SANDUR P.S. IN CRIME NO.0015/2024 BY SETTING ASIDE THE ORDER DATED 21.03.2024 PASSED BY THE FILE OF I ADDL. DISTRICT AND SESSIONS COURT, BALLARI AT BALLARI FOR THE OFFENCES P/U/S 3(1)(c), 3(1)(y), 3(1)(za), 3(1)(r)(s), OF SC AND ST PREVENTION OF ATROCITIES ACT 1989, AND 341 AND 34 OF IPC.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard Sri Anand R.Kolli, learned counsel for the appellants, Sri Praveena Y.Devaraddiyavara, learned High Court Government Pleader for respondent No.1/State and Sri Manjunath G.Patil, learned counsel for respondent No.2.
u/sec.3(1)(c), 3(1)(y), 3(1)(za), 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, ‘the Act’).
3. Brief facts of the case are as under:
It is the case of the prosecution that a complaint came to be registered by Tayappa s/o Maliyappa stating that on 31.01.2024, Rangoli Competition was held by Shree Kshetra Dharmasthala Manjunatha Gramabhiruddhi Yojana Trust. The women of all the community and castes had participated in the said competition. Sri Hanumanal Gavisiddappa s/o Hanumanal Kumarswamy and Sahukar Honnurswamy started abusing in a filthy language and insulting by naming the caste and throwing the chair on the Kalasa, which the women of scheduled castes had brought and prevented them in participating the said competition.
naming the caste of the complainant and others and also they have been prevented from entering into the premises of the temple. The accused No.2 again scolded and insulted by naming the caste of the complainant and others and prevented them by entering into the premises of the Temple. It is further stated that, the said act of the appellants has been recorded. Therefore, a complaint came to be registered against two persons. The jurisdictional police have registered a case in Crime No.15/2024 for the offences stated supra.
permanent residents of Narayanapura village and they will abide the conditions imposed by this Court in the event of
their release on bail. Making such submission, the learned counsel for the appellants prays to allow the appeal.
premises of the temple only on account of they belong to the scheduled caste. Therefore, I am of the considered opinion that the appellants are not entitled for the relief as prayed
for. Hence, I proceed to pass the following:
ORDER
The appeal stands rejected.
Sd/JUDGE
CLK
1 issue framed by the court
Whether the appellants accused of caste-based insults and obstruction under the SC/ST (POA) Act are entitled to anticipatory bail despite the bar under Section 18A(2).
5 provisions across 3 enactments
Sri Hanumanal Gavisiddappa alias H.K. Gavisiddappa
Sri Sahukara Honnura Swamy alias S. Honnur Swamy
State of Karnataka r/by Public Prosecutor, through Sandur Police Station, Ballari
Tayappa s/o Maliyappa
S.Rachaiah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
