CHANDRASHEKHAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) . This bail petition is filed under Section 438 of Cr.P.C. praying to enlarge the petitioner on bail in the event of his arrest in crime No.179/2018 of Gogi Police Station, Shahapur taluka for the offence punishable under Sections 143 , 147 , 323 , 504 , 506 read with Section 149 of IPC and Sections 3(1)(r) , 3(1)(s) of Scheduled Castes and Scheduled Tribes Act (in short 'SC/ST (PA) Act').

(2.) It is the case of the prosecution that on 29.12.2018 at about 9.00 a.m. one Akshay Kumar/accused No.1 called complaiannt on phone by saying that he has to speak something to him when the complainant and four others came near the Nadakacheri Office in the open space, at that time, accused No.1 assaulted the complainant with hands and abused him by taking the name of his caste as 'holaya sulemagane'. Thereafter, the other accused persons have also abused the complainant and others by taking the name of caste of complainant. The matter was pacified by others.

(3.) The complainant lodged the complaint on 29.12.2018 on the basis of which a case was registered against the accused persons. The petitioners have stated that they have nothing to do with the alleged offence and they have been falsely involved in the case. Hence even going through the entire contents of the petition there are no reason to believe that the petitioners have committed the offence under section 3(1)(r) 3(1)(s) of SC/ST (PA) Act. The present case is a counter blast to the complaint given by petitioner No.7 before same police which was registered in crime No.180/2018 for similar offences. The petitioners are innocent they have not committed any offence much less as alleged in the complaint. The petitioners are the only sole bread earners in their respective families. The respondent police have registered the case and are now visiting the house of petitioners. Therefore, the petitioners apprehend their arrest at the hands of respondent-police in this case. The petitioners are ready and willing to abide by the conditions which may be imposed by the Court and furnish surety.