MALAPPA AND ORS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioners/accused Nos.2 to 4 under Section 438 of Cr.P.C., seeking anticipatory bail in Crime No.78/2017 of Babaleshwar Police Station, Vijayapur District, registered for the offences punishable under Sections 323, 324, 307, 504 R/w Section 34 of IPC and also Section 3(1)(X) of SC/ST (Prevention of Atrocities) Act (hereinafter referred to as 'Atrocities Act' for short)

(2.) Brief facts of the case are that, the complainant belongs to Scheduled Caste and there was a quarrel between the complainant and accused No.1. In that light, on 21.04.2017 when the complainant and others were celebrating 126th Ambedkar Jayanti and when they were near Bheer Devar Temple, at that time accused persons were standing nearby the place, accused No.1 abused the complainant by taking his caste and pulled his shirt and made him to fall on the ground. At that time, one Bheerappa Parasannavar given the iron rod to accused No.1. Accused No.1 again abused the complainant by taking the name of his caste and assaulted over the head. At that time, accused Nos.2 and 4 abused the complainant by taking the name of the caste of the complainant and they also tried to assault with knife over the neck. Accused Nos.2 and 4 slapped on the complainant. Because of the assault by accused No.1 with iron rod, the complainant become unconscious and later he regained the conscious in Vijayapur Government Hospital and thereafter filed the complaint as against the accused persons.

(3.) I have heard the learned counsel for the petitioners and the learned Additional State Public Prosecutor appearing for respondent-State.