CHIDANANDA @ SHIVANANDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is an anticipatory bail petition filed under Section 438 of Cr.P.C. filed on behalf of accused Nos.2, 4 and 13 in Crime No.81/2019 of Kowthal police station, in which they have been charge sheeted along with 13 other accused for the offences punishable under Sections 143 , 147 , 148 , 323 , 324 , 341 , 307 , 504 , 506 read with Section 149 of Indian Penal Code, 1860 (' IPC ' for short) and Sections 3(1)(r), 3(1)(s) and 3(2)(V-a) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act , 1989 (SC/ ST Act ' for short).

(2.) The charge sheet allegations are to the effect that on 11.09.2019 at about 4.30 p.m. while celebrating the Moharram festival in Bagalawada village, all the accused sixteen in number came there started abusing the witnesses saying "F and accused No.1 stabbed CW.1 with a knife on the middle of the back and caused injury and accused No.5 stabbed CW.4 on the lower abdomen and caused injuries to him. The further allegation is that accused No.2 stabbed CW.2 with a knife on the abdomen and on the middle of the chest and caused bleeding injuries to him. It is further alleged that with the same knife accused No.2 had stabbed CW.3 on his right shoulder on the backside. It is alleged that accused No.1 had stabbed CW.5 on the front side of his head and caused injuries. When CW.6 went to pacify the quarrel, accused Nos.4 and 8 held him and the juvenile in conflict with law assaulted him with club and caused bleeding injuries. It is also alleged that all the accused had abused the witnesses saying that "F " and threatened them with dire consequences.

(3.) Learned counsel for the petitioners submitted that the petitioners are innocent and they have not committed any offences; there was a group clash while celebrating the Moharram festival and a counter case in Crime No.82/2019 was registered against the complainant and several witnesses in their case at the instance of the accused and the complainant and the witnesses had caused grievous injuries to them and in the said case offences inter alia under Section 307 of IPC was registered; the allegations regarding caste denigrative abuses are general, vague and omnibus in nature and that even though accused No.2 is alleged to have assaulted CWs.2 and 3 with knife, they had suffered lacerated simple injuries and therefore it is improbable that accused No.2 would have assaulted them with knife and therefore no prima facie case is made out and as such denial of anticipatory bail to the petitioners will lead to miscarriage of justice.