C.NAGESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Section 438 of Cr.P.C., by Accused Nos.2, 4, 5, 6, 8 and 9 seeking anticipatory bail in Crime No.122/2019. Investigation is complete and chargesheet is laid against nine accused persons under Sections 143 , 341 , 323 , 504 and 506 read with Section 149 of IPC and Sections 3(1)(R) and (S) of the SC/ST (Prevention of Atrocities) Amendment Act, 2015 (in short 'the SC/ST (POA) Act).

(2.) Learned HCGP has not filed any statement of objection, but has orally opposed the petition. Learned HCGP has filed a report for having served the copy of the petition on the complainant.

(3.) The case of the prosecution is that on 19.11.2019 at about 4.30 p.m., while C.Ws.1 and 2 were returning in their motor-cycle after performing the funeral ceremonies of their uncle, on the way, C.W.2 asked the driver of a standing lorry for a match box and at that time, all the accused persons are alleged to have formed into an unlawful assembly and Accused No.1 asked C.W.1 about his name and address and when he disclosed his name and address, all the accused persons abused C.Ws.1 and 2 by calling their caste name in public view. Accused Nos.2 and