RADHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has filed this petition under section 438 of the Code of Criminal Procedure, 1973 seeking the relief of anticipatory bail in Crime No. 0204/2018 of Honnavara Police Station for the offences alleged under Sections 3(1)(r) and 3(1)(s) of Schedule Castes and Schedule Tribes (Prevention of Atrocities Amendment) Act (for short 'the Act') and under Sections 341, 355, 506 and 504 of Indian Penal Code.

(2.) The summary of the case of the prosecution is that one Smt. Saroja wife of Ganapathi Mukri, a resident of Haldipura village, Jaganikatti, lodged a written complaint before the complainant/police on 22.03.2018 at 5.30 p.m. The summary of the said complaint is that on 20.03.2018 in the evening at about 3.30 p.m. while she was going towards her mother's house at a short distance from the said house on a public road, the accused herein restrained her and abused her in filthy language including insulting her by taking the name of the caste to which the complainant was belonging to. It is also alleged in the complaint that the caste of Mukri to which the complainant was belonging to is a lower caste and had the accused were aware of the said caste she would not have married a person of the said case. It is further alleged in the complaint apart from abusing the complainant, the accused also hurled footwear on her. The complainant has further stated that with respect to a plot, there was a civil dispute between her mother and the relative of the accused. As such, taking the side of her relative, the accused has committed the alleged offence. The respondent-police registered the said complaint for the above said alleged offences.

(3.) Learned counsel for the petitioner in his argument submitted that a bare reading of the complaint nowhere shows that any offence punishable under the said Act has been made out since even according to the complainant the accused also belongs to the very same Scheduled Caste. Further, the alleged incident of wrongful restraint of the complainant and abusing her in filthy language are all a created story to demoralise the accused in the civil dispute pending between the mother of the complainant and the relative of the accused.