SIDDALINGAPPA S/O BASANAGOUDA Vs. THE STATE OF KARNATAKA, R/BY ADDL. SPP, KALABURAGI BENCH, 585 107. (THROUGH MANVI P.S. DIST. RACIHUR)

JUDGEMENT

(1.) Heard the learned counsel for the petitioners and the learned High Court Government Pleader.

(2.) The petitioners are before the Court being apprehending arrest and detention in Crime No. 387/2017 registered with the Manvi Police Station on 13.11.2017 for the offences punishable under Sections 143, 147, 448, 354, 395, 506 read with Section 149 of IPC and Section 3(1) W(1) SC/ST Act (Correction-2015) and also being aggrieved by the order passed by the Court of I Addl. District and Sessions Judge, at Raichur in Crl.Misc.No. 1623/2017 dated 04.12.2017. Whereby the Court below has been pleased to dismiss the petition, petition under Section 438 of Cr.P.C preferred by the petitioners praying to enlarge them on bail in the event of their arrest by the respondent police for the offences stated above.

(3.) It is contended by the learned counsel for the petitioners that the offences are not punishable with death or life imprisonment and that on a reading of the complaint it would prima facie demonstrate that no offence is made out under the Atrocities Act and that a general allegation is made by the complainant against all the petitioners. He would submit that though the complaint has been registered for the offence punishable under Sections 143, 147, 448, 354, 395, 506 read with Section 149 of IPC and Section 3(1) W(1) SC/ST Act (Correction-2015), the present petition is maintainable in the light of the law laid down by this Court reported in 2002 Crl.L.J 518.