RAKESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Crl.P.Nos.2972/2020, 2845/2020, 2858/2020 and 3180/2020 have been filed by the petitioners/accused Nos.2, 4, 5 and 6, respectively under Section 438 of Cr.P.C. praying this Court to release them on anticipatory bail in the event of their arrest in Crime No.42/2020 of Thirumalashettahalli Police Station (pending on the file of II Additional District and Sessions Court, Bengaluru Rural District, Bengaluru) for the offences punishable under Sections 342, 384, 302, 504 and 506 read with Section 34 of IPC and Section 3(2)(va) of the Scheduled Casts and Scheduled Tribes (Prevention of Atrocities) Amendment Bill, 2015.

(2.) I have heard Sri.Arun A. Bagalwadi, learned counsel for the petitioners/accused Nos.2, Sri. Pallava R., learned counsel for petitioners/accused Nos.4 and 5 and Sri. Venkata Reddy S.K., learned counsel for respondent No.6 and Sri. Vinayaka V.S., learned High Court Government Pleader for respondent State.

(3.) The genesis of the case of the prosecution in brief is that on 08.04.2020, accused No.2-Rakesh and accused No.3-Santhosh came to the house of the complainant and took her husband-deceased Munikullappa. When the complainant questioned, she was told that after enquiry within few minutes he will be sent back. On the next day i.e., on 09.04.2020, her husband did not return and the complainant went in search of her husband to the police station and she found her husband was in the cell and he was being assaulted indiscriminately on his chest, waist and other parts of his body. When the complainant questioned accused No.2-Rakesh, he abused the complainant in filthy language and also by taking the name of her caste and told her that they will conduct encounter on her husband in the police station and further, abused her husband in her presence. Accused Nos.2-Rakesh, 3- Santhosh, 4-Muniveerapa, 5-Srinivas M. and 6-Mahadev Reddy have assaulted and tortured the deceased. When the complainant screamed and requested to spare her husband for which, accused No.2 demanded an amount of Rs.2,50,000/- as bribe otherwise, her husband wouldn t return. When the complainant and her son told that they do not have any such amount, accused No.2 asked her son to pledge her mother and get the money and pushed them out.