H.V. HANUMANTHARAYAPPA AND OTHERS Vs. THE STATE OF KARNATAKA BY SOLADEVANAHALLI POLICE STATION AND OTHERS

JUDGEMENT

(1.) This petition is filed by the petitioners/accused Nos. 1 and 2 under section 438 of Cr.P.C., 1973 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 448, 323, 324, 504, 354(A), 354(B), 506, 341 r/w Section 34 of IPC and also under Section 3(1)(X) of the SC/ST(Prevention of Atrocities) Act, 1989 registered in respondent police station Crime No. 367/2017.

(2.) One Smt. Sowmya is the complainant in this case. She is a widow. For her livelihood she is doing tailoring work. On 17.9.2017 at 9.00 a.m. when she was alone in the house accused No. 1 suddenly trespassed into her house, abused her taking the name of her caste stating that she has got a Trust registered against him. She belong to lower caste and abused her in filthy language and also stated that she should be kept outside the village. So abusing, he assaulted her with his hands. Ravi-Accused No. 2 S/o accused No. 1 who had come with him also abused her in filthy language taking the name of her caste. The petitioners insulted her, dragged her by holding her tuft and touched her body and private part and lowered down her reputation. They have also threatened her that if she continued the Trust she will be set fire by pouring kerosene. They also assaulted her with chappals. When she cried loudly, public going in front of the house came and after seeing them the accused persons ran away from the said place. On the basis of the said complaint, case was registered against the petitioner/accused Nos. 1 and 2.

(3.) Heard the arguments of the learned counsel appearing for the petitioners/accused Nos. 1 and 2 and also the learned High Court Government Pleader appearing for the respondent-State.