NAVEEN KUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition has been filed by petitioner - accused No.1 under Section 438 of Cr.P.C to release him on anticipatory bail in the event of his arrest in Crime No.292/2019 of Annapoorneshwari Nagar Police Station (pending on the file of LXX Additional City Civil and Sessions Judge, Bengaluru) for the offences punishable under Sections 341 , 323 , 504 , 506 of IPC and Section 3(1) (r), (s), 3(2) (va) of The Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act 1989.

(2.) I have heard the learned counsel Sri. B. Anand for Sri. Naveen Reddy M.V for the petitioner - accused No.1 virtually and learned High Court Government Pleader Sri. Mahesh Shetty for respondent No.1- State. Though notice is served to respondent No.2, he remained absent.

(3.) The gist of the case of the prosecution is that the complainant belongs to schedule caste. In the year 2018, his relative Sri. Rajendra Prasad purchased a property bearing site No.20/A and was raising a compound wall and shed in the property. Since, Rajendra Prasad went to Tamil Nadu for urgent work, he entrusted the work to complainant. On 30.12.2019 at about 9.15 a.m. when the complainant was looking after the work, the petitioner-accused No.1 came near the site and asked him to stop the work stating that the said land belonged to him. When the complainant questioned about the same with documents, he called his brother, the accused No.2 Mohan through phone and gave the same to the complainant. At that time, the accused No.2 through phone threatened the complainant asking him to vacate the spot or else he will chop him on the spot and also abused him in filthy language. Thereafter, the petitioner No.1 also abused the complainant with caste and asked him to leave the spot and also assaulted him on the head with hands, torn the shirt and threatened with life. On the basis of the complaint, a case has been registered.