1. In this appeal, the appellant has sought to release him on bail in the event of his arrest in Crime No.78/2021 registered at Wadagera Police Station, Yadgiri, for offence punishable under Sections 143, 147, 504, 323 r/w 149 of IPC and under Sections 3(1)(r) and (s) of the Scheduled Caste and Scheduled Tribes [Prevention of Atrocities] Act, 1989 [hereinafter referred to as 'SC and ST [POA] Act' for short].

2. Petition filed under Section 438 of Cr.P.C. by the appellant was rejected by the Court of Sessions Judge at Yadgiri in Crl. Misc. No.417/2021 vide Order dated 26.07.2021.

3. The learned Sessions Judge was pleased to enlarge accused Nos.1, 4 to 15 on anticipatory bail. However, rejected the prayer of the appellant/accused No.2.

4. The learned counsel for the appellant submits that accused No.3 and two other accused viz., accused Nos.16 and 17 were arrested and they are enlarged on regular bail.

5. Learned High Court Government Pleader has contended that in view of Sections 18 and 18A(2) of the SC and ST (POA) Act, learned Sessions Judge has rightly rejected the petition seeking anticipatory bail filed under Section 438 of Cr.P.C.

6. The grounds on which the learned Sessions Judge has rejected the prayer of the appellant, is that in the complaint it is alleged, this appellant and accused No.3 held the shirt collar of the complainant and abused him as 'holeya soolemagane' and thereafter dragged him and assaulted him with hands.

7. The case of the prosecution is that, complainant is a member of Bendebemballi Gram Panchayat and he belongs to Scheduled Caste. On 28.06.2021, there was a general meeting in the Panchayat. At about 11.00 a.m., when he was attending the meeting, accused Nos.1 to 3 barged into the Panchayat Office and accused Nos.2 and 3 held his shirt collar and they abused him as "holeya soolemagane" and assaulted him with hands. As rightly submitted by the learned counsel for appellant, perusal of the complaint shows the words 'holeya soolemagane' has been inserted in a bracket subsequently. It is also not the case of prosecution that, only on the ground that complainant belongs to Scheduled Caste, the incident has taken place. Prosecution has to substantiate its case during trial. In the facts and circumstances, appellant has made out sufficient ground to grant the relief sought by him. Accordingly, the following:

ORDER

Appeal is allowed. The order dated 26.07.2021 passed by the Court of Sessions Judge at Yadgiri in Criminal Misc. No.417/2021 is set aside.

Appellant/accused No.2 shall be released in the event of his arrest in Crime No.78/2021 of Wadagera Police Station, for offence punishable under Sections 143, 147, 504, 323 R/w 149 of IPC and Section 3(1)(r) and (s) of the SC and ST [POA] Act, subject to following conditions:

i. Appellant shall appear before the jurisdictional court within a period of one week from the date of receipt of a copy of this order and shall execute a personal bond in a sum of ₹50,000/- (Rupees Fifty Thousand Only) with one surety for likesum, to the satisfaction of the court;

ii. Appellant shall appear before the Investigating Officer within a period of one week thereafter and he shall co-operate with the investigation of the case;

iii. Appellant shall not threaten or influence the prosecutions witnesses either directly or indirectly;

iv. Appellant shall not leave the jurisdiction of the Trial Court without prior permission of the learned Sessions Judge;

v. Appellant shall furnish proof of his residential address and shall inform the court, if there is any change in the address;

vi. Appellant shall mark his attendance before the concerned Police Station once in a month, preferably on first Sunday of every month between 10.00 a.m. and 5.00 p.m. till filing of charge sheet;

If any of the conditions are violated, prosecution is at liberty to seek cancellation of bail.