ANNAPPA SHIVAPPA HALIJOLE Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) This is the petition filed by petitioner -Accused No. 1 under Sec. 439 of Cr.P.C. seeking his release on bail of the alleged offence punishable under Ss. 143, 147, 323, 448, 504, 506 R/w. Sec. 149 of IPC and Sec. 3(1)(X) of SC/ST Prevention of Atrocity Act, 1989, registered in respondent police station Crime No. 252/2015.

(2.) Brief facts of the prosecution case are that one Mr. Prakash Asode lodged a complaint alleging that, on 01.10.2015 when he was in his pan shop, at about 12.00 p.m. the petitioner/accused No. 1 came and asked for pan and accordingly the complainant had given the pan to the petitioner/accused No. 1 and asked for money for having given the pan, for which the petitioner/accused No. 1 abused him in filthy language and threatened the complainant without making payment. It is further alleged that at about 10.00 p.m. during night hours he went to sleep to Deelip Asode Tailoring Shop, the accused persons at about 12.00 midnight came to his residence and knocked the door, then his brother opened the door and the accused persons asked his brother where he is, then his brother told he had went to sleep in Tailor Deelip shop and his brother telephonically informed him about said fact. By that time the petitioner/accused No. 1 knocked the door of said tailor shop and one Prabakar opened the door, then the accused started abusing in filthy language by using the name of his caste and assaulted him. On the basis of said complaint, a case has been registered.

(3.) Heard the arguments of the learned counsel for the petitioner -Accused No. 1 and also the learned HCGP for the respondent -State.