GOVINDAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioners and the learned HCGP for the respondent-State as well as learned counsel appearing for respondent No.2-defacto complainant.

(2.) This petition is filed under Section 438 of Cr.P.C. seeking anticipatory bail in Crime No.142/2020 of Kudligi Police Station. Investigation is complete and charge sheet is filed for the offences punishable under Sections 143 , 147 , 148 , 323 , 324 , 341 , 307 , 354 , 504 , 506 r/w 149 of IPC and under Sections 3(2) (v-a) and 3(1)(r), 3(1)(s) of the SC and ST (Preventions of Atrocities) Act, 1989 (SC/ ST Act , for short).

(3.) The case of the prosecution is that, on 20/6/2020 at about 8.00a.m., one Manjunath and Nagaraj while taking their bullock cart, it touched a boy by name Jeevan. In this regard, one Shivu Naik picked up a quarrel with Manjunath. Manjunath lodged a complaint against Shivu Naik in Kudlagi police station. In this connection, the first informant namely, Venkatesh Naik and other family members went to the police station along with Shivu Naik. It is alleged that at about 3.45 p.m., when the first informant and others were returning to their village, near Government School at Govindagiri village all the accused persons having formed an unlawful assembly armed with stones, sticks, axe etc. waylaid them and abused them in filthy language touching their caste and assaulted them with wooden sticks, stones, axe etc.