MALLU @ MALLIKARJUN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is an anticipatory bail petition filed under Section 438 of Cr.P.C. in Crime No.11/2020 of Chowk Police Station, Kalaburagi 'B' Sub-Division, Kalaburagi City.

(2.) One Vikram Jayachandra Rathod is the complainant. The allegation in the complaint is to the effect that on 20.02.2020 at about 4.00 p.m. accused Sharanu Jaki had taken away the friend of the complainant by name Abhilash on his motorcycle and thereafter abruptly left him near S.B. Temple and he had gone away without informing Abhilash. Thereafter accused Sharanu Jaki repeatedly telephoned to Abhilash and asked him to come near Ashirwad Kalyan Mantap to a garage and at about 7.10 p.m. when Abhilash arrived there, Sharanu Jaki and his younger brother Praveen Jaki (Chota Jaki) abused him and assaulted him and when Abhilash escaped from their hands, they chased him and assaulted him with stone on his head and caused bleeding injury. Thereafter, they had taken him to a private hospital and given him treatment and threatened him not to register any case against them. Thereafter, accused Sharanu Jaki had telephoned to Akhilesh, a friend of the complainant and informed him that he had assaulted Abhilash and Akhilesh should go to him and pacify him. Immediately, complainant and Akhilesh went near Sharanu Garage at about 9.15 p.m. When they reached there, they found accused-Sharanu Jaki and Praveen Jaki sitting there along with injured Abhilash and Abhilash was having bandage on his head. Complainant and Akhilesh enquired with Abhilash and thereupon, accused Sharanu Jaki abused the complainant and Akhilesh. Thereupon, Akhilesh held the accused Sharanu Jaki by his shirt collar and on seeing the same complainant told accused-Sharanu Jaki that they had gone there only at his request. Thereupon accused Praveen Jaki abused the complainant, threatened to commit his murder and when complainant questioned him, accused Praveen Jaki made a call from his mobile phone to his rowdy friends and within five minutes accused Karna (Rocks), Rachanna, Paramesh @ Pamya, Budda Viya @ Vijay, Sharanu Lengti, Mallu Jamadar (petitioner herein and accused No.9) came there in a vehicle. Accused Sharanu Jaki told them that complainant and Akhilesh had challenged him and instigated them to assault the complainant and Akhilesh. Accused-Sharanu Jaki assaulted the complainant and accused Karna stabbed him with a knife on his waist and the rest of the accused assaulted him by hands, clubs, belt etc., and caused injuries to him all over his body. They also assaulted Akhilesh, at that time one Ambulance vehicle came there hooting and accused became afraid that Police might come and they escaped from there.

(3.) Learned counsel for the petitioners submitted before me that there is no specific allegation of any overt-acts against the present petitioners or regarding caste denigrative abuses and therefore, there is no prima facie case made out against him under the Act and in that view of the matter as held in Prathvi Raj Chauhan Vs. Union of India and Others reported in AIR 2020 Supreme Court 1036, petitioner is entitled to be granted anticipatory bail.