RAJU @ D. SHEKAR Vs. STATE BY AVALAHALLI POLICE

JUDGEMENT

(1.) This petition has been filed by petitioner/accused No.1 under Section 438 of Cr.P.C., to enlarge him on anticipatory bail in the event of his arrest in Crime No.369/2018 (Spl. Case No.312/2019) pending on the file of the II Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru for the offences punishable under Sections 143 , 447 , 504 , 506 read with Section 149 of IPC and also under Section 3(1)(r)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act , 1989 (hereinafter called as an 'Act').

(2.) I have heard the learned counsel Sri.Ambrish V.N . by virtual hearing on behalf of Sri.Santosh S. Nagarale for petitioner/accused No.1 and the learned HCGP Sri.H.R.Showri for respondent No.1- State. Learned counsel for respondent No.2 has remained absent.

(3.) The genesis of the complaint are that the complainant belongs to the Scheduled Caste. It is further alleged that in Sy.No.35 (new Sy.No.35/P2 Phodi Sy.No.96) measuring 02 acres 20 guntas was granted to his grandfather by Special Deputy Commissioner. He has built a house in the said property and residing in the same house. It is further alleged that petitioner/accused No.1 along with other accused persons who are belonging to the upper caste came to the said land on 11.10.2018 at about 8:00 a.m., by trespassing into the property and when the complainant questioned the petitioner and other accused persons, they abused the complainant by taking the name of his caste and they have further threatened with life by holding iron rods and long and they also threatened to transfer sites in favour of petitioner/accused No.1. On the basis of the said complaint, a case has been registered.