RAMAKRISHNAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioners/accused Nos.1 and 2, learned High Court Government Pleader appearing for respondent No.1/State and learned counsel appearing for respondent No.2/complainant.

(2.) This petition is filed under Section 438 of Cr.P.C, praying to enlarge the petitioner Nos.1 and 2/accused Nos.2 and 1, on bail in the event of their arrest in respect of Crime No.36/2020 of Kodigenahalli Police Station, Madhugiri, for the offences punishable under Sections 323 , 353 , 504 , 506 read with Section 34 of Indian Penal Code, 1860 and Section 3(1)(r)(s) , 3(2)(va) of the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (the 'SCST Act' for short).

(3.) The factual matrix of the case is that, on 20.02.2020 at 1:45 p.m, when the work was going on towards Byrenahalli on a District main road, the complainant who is an Engineer inspecting the work carried out by the contractors, at that juncture, accused No.1/second petitioner herein came to spot in a two wheeler and abused him touching his caste name saying that who has given the Government work to him and the way in which he carried out the work, there was a discrimination in respect of his village and abused that, who gave the job and the other person i.e., accused No.2/first petitioner herein, being a pillion rider of the said two wheeler held his collar and fisted on his face, as a result, he fell down and sustained injury and immediately he was taken to the hospital in an autorickshaw. Hence, prayed the police to take action against them that they abused touching his caste name and assaulted him. Based on the complaint, the police have registered the case in Crime No.36/2020 and invoke the offences punishable under Sections for the offences punishable under Sections 323 , 353 , 504 , 506 read with Section 34 of Indian Penal Code, 1860 and Section 3(1)(r)(s), 3(2)(va) of the SCST Act.