PAVAN Vs. STATE

JUDGEMENT

(1.) This petition is filed by petitioners/accused 2, 3, 6 and 7 respectively under Section 438 of Criminal Procedure Code, 1973, seeking anticipatory bail to direct the respondent-police to release the petitioners on bail in the event of their arrest for the alleged offences punishable under Sections 143, 147, 148, 323, 324 and 504 read with Section 149 of Indian Penal Code, 1860 and also under Section 3(i)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 registered in respondent-police station Crime No. 21 of 2014. Brief facts of the prosecution case are that on 3-2-2014 at about 8.30 a.m. complainant boarded the bus at Chandagalu Village in order to go to college. Complainant and his friends Girish, Shivakumar and Ganesh alighted at city bus stand and at that time, Girish had gone to toilet and others were waiting outside. When the said Girish came outside the toilet, blood was oozing and on enquiry, he told the first petitioner, Bharath, Sanjay and Karthik assaulted him and then they have taken him to the Devaraja Police Station and informed the police and police directed to take him to the K.R. Hospital for treatment. When said Girish was taking treatment the complainant was standing outside, at that time, petitioner and other accused persons came there and abused him in filthy language and assaulted him with legs and hands. Complainant being afraid ran away towards K.T. Street and then accused shouted as thief and the public suspected him as thief and assaulted him with hands, legs and stones. He became unconscious. Due to previous ill-will, petitioners and other accused persons have humiliated him by taking the name of his caste. On the basis of the said complaint, a case has been registered against the petitioners for the alleged offences.

(2.) Heard the arguments of the learned Counsel for the petitioners and also the learned Government Pleader appearing for the respondent-State.

(3.) I have perused the averments made in the bail petition and other materials placed on record.