DHARSHAN PANKAJ REVANKAR Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) The learned Government Pleader has taken notice for the respondent-State and has submitted his oral objections. Heard both sides.

(2.) A perusal of the documents placed before this Court at this stage and prima facie go to show that, one Sri. Deepak Bhaskar Kudalkar claiming himself to be the State Convener of the Karnataka Dalit Sangharsha Samiti, Uttrar Kannada, Karwar lodged a complaint against the present petitioner before the respondent-police alleging that the present petitioner has posted a defaming statement in Facebook and WhatsApp equalising the Scheduled Caste and Scheduled Tribe to the beggars. The said complaint was registered for the offence punishable under section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Section 3(1)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. Seeking the relief of an anticipatory bail in the said crime, which was registered as crime No.119/2017 of the complainant police, the accused is before this Court.

(3.) The learned counsel for the petitioner in his arguments submitted that there is nothing on the material to show that the present petitioner has posted any such posting either in Facebook or in WhatsApp. Secondly, whether the alleged posting would attract the provisions of law for which the complaint is registered against the petitioner is the subject matter of the trial in the Court below. While drawing the attention of this Court to the alleged further statement of the complainant as well the report from the FSL Laboratory shown to have been issued in this matter, the learned counsel further submitted that the complainant himself has convinced that there was no point in proceeding further in the matter. As such, he has requested to close the proceedings against the accused. Added to that, the FSL report also shows that, lack of material to hold that the accused has made use of the cell phone for posting of the alleged matter.