MASHAQSAB HOLKUNDI Vs. STATE

JUDGEMENT

(1.) The present petition is filed by the petitioners/accused Nos.1 to 6 under Section 438 of Cr.P.C., seeking anticipatory bail in Crime No.190/2017 of University Police Station, Kalaburagi, registered for the offences punishable under Sections 143, 147, 148, 323, 324, 354, 307, 336, 504, 506 r/w Section 149 of IPC and Under Section 3(I)(X) of Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989. (For short 'SC/ST Act')

(2.) Brief facts leading to filing of the complaint are that, on 5.6.2017 at about 8:30 PM when the petitioner Nos.3 and 6 had picked up quarrel with the cousin of the complainant near Badiger Katti, the complainant had pacified the quarrel. On the same day at about 10:00 PM when the complainant was speaking with few members of the community near village entrance, at that juncture petitioners along with other 20 to 25 members came by constituting into an unlawful assembly by holding sticks, stones and started abusing the complainant in filthy language and also abused the complainant by taking the name of caste. When the complainant obstructed the petitioners from going to the graveyard, at that time, petitioners assaulted the complainant. When the complainant and his men tried to escape, accused persons hurled stones against them, due to the said impact a stone was hit to the stomach portion of the complainant and a contusion was caused. Immediately, thereafter two ladies intervened and pacified the said galata. At that time, accused No.1 dragged the lady, kicked her and caused a contusion. Accused No.3 abused in filthy language and assaulted with stick on the right leg and thereby caused grievous injuries and when the petitioners were making life attempt on the complainant party, other members of the village timely rescued the complainant party. At that point of time, petitioners have threatened the complainant with dire consequences. Thereafter, the complainant went to the Government hospital for treatment and thereafter lodged a police complaint.

(3.) I have heard the learned counsel for the petitioners and the learned High Court Government Pleader appearing for respondent-State.