BASAVARAJ Vs. GOVERNMENT OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel appearing for the petitioners and the learned High Court Government Pleader appearing for the respondent-State.

(2.) This petition is filed under Sec. 439 of Cr.P.C. praying this Court to enlarge the petitioners on bail in Crime No.135/2021 of Gurumitkal Police Station, Yadgir, for the offences punishable under Ss. 143, 147, 148, 323, 324, 307, 195(A), 504, 506 read with Sec. 149 of IPC.

(3.) The factual matrix of the case is that when the complainant had been to watch allayi deity savari (moharam) near Masjid, these accused persons and particularly accused No.1 was performing allayi by holding iron pipe in his hand and came towards the complainant and when the complainant started proceeding towards his house at about 2:00 a.m. accused Nos.1 to 5 by forming themselves an unlawful assembly abused him in a filthy language and at the instance of accused No.6 assaulted the complainant with a pipe below the right knee and caused pain and the said incident witnessed by Sharanappa and Mallikarjun came to the spot and pacified the galata. Based on the complaint, police have registered the case for the offences punishable under Ss. 143, 147, 148, 323, 324, 307, 195(A), 504, 506 read with Sec. 149 of IPC and also invoked special enactment of SC/ST (P.A.) Act, 1989 invoking Sec. 3(1)(r), 3(1)(s), 3(2)(v-a) since the complainant was subjected to humiliation in the presence of general public by taking his caste name.