MANJUNATHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioners/accused under Section 438 of Cr.P.C. seeking anticipatory bail, to direct the respondent-police to release the petitioners on bail in the event of their arrest for the offences punishable under Sections 506, 109, 504, 448, 324, 148, 355, 323, 143, 147 r/w Section 149 of IPC and also under Section 3(1)(r), 3(1)(s), 3(2)(va) of the SC/ST (Prevention of Atrocities) Act registered in respondent police station Crime No.90/2017.

(2.) Since the petition is filed under Section 438 of the Cr.P.C. seeking anticipatory bail, in view of the specific bar provided under Section 18 of the SC/ST (Prevention of Atrocities) Act, firstly, the Court has to examine whether the allegations made in the complaint and other material collected during investigation makes out a case under the provisions of the SC/ST (Prevention of Atrocities) Act.

(3.) The averments in the complaint are that on 20.08.2019 the complainant by name Bettada Thimmappa S/o Hanumantharayappa gave a complaint before the respondent police alleging that he is residing at Mangalavada Village and belongs to Schedule caste community. On 19.08.2017 at about 9.30 p.m. the complainant along with Govindaraju S/o Thimmaiah had gone to answer second nature call to the lake. By that time, the accused persons named in the complaint after seeing the complainant and others abused them in filthy language by taking the name of caste and kicked with slipper legs and assaulted with stones and clubs. When the complainant and others escaped from their clutches and came to drama place, by that time, one Ranganna, head of Vokkaliga Community instigated his community people and about 50-60 persons belonging to upper caste entered into A.K Colony and assaulted the complainant and others. On the basis of the said allegations, case came to be registered for the offences under the provisions of IPC as well as under the provisions of SC/ST (Prevention of Atrocities) Act.