CHANDPASHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner/accused under Section 438 of Code of Criminal Procedure seeking a direction to the respondent-Police to release him on bail in the event of his arrest.

(2.) Brief facts of the case as per FIS is as under; It is stated in the complaint that, the complainant is belonging to Korva caste, coming within the Category of Scheduled Caste community and is working in Hyderabad. It is stated that the petitioner had developed animosity with him in regard to the adjacent land. It is stated that the land of the complainant and the petitioner are situated adjacent to each other. It is alleged that the petitioner had put shrub to the way going to the land of the complainant and therefore obstructed and caused obstruction to go the land of the complainant. Therefore, in this regard, when the complainant had objected and asked the petitioner why such shrub was put causing hindrance to the way to go to the land of the complainant, therefore, with that regard a verbal altercation is taken place coupled with the alleged assault made by the petitioner and it is also alleged with reference to caste, the petitioner had abused the complainant. Therefore, with these allegations a complaint is lodged against the petitioner and accordingly a crime is registered as Crime No.86/2020 for the offences punishable under Sections 341 , 324 , 325 , 504 and 506 of IPC and Section 3(1)(r) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989.

(3.) As per sub-section (3) and (5) of Section 15-A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act , 1989, a notice is issued to the respondent No.2 who is a complainant herein and the learned High Court Government Pleader had filed memo with endorsement for having served the notice to respondent No.2-complainant. As per sub-section (12) of Section 15-A of the Act, Sri Sudheer Kulkarni, who is a Panel Advocate on the list of the High Court Legal Services Committee, High Court of Karnataka, Kalaburagi Bench, is engaged on behalf of respondent No.2.