B.L.RAMESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is a petition filed by the petitioner/accused in Crime Number 301 of 2018 of Hulimavu Police Station for the offences punishable under Sections 447 , 427 , 504 , 506 of IPC and Sections 3(1)(r)(s) and 3(1)(g) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act , 1989. The accused is under apprehension that the police may apprehend him in the aforesaid crime and therefore, he is before this Court seeking for the relief of anticipatory bail by urging various grounds.

(2.) Heard Shri.Joseph Anthony, learned counsel for the petitioner appearing through video conference and the learned High Court Government Pleader appearing for Respondent No.1/State who is physically present before the Court.

(3.) It is stated in the petition that the petitioner/ accused is a retired employee of HMT Watch Factory and is a permanent resident of Jain Hanuman Nagar. During the second week of March, 2020 the Respondent/Police visited the petitioner's house and informed his family that a criminal case in Cr.No.301/2018 is pending against the petitioner and his presence was required before the Sessions Court relating to the case in Spl.C.No.116 of 2020 for the offences punishable under Sections 447 , 427 , 504 , 506 of the Indian Penal Code, 1860, Sections 3(1)(r)(s) and (g) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities Act ), 1989. Thereafter it came to the knowledge of the petitioner regarding a complaint being filed against him by one Srinivas.T. way back in the year 2018, i.e., on November 27, 2018 alleging that Srinivas.T., who is the complainant is the owner in possession of 1 acre 36 guntas in Sy.No.82/2, Arakere Village, Begur Hobli, Bannerghatta Road, Bengaluru. It is further stated in the complaint that the accused/petitioner is a goon and along with his henchmen, he attempted to interfere with the peaceful possession of the complainant and abused him and his caste. Based on the said complaint, FIR bearing Cr.No. 301 of 2020 was registered and subsequently, a charge- sheet was filed on 11.11.2019 without any due notice to the petitioner. The complainant claims that he had preferred a partition suit bearing O.S.No.1848/2008 and the said suit came to be decreed and the property was equally divided amongst the family members who were parties in the said suit. The main allegation of the complainant against the petitioner is that on 21.11.2018, the petitioner along with his henchmen came near the complainant's land at Sy.No.82/2 which is a agricultural land and attempted to trespass into the property with the help of henchmen and when the complainant attempted to prevent the petitioner from entering the property, he threatened and abused him. Based on the allegations made by the complainant in his complaint, Cr.No.301 of 2020 came to be registered for the aforesaid offences and subsequent to registration of the crime, the Investigating Officer proceed with the investigation and charge-sheet was laid against the petitioner and a case in Special Case No.116/2020 arose in Cr.No.301/2018 of Hulimavu Police Station before the competent Court. The Police are making hectic efforts to arrest the petitioner herein. Therefore, the petitioner is before this Court seeking for the relief of anticipatory bail.