RIYAZ KHAN & ORS. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners have sought for an order of anticipatory bail in Cr.No.2/2018 registered by the respondent police under sections 3(1) (r), 3(1) (s) of The Scheduled Castes and Scheduled Tribes(Prevention of Atrocities) Amendment Act, 2015 and Sections 143, 148, 504, 147, 149, 323 and 324 of Indian Penal Code. Heard the learned counsel for the petitioners and learned HCGP. Learned HCGP has not filed statement of objections, but has orally opposed the petition.

(2.) FIR was registered based on the information lodged by one Hanumaiah. It is alleged that on 15.01.2018, at about 9.30 a.m., when the complainant was standing in the cloth shop of one Krishnappa, accused No.1 Riyaz asked him to move the motor cycle, which was parked in front of the shop. When the complainant told him that he does not know who had parked the said motorcycle there, accused No.1 abused him calling him VERNACULAR MATTER and thereafter, accused No.2 the son of accused No.1 joined him and assaulted the complainant with iron rod on the forehead causing bleeding injuries. The other accused persons also assaulted and abused the complainant.

(3.) The learned counsel for the petitioners' submits that the alleged incident was intentional; the parties are totally strangers. There was no occasion for the petitioners to know the caste of the complainant; the allegation of caste abuse is made solely with a view to bring the case within the provisions of Scheduled Castes and Scheduled Tribes(Prevention of Atrocities) Amendment Act, 2015. Further, he submits that even though the FIR is registered under Section 324 Indian Penal Code, the wound certificate indicates that the complainant has sustained only an abrasion, which is certified as a simple injury. There was no bleeding injury as alleged in the petition. Therefore, taking into consideration the circumstances of the case, he seeks for an order of anticipatory bail to the petitioners.