SUJAY BHARGAV Vs. STATE OF KARNATAKA AND OTHERS

JUDGEMENT

(1.) This petition is filed by the petitioner/accused under section 438 of Cr.P.C., 1973 seeking anticipatory bail, to direct the 1st respondent-police to release him on bail in the event of his arrest for the offences punishable under Sections 354, 323, 504 and 506 r/w 34 of IPC and Sections 3(1)(r)(s), 3(1)(w)(i) OF SC/ST (Prevention of Atrocities) Act, 1989 and 3(2)(v-a) of SC/ST (Prevention of Atrocities) Amendment Ordinance, 2014 registered in respondent police station Crime No.114/2017.

(2.) The prosecution case is that as per the complaint averments, wherein one Smt.Annapurna is the complainant in this case, it is stated that about six months back, the petitioner, Sujay Bhargav had borrowed a sum of Rs. 12.00,000/- on the promise that within two or three months, the said amount would be returned to the complainant. Inspite of a lapse of six months, the said Sujay Bhargav had not repaid the said amount. When the complainant asked for the same, the petitioner gave no response and not received the phone calls. Therefore, she was fed up. On 12.12.2017, she went to the place where the petitioner was residing and at 6.00 p.m., she asked for repayment of the amount. At that time, Sujay Bhargav abused her in filthy language and he phoned to his friends and before their arrival, he assaulted the complainant with his hands stating that he will not return the amount of Rs. 12,00,000/- towards rental amount and challenged her to do whatever she wants, he will not pay the amount borrowed nor the rent. After arrival of his friends, the complainant was about to get into the car, the petitioner and his friends held her and they dragged her and tried to outrage her modesty and also tried to drag her by holding her clothes. In that process, she lost the mangalya chain. The petitioner abused her in filthy language by taking name of her caste. When those persons were leaving the place, they again warned the complainant that if she asked for the amount, they will not spare her. Therefore, the complainant filed a complaint requesting to take action against the petitioner and others. On the basis of the said complaint, FIR came to be registered against Sujay Bhargav and two others.

(3.) Heard the arguments of the learned counsel appearing for the petitioner/accused No.1 and also the learned counsel appearing for respondent No.2 and also the argument of learned High Court Government Pleader appearing for the respondent No.1-State.