MAHESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS petition is filed under Section 438 of Cr.P.C. seeking anticipatory bail in Crime No.109/2014 of Yadgir Police Station registered against ten accused including these petitioners for the offences punishable under Sections 143, 147, 148, 323, 307, 504, 427, 149 of IPC r/w. Section 3(1)(X) and 2(V) of SC and ST (Prevention of Atrocities) Act. The petitioners are arrayed as accused Nos.2, 3, 4, 6, 7 and 9 respectively in the FIR.

(2.) THE case of the prosecution is:

(3.) SRI Ustad Firasath Hussain, learned Counsel for the petitioners submits that except the offence under Section 307 of IPC, all other offences quoted in the FIR under Indian Penal Code are bailable and the provisions of SC and ST (Prevention of Atrocities) Act is not at all attracted, since the alleged act even if accepted as true, will not attract any of Sub -section (I) to (XV) of Section 13 of SC and ST (Prevention of Atrocities) Act (for short 'the Act'). The judgment of the Apex Court in the case of State of Madhya Pradesh Vs. Ram Kishna BA.Lothia, 1995 AIR(SC) 1198is relied by him highlighting on the observation that "Section 438 of Cr.P.C. does not apply to any cases involving arrest of any person accused of having committed any of the offence contemplated under Section 3(1) of SC and ST (Prevention of Atrocities) Act. He further submits that the victims have not suffered serious injuries during the incident and are already discharged from the hospital.