Criminal Appeal No.100551/2023 is filed by accused Nos.1 to 10, 12, 13 and 15 to 19 and Criminal Appeal No.100580/2023 is filed by accused No.11 praying to set aside the common order dated 28.11.2023 passed in Criminal Miscellaneous No.1336/2023 and 1354/2023 by the learned III Additional District and Sessions Judge, Belagavi, whereunder the anticipatory bail petitions of the appellants sought in respect of Athani Police Station Crime No.383/2023 registered for the offences punishable under sections 3(2)(va) , 3(1)(r)(s) , 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Sections 143, 147, 148, 323, 324, 354B, 427, 504, 506, 436 and 307 read with Section 149 of the Indian Penal Code, came to be rejected.

2. Heard the learned counsel appearing for the appellants, the learned High Court Government Pleader for respondent No.1-State and the learned counsel appearing for respondent No.2.

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3. Respondent No.2 has filed complaint stating that, Shri Lakkavva Devi Temple at Katageri, is run by the elders and people of their community and on 31.10.2023, at about 4:00pm, the accused persons came to the temple holding axe, clubs, sickle etc and abused the complainant in filthy language and destroyed the shop and at that time, the complainant's sister-in-law by name Kasavva Ganachari, Rekha Ganachari, Gunjavva Ganachari, Rakesh Ganachari, Gangavva Ganachari, Chikkappa Ganachari, Akash Ganachari and Yallavva Ganachari, all, have been assaulted by the accused persons with clubs and also destroyed the shop and abused them in filthy language taking their caste name and outraged the modesty of women by pulling their saree and assaulted them with rod and sickle on the head and caused injury and also squeezed the neck and tried to commit murder and also destroyed the house and burnt the household utensils and took 8.5 tola gold which was kept in the box of the shop and due to burning of the shop material, they suffered loss of Rs.70,000/- and also suffered loss of Rs.90,000/- by burning shop. Based upon the said -6- NC: 2023:KHC-D:14950 CRL.A No. 100551 of 2023 C/W CRL.A No. 100580 of 2023 complaint, a case came to be registered against the appellants in Athani Police Station Crime No.383/2023 for the aforesaid offences. The appellants apprehending their arrest, filed petitions seeking anticipatory bail and the same came to be rejected by the impugned order.

4. The learned counsel appearing for the appellants would contend that there is no averment in the complaint about the caste of these appellants. The allegations made in the complaint are omnibus allegations, as there is no specific overt act alleged against each of the accused persons. There is a civil dispute regarding temple property and even a writ petition in that regard is also pending before this Court. He further contended that there is a complaint filed by accused No.11 and the same came to be registered in Crime No.384/2023. He contends that there was a minor scuffle with regard to the temple property and therefore, a false complaint has been lodged against the appellants. As the allegations are omnibus, the offence under Section 3 of SC & ST Act are not attracted and therefore, the bar under Section 18 of SC & ST Act is not attracted. The learned -7- NC: 2023:KHC-D:14950 CRL.A No. 100551 of 2023 C/W CRL.A No. 100580 of 2023 Sessions Judge without considering these aspects has rejected the anticipatory bail petitions which require interference by this Court. With this, he prays to allow the appeals.

5. Per contra, the learned High Court Government Pleader appearing for respondent No.1 and the learned counsel for respondent No.2 would contend that the appellants destroyed the shop of the complainant, caused loss, took gold and cash, assaulted and outraged the modesty of women. Considering the said aspect, the learned Sessions Judge has rightly rejected their anticipatory bail petitions. On perusal of the averments of the complaint, the offence under Section 3 of SC & ST Act are made out and therefore bar under Section 18 of SC & ST Act is attracted. With this, they prayed to dismiss the appeals.

6. Having heard the learned counsel for the parties, the Court has perused the FIR, the complaint and the impugned order.

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7. Respondent No.2 has filed the complaint against the appellants which came to be registered in Crime No.383/2023 of Athani Police Station. There is no averment in the complaint that the appellants are not belonging to the scheduled caste. The allegation against the appellants of abuse touching the caste, assault, etc is omnibus allegation. There is no specific overt act alleged against each of the accused persons. Therefore, at this stage, it cannot be said, which of the accused abused the complainant and others touching their caste and assaulted them. Therefore, bar under Section 18 of the SC & ST Act is not attracted, as there is no prima facie case against each of the appellants for offence under Section 3 of the SC & ST Act. The other offences alleged against the appellants are not punishable with death or imprisonment for life.

8. Without considering these aspects, the learned Sessions Judge has passed the impugned order which requires interference by this Court. The appellants have made out grounds for setting aside the impugned order and granting anticipatory bail.

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9. In the result, the following order: