KUMARA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard Sri. Y.S. Shiva Prasad. the learned Counsel for the petitioners and Sri. K. Nageshwarappa, the learned High Court Government Pleader for the respondent State.

(2.) Petitioners are accused of the offences punishable under Secs. 143, 147, 148, 341, 323, 324, 504, 114 read with Sec. 149 of IPC and under Sec. 3(1) (R) (S) of SC/ST (POA) Act, 1989.

(3.) It is alleged that on 3-7-16 at 7.30 p.m., when the complainant after finishing his work was returning home from the bus stand, in front of a provision store situated opposite to a Co-operative Society, petitioner No.1 (accused No.1) owner of the provision store, petitioner No.2 (accused No.2) President of a Milk Dairy, petitioner No.3 (accused No.3) Secretary of said Milk Dairy and petitioner Nos. 4 to 7 (accused Nos. 4 to 7), forming themselves into an unlawful assembly, stopped the complainant, abused him in foul language and insulted him by referring to his caste by stating that 'you have reached the stage of lodging complaint against their community persons'. When they were doing so, petitioner No.8 joined them and he also instigated petitioners 1 to 7 in their act and all of them began assaulting the complainant with a stick and beating him with hands and kicking on his private part. When the complainant started screaming, his brother who was passing by, came there and tried to reconcile the galata, but he was also abused and insulted by them in similar way. Thereby, petitioners have committed the offences. It is on these allegations, the Police have registered a case in Crime No.187/2016 against the petitioners for the aforesaid offences. The anticipatory bail petitions filed by the petitioners before the Sessions Court have been rejected solely on the ground that Sec. 18 of SC/ST (POA) Act will come into picture and anticipatory bail cannot be granted when there is prima facie case against the accused under the provisions of the said Act.