SHARANAPPA ALIAS SHARANABASAVARAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners, who are accused Nos.3 to 5 are before this Court seeking to be enlarged on anticipatory bail in the event of their arrest in Crime No.70/2020 of Hosalli P.S. for the offences punishable under Sections 143 , 147 , 323 , 504 , 506 , 355 , 188 read with Section 149 of IPC and Sections 3(1)(r)(s), 3(2)(5a) of Schedule Caste and Schedule Tribe (Prevention of Atrocities Amendment Ordinance 2014) Act, 1989.

(2.) The case of the prosecution is that on 21.04.2020 at about 10:30 a.m., when the complainant and his father were in their house, the petitioners and others were fencing the land situate at the hind side of the house of the complainant and moved towards the house of the complainant. At that time, the complainant questioned the petitioners, instead of answering the complainant there assaulted the complainant and abused the complainant using filthy language as also by using their caste in a derogatory manner. It is on that basis, the above complaint was filed.

(3.) Shri Manjunatha G. Patil, learned counsel for the petitioners would submits that there was a dispute between the complainant's family and the petitioners' family, who are neighbourers as regards boundaries. At the most, it could be said that a minor incident has occured, but only to fix the petitioners the allegations of atrocity as also the offences under the provisions of SC/ST (POA) Act have been included in the complaint. He further submits that the reading of the complaint would indicate that the incident had happened only between the complainant and the petitioners and there was no one else present at the spot. On this ground, he submits that the bar under Sections 18 and 18-A of the SC/ST (POA) Act for grant of anticipatory bail is not attracted since even if the allegations are taken at the face value, they are not committed in a public view so as to attract the provisions of SC/ST (POA) Act. He submits that the petitioners would co-operate with the investigation in all manner possible and they ought to be enlarged on anticipatory bail, since there is an imminent threat of arrest.