KUMARA N @ HALU KUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petition has been filed by petitioners/accused Nos.2 and 3 under Section 438 of Cr.P.C., to release them on anticipatory bail in Crime No.78/2020 of Chamarajanagar Police Station (pending on the file of Principal District and Sessions Judge, Chamarajanagar) for the offences punishable under Sections 332, 504, 506, 353 read with Section 34 of IPC and also under Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) I have heard the learned counsel Sri. Y.S. Shiva Prasad for petitioners/accused Nos.2 and 3 virtually and learned HCGP Sri. R.D. Renukaradhya for the respondent No.1 - State. Learned HCGP submits that the notice issued to the complainant has been served but there is no representation on behalf of the complainant. Registry is directed to print the name of the complainant for having served.

(3.) The gist of the case of the complainant in brief is that complainant is working as a water man and on 01.09.2020 at about 6.00 a.m., when he was releasing the water, accused No.1 - Mahadevaswamy rake up a commotion with him saying that why did you break the pipe and abused him by taking the name of the caste. The persons belonging to the scheduled caste become intolerable and rest of the accused were also joined the company of accused No.1 and they threw tea on him. Though he has been frequently delivering the duty for supply of the water to the public and however, the alleged incident has been taken place. On the basis of the complaint, a case has been registered.