KUMARA AND ORS. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS petition is filed under Section 438 of Criminal Procedure Code, 1973 seeking anticipatory bail in respect of Cri. No. 82 of 2015 registered by the Hunsur Police Station. Offences are punishable under Sections 341, 34, 355, 295 and 323 of Indian Penal Code, 1860 and Section 3(1)(x) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. Bail application filed by the petitioners has already been dismissed by the Court of the 6th Additional District and Sessions Court, Mysore on 10 -4 -2015 in Cri. Misc. No. 596 of 2015. The petitioners are apprehending arrest at the hands of the respondent -Police.

(2.) THE Government Pleader has vehemently opposed the bail application on the ground that there is threshold bar under Section 18 of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 since the first informant and his friends were abused with reference to their caste and were intimidated by these petitioners and accused 4. It is further alleged that first informant and his friends, who are the members belonging to scheduled caste were trampled upon by these petitioners and they kicked with their legs, and even damaged the photo of Dr. B.R. Ambedkar. It is further alleged that they were threatened with dire consequences to their life.

(3.) AS could be seen from the first information lodged by first informant, procession of Lord Anjaneya Swamy was going on in connection with Ugadi festival on the night of 21 -3 -2015 and the same had been organised by these petitioners and his friends. When the first informant and his friends went near the idols to perform pooja, these petitioners and accused 4 stopped them and asked them not to come near the idols and perform pooja at a distance and then to go. Accordingly, first informant and his friends stood at a distance, performed pooja and went away. When first informant and his friends were discussing about the arrangements to be made in connection with Ambedkar Jayanthi, these petitioners and accused 4 came there assaulted them, trampled upon them with their legs and damaged the photo of Dr. B.R. Ambedkar and threatened them with dire consequences to their life and limbs.