BILIGEGOWDA S/O LATE BOREGOWDA Vs. STATE

JUDGEMENT

(1.) The first information report reveals that the person by name Mahadevamma of Akkihebbalu Hobli lodged a complaint stating that on 27.4.2016 at about 1:30 p.m., when her son by name Ravi had been to a grocery shop of one Dinesh, at that time, the accused persons abruptly caught hold the said Ravi, assaulted and abused him with filthy language referring to his caste. The case has been registered under Sections 342, 324 read with Section 34 of IPC and also under Section 3(1)(x) of the SC and ST (Prevention of Atrocities) Act, 1989.

(2.) Looking to the above facts and circumstances, the complaint came to be lodged on 5.5.2016 after lapse of seven days. No explanation is offered, though, it is stated that they were trying to compromise the matter between the parties. Further there is no allegation whatsoever that the accused persons abused the said Ravi in filthy languages in the presence of any public. The offences are not serious in nature. Further, added to that, the learned counsel seriously contend that the marriage of the daughter of accused No.2 is proposed to be held on 11th and 12th of June, 2016. Taking that into consideration, a false complaint has been lodged. The learned counsel has also produced the document showing that on 3.12.2015 accused No.1 (petitioner No.1) has filed a complaint against Mahadeva and others stating that the said persons belongs to the Scheduled Caste and they have been threatening him that they would lodge a complaint under the SC and ST (Prevention of Atrocities) Act, but no action has been taken by the police.

(3.) Looking to the above facts and circumstances, I am of the opinion that though Section 3(1)(x) invoked by the police, but in the absence of ingredients of abusing words being used by the petitioners in the presence of any public, in my opinion, the petitioners are entitled to be enlarged on bail. Hence, the following ORDER The petition is allowed. The petitioners are ordered to be released on bail in the event of their arrest in connection with Crime No.151/2016 for the offences punishable under Sections 342, 324 read with Section 34 of IPC and also under Section 3(1)(x) of the SC and ST (Prevention of Atrocities) Act, 1989, subject to the following conditions: