NAVIN KABBER Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioners and also High Court Government Pleader through video conference.

(2.) The petitioners have filed this petition under section 439 of Code of Criminal Procedure seeking to enlarge them on bail in Crl.Misc.No.354/2020 (Spl.FIR(A) No.50/2020) Crime No.53/2020 of Yeragera Police Station, District Raichur for the offences punishable under Sections 143 , 147 , 148 , 341 , 504 , 323 , 324 , 326 , 307 , 427 , 506 and 149 of Indian Penal Code and the offence punishable under Section 3(1)(r)(s)(2)(va) of Prevention of Atrocities Amendment Act, 2015, pending on the file of the II Addl. District & Sessions Court, Raichur.

(3.) The brief case of the prosecution is that on 26.05.2020, when his younger brother of the complainant by name Pratreek and his friends Shivaraj Kumar, Shasidhar, Arjun, Rohit, Sivarajkumar, Raghu, Vinod, Veerendra, Harish, Santosh, Srinivas, Lincon and Bhimesh were returning to the house at 6.00 p.m. near Kolanki of Maliyabad village, the accused No.1 Navin Kabber, who was acquainted to him and two others wrongfully restrained him and others. Accused No.1 who belongs to Kabber caste in a intoxicated condition questioned them to the effect to which colony they belong and why they were coming there. When the complainant informed that they are resident of Ambedkar Nagar, three accused threatened first informer and others with dire consequences and they also abused them by taking caste of Madiga and in with filthy language. When they questioned as to why questioning them, they assaulted them with broken beer bottle and clubs. Thereafter, about 40-50 persons, who arrived from Timmapurpet Raichur on the phone call of accused No.1 assaulted the other persons with deadly weapons and damaged the motor vehicles. So they did atrocity against the first informer and others. Thereafter, they were admitted to Navodaya hospital Raichur and lodged the complaint in this regard.