B.R.DINESH Vs. STATE

JUDGEMENT

(1.) Accused nos.1 to 8 in Crime No.44/2020 registered by respondent no.1-Police for the offences punishable under Sections 3(1)(r)(s) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act , 1989 (for short, 'the Act'), and under Sections 420 , 313 , 498-A 307 read with Section 34 of IPC, have approached this Court seeking anticipatory bail.

(2.) I have heard the learned Counsel for the petitioners and the learned HCGP. Learned Counsel for respondent no.2-complainant was not present on 29.06.2020 and 30.07.2020, and therefore, petition was adjourned to give him an opportunity. Even today, learned Counsel for respondent no.2 is not present.

(3.) Respondent no.2-complainant has lodged a complaint before respondent no.1-police alleging that she and petitioner no.1 herein lived as husband and wife ever since the year 2010. Though their marriage was not solemnized, they allegedly lived as husband and wife. It is further alleged by her that petitioner no.1 promised her that he would be marrying her, but whenever she requested him to marry, he was postponing the same on one pretext or the other. The complainant has further alleged that initially in the year 2010, she lived with petitioner no.1 in his house at 4th Cross, Kanakanagar, R.T.Nagar, Bengaluru. While they so lived in Kanakanagar, Bengaluru, the complainant allegedly became pregnant and the said pregnancy was terminated by petitioner no.1 forcibly. The complainant also states that her father had paid a sum of Rs.5 lakhs to petitioner no.1 and also provided him household articles. It is her further allegation that inspite of all these, petitioner no.1 was always abusing and assaulting her and virtually he refused to marry her. The complainant further states that petitioner no.1 herein subsequently came to know that the petitioner was married to Smt. Chaitra on 15.04.2013 and from the said wedlock they have a child. The complainant further states that subsequently, petitioner no.1 changed his residence and started residing at Sulthanpalya, and on 20.10.2019, petitioner no.1 herein along with one Ravi @ Cylinder Ravi, Devendra, Venkatesh, Murali and others came to their house armed with deadly weapons and tried to assault the complainant and they also abused her using filthy language and petitioner no.1 allegedly stated that she belongs to Harijan caste and since he knows reputed persons in the society, she cannot do anything to him. The complainant also states that petitioner no.1's mother and wife abused her and said that she was not the wife of petitioner no.1, but was only a kept mistress. Based on these allegations, a complaint was filed on 27.02.2020 and respondent no.1-police registered the complaint in Crime No.44/2020 for the aforesaid offences.